New with question

[tlcmbc]

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Where can I get a copy of the Indiana law that shows it is legal to open carry? My stepson graduated from the state police acadamy last July and is now a Trooper in Gary. He says it is not legal and at the very least you will be arrested for creating a public disturbance or some such thing, don't remember exactly what he said. Thanks

 

[FogRider]

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Tell him to show the law that says it is NOT legal. Unless the law says you can't do something, you can do it.

 

[tlcmbc]

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I'm not so much worried about him, but any other LEO that I may encounter. Be alot less hassel if I could show them proof and be on my way.

 

[Skippy]

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tlcmbc wrote:

I'm not so much worried about him, but any other LEO that I may encounter. Be alot less hassel if I could show them proof and be on my way.

Disappointing to see yet another academy graduate with no understanding of how the law works.

Laws are not made to allow you to do something. They are only made to prohibit or to modify an existing law. There is no Indiana statute that prohibits open carry, therefore open carry is legal.

 

[Ford Truck]

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Indiana does not issue a concealed weapons permit. Indiana issues a License To Carry Handgun. How we carry it is up to us. Open carry is legal, but you need a License To Carry Handgun to either open carry or concealed carry.

 

[tlcmbc]

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I know what my license says but just wanted to be real sure that this is not just someones interpretation of the law. Makes me think of the guy that had a program that said the IRS was illegal and you don't have to pay taxes. He went to jail. I would like to carry open at times but there are radicals like him that can get a person in trouble if they are taken at their word and it cant be backed up.

 

[Skippy]

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tlcmbc wrote:

I know what my license says but just wanted to be real sure that this is not just someones interpretation of the law. Makes me think of the guy that had a program that said the IRS was illegal and you don't have to pay taxes. He went to jail. I would like to carry open at times but there are radicals like him that can get a person in trouble if they are taken at their word and it cant be backed up.

I would recommend talking with a competent lawyer before listening to legal advice on the internet, if you're that worried about it. There are also a couple of good books on the subject. One of them is "Indiana Handgun Law (1st and 2nd editions) by Bryan Lee Ciyou. Those books are somewhat conservative, but accurate.

Open carry is legal in Indiana, but I do not know how the "brandishing" or "disturbing the peace" baloney charges have played out in court. Even baloney is sometimes sticky, when it's been hanging around the fridge too long. Michigan's AG has published an opinion stating that open carry does not meet the definition of brandishing, but of course that holds no weight in Indiana.

 

[Jerry C]

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My son-in-law just graduated ISP academy in Dec. I ask him if open carry is legal in Ind. He said it sure is. I also ask the opinion of two other state trropers and they both say it is. I've also called major Jerry Ezell who is with the handgun lisensing div. He said you can carry it around your neck, taped to your forehead, hang it in your ear or any other way you want to carry it in Ind. He said open carry is legal in Ind.. so have at it.

 

[openryan]

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Wow, fresh out of the academy and he doesn't seem to have retained a thing. They do teach this in indiana academies.

 

[tarzan1888]

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tlcmbc wrote:

Where can I get a copy of the Indiana law that shows it is legal to open carry? My stepson graduated from the state police acadamy last July and is now a Trooper in Gary. He says it is not legal and at the very least you will be arrested for creating a public disturbance or some such thing, don't remember exactly what he said. Thanks

In the old adage of which came first the chicken or the egg, the answer in this instance of laws and actions, is the action.

Laws are passed to limit actions. Those actions that are limited are those that have been deemed inappropriate.

The action of carrying an gun openly in Indiana has never been deemed inappropriate and no law has been passed to restrict it.



Tarzan