Someone correct me if Im wrong but we have to produce our LTCH when asked, crime or not, correct?
if that guy didnt have that camera i think it would have been a VERY bad day for him.
NOPE. you dont even have to give them your name unless they are detaining you for a crime.
NOPE. you dont even have to give them your name unless they are detaining you for a crime.
In other words, failure to produce your license (when carrying a handgun) is an arrestable offense, after which you may present it and have charges dropped.IC 35-47-2-24
Indictment or information; defendant's burden to prove exemption or license; arrest, effect of production of valid license, or establishment of exemption
Sec. 24. (a) In an information or indictment brought for the enforcement of any provision of this chapter, it is not necessary to negate any exemption specified under this chapter, or to allege the absence of a license required under this chapter. The burden of proof is on the defendant to prove that he is exempt under section 2 of this chapter, or that he has a license as required under this chapter.
(b) Whenever a person who has been arrested or charged with a violation of section 1 of this chapter presents a valid license to the prosecuting attorney or establishes that he is exempt under section 2 of this chapter, any prosecution for a violation of section 1 of this chapter shall be dismissed immediately, and all records of an arrest or proceedings following arrest shall be destroyed immediately.
You sure about that? Carrying a handgun in public is a crime in Indiana. An LTCH is an exemption to that. This IC might interest you:
In other words, failure to produce your license is an arrestable offense, after which you may present it and have charges dropped.
well i guess i'll be arrested and take my chances with a lawyer. im not showing mine if i havent committed a crime. but thats just me.
well, scutter has the law, but carrying a handgun i still believe is not probable cause for a stop and ID
I didn't say it was probable cause for a stop. I said you're required to produce your license upon request.
Seems to me there's the technical issues which you speak of then there's real issue of dealing with all the crap that goes along with proving your point....but if there was no probable cause to get to the point where they ask me for my LTCH then doesnt that invalidate their request?? just asking.
but if there was no probable cause to get to the point where they ask me for my LTCH then doesnt that invalidate their request?? just asking.
I can't answer that. All I can do is point to the IC and show that carry without a license is a crime with the burden of proof on the defendant to demonstrate his exemption to the statute. Given the above, I would submit that there IS probable cause to at least detain you long enough to request your LTCH, but I have no case law to back that up.
Ive seen case rulings posted on here where judges say that the act of just carrying a gun is not probable cause for an ID check. so many variables. maybe someone needs to be the "test case"
Want to go for a walk?