Today while eating lunch at China Buffet by Getz & Jefferson in Fort Wayne I was spoke to buy a FWPD officer who informed me that OC was illegal. Here is a rough draft of a letter to the FWPD addressing the issue. It explains the incident. Anything that you guys think I should add or remove please let me know and would be greatly appreciated (spelling/grammar mistakes of course). If there are any FWPD on here your input is also welcome.
To whom it may concern,
....My name is Travis ____ and would like to provide to you clarification on a current Indiana gun law. First, I am going to tell you the reason why I am writing this letter to you. Today while eating lunch with my family at the China Buffet at Getz Road and Jefferson Boulevard I was approached by FWPD Officer ____. I was open carrying my handgun in a holster securely fastened to my belt. Officer ____ asked if I was an officer, to which I replied "No I am not". He then informed me that he was and that I was illegally carrying my firearm because it was not concealed. I replied that I was well within my rights to open carry. He then asked for my carry permit, which I provided, and he showed me his ID (being that he was not in uniform). He then asked me to step outside to further discuss the matter. We walked to his patrol car and he insisted that open carrying was illegal and was not polite about the subject. I informed him that I had researched my rights to carry in such manner and that I was doing nothing wrong. He then asked for my handgun while he made a phone call in his marked patrol car. After five minutes he handed me his cell phone and asked that I speak to his Sergeant on the matter. I spoke to Sergeant ____ (spelling may be slightly incorrect on his last name). The Sergeant also incorrectly informed me that I could be arrested for illegally carrying my firearm. He insisted that somewhere on my handgun permit it "should" say concealed carry ( It does not by the way, I hold a lifetime License To Carry Handgun in Indiana).
.... I was let go with a verbal warning, which was improper at the time and was threatened that if I had been arrested it could negatively affect my ability to hold a handgun permit in the future. After our phone conversation ended, Officer ____ handed my handgun back to me and informed me again incorrectly that people can't just walk around carrying firearms out in the open. I then covered up my handgun on my right side with my polo shirt ( while leaving 2-3 inches of the gun exposed) and showed the Officer who said that was fine with him. I then informed him that I had recently walked around the Three Rivers festival and saw plenty of FWPD officers and had no incidents whatsoever. He replied that, if he had seen me, things would have been different. I would like to note that during my visit to the China Buffet and while speaking with the Officer, I was calm and respectful, even though the Officer was not.
....My question to the City of Fort Wayne would be: Is a citizen who has a License to Carry Handgun going to be harrassed while "open" carrying a handgun? There is no law or code that states that a law abiding citizen who is legally carrying a handgun has to carry it concealed. The reason I ask is because there is nothing stated at the Indiana State Police website (http://www.in.gov/isp/files/firearms_FAQ_02_08.pdf) in reference to any law requiring concealed carry nor open carry being illegal. I realize that any place of business can ask me to conceal my handgun or leave, that is not in question. I pay attention to business signage to verify firearms are allowed, I am aware some have a sign that reads " No firearms allowed ". I honor those establishments wishes. Nobody from the above mentioned restaurant spoke to me about my firearm. I was told by the two Officers that people get scared when they see guns and that's why nobody open carries, yet nobody in the restaurant seemed scared nor did anyone speak to me about my firearm. I would like some clarification on this matter. I would like some sort of documentation on any bylaw that may exist in Fort Wayne that I am unaware of. If there is such a bylaw obviously this is in direct violation of IC 35-47-11.1-2. I will then retain an attorney and file a lawsuit against the city for damages.
Thank you for your time,
Travis ____
To whom it may concern,
....My name is Travis ____ and would like to provide to you clarification on a current Indiana gun law. First, I am going to tell you the reason why I am writing this letter to you. Today while eating lunch with my family at the China Buffet at Getz Road and Jefferson Boulevard I was approached by FWPD Officer ____. I was open carrying my handgun in a holster securely fastened to my belt. Officer ____ asked if I was an officer, to which I replied "No I am not". He then informed me that he was and that I was illegally carrying my firearm because it was not concealed. I replied that I was well within my rights to open carry. He then asked for my carry permit, which I provided, and he showed me his ID (being that he was not in uniform). He then asked me to step outside to further discuss the matter. We walked to his patrol car and he insisted that open carrying was illegal and was not polite about the subject. I informed him that I had researched my rights to carry in such manner and that I was doing nothing wrong. He then asked for my handgun while he made a phone call in his marked patrol car. After five minutes he handed me his cell phone and asked that I speak to his Sergeant on the matter. I spoke to Sergeant ____ (spelling may be slightly incorrect on his last name). The Sergeant also incorrectly informed me that I could be arrested for illegally carrying my firearm. He insisted that somewhere on my handgun permit it "should" say concealed carry ( It does not by the way, I hold a lifetime License To Carry Handgun in Indiana).
.... I was let go with a verbal warning, which was improper at the time and was threatened that if I had been arrested it could negatively affect my ability to hold a handgun permit in the future. After our phone conversation ended, Officer ____ handed my handgun back to me and informed me again incorrectly that people can't just walk around carrying firearms out in the open. I then covered up my handgun on my right side with my polo shirt ( while leaving 2-3 inches of the gun exposed) and showed the Officer who said that was fine with him. I then informed him that I had recently walked around the Three Rivers festival and saw plenty of FWPD officers and had no incidents whatsoever. He replied that, if he had seen me, things would have been different. I would like to note that during my visit to the China Buffet and while speaking with the Officer, I was calm and respectful, even though the Officer was not.
....My question to the City of Fort Wayne would be: Is a citizen who has a License to Carry Handgun going to be harrassed while "open" carrying a handgun? There is no law or code that states that a law abiding citizen who is legally carrying a handgun has to carry it concealed. The reason I ask is because there is nothing stated at the Indiana State Police website (http://www.in.gov/isp/files/firearms_FAQ_02_08.pdf) in reference to any law requiring concealed carry nor open carry being illegal. I realize that any place of business can ask me to conceal my handgun or leave, that is not in question. I pay attention to business signage to verify firearms are allowed, I am aware some have a sign that reads " No firearms allowed ". I honor those establishments wishes. Nobody from the above mentioned restaurant spoke to me about my firearm. I was told by the two Officers that people get scared when they see guns and that's why nobody open carries, yet nobody in the restaurant seemed scared nor did anyone speak to me about my firearm. I would like some clarification on this matter. I would like some sort of documentation on any bylaw that may exist in Fort Wayne that I am unaware of. If there is such a bylaw obviously this is in direct violation of IC 35-47-11.1-2. I will then retain an attorney and file a lawsuit against the city for damages.
Thank you for your time,
Travis ____
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