The City of Fort Wayne is attempting to implement an illegal policy.
Consult with an attorney at once.
Contact an attorney first.
I've provided my suggested changes to your letter.
To whom it may concern,
My name is Travis ____ and am writing this letter to seek clarification on current gun laws in the State of Indiana and the city of Fort Wayne.
Today while eating lunch with my family, at the China Buffet near Getz Road and Jefferson Boulevard, I was approached by FWPD Officer ____. I was open carrying my handgun in a belt fastened holster. Officer ____ asked if I was an officer, to which I replied "No I am not".
Officer ______ informed me that he was an officer and that I was illegally carrying my firearm because it was not concealed.
I replied, stating that I believed I was not violating the law with my "open" carried handgun.
Officer ______ then asked for my permit (leave as "permit" if the officer called it a permit / change to LTCH if he called it LTCH), to which I provided my License to Carry Handgun. Officer _____ showed me his ID (being that he was not in uniform). He then asked me to step outside the restaurant to further discuss the matter.
We walked to his patrol car and Officer _____ once again insisted that open carrying a handgun was illegal. I informed him that I had researched my rights to carry and felt that I was not violating the law. He then asked to take possession of my handgun, to which i complied, while he made a phone call in his marked patrol car.
After approximately five minutes, he handed me his cell phone and requested that I speak to his Sergeant on the matter. I spoke to Sergeant ____ (spelling may be slightly incorrect on his last name).
Sergeant ______ informed me that I could be arrested for illegally carrying my handgun. He insisted that somewhere on my handgun permit (once again change to LTCH if he called it a LTCH, use permit if he called it a permit) it "should" say concealed carry. As you should know, the Indiana LTCH does not mention a specific type of carry (concealed or open).
I was released with a "warning" (specify written or verbal) and was told that if I had been arrested it could negatively effect 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 that people can't just walk around carrying firearms out in the open.
I chose, at this time, to cover up my handgun with my polo shirt ( while leaving 2-3 inches of the gun exposed) and showed the Officer who stated that was fine with him.
I informed Officer _______ that I had recently walked around the Three Rivers festival which was being patrolled by several FWPD officers and had no incidents whatsoever. His reply was that of him not seeing me there and if he had things would have been different.
I would like to note that no time during my visit to the China Buffet or while speaking with the Officer was I outside of being calm and well mannered. I feel that Officer ______ was not polite about the topic we were discussing.
My questions to the City of Fort Wayne are:
Is a citizen who has an Indiana issued LTCH allowed to "open" carry a handgun?
Does it legally have to be concealed? The research I have done on the matter has shown the State of Indiana to be silent on the issue making either "open" or "concealed" carry within the definition of the laws.
I understand that any place of business can ask me to conceal my handgun or leave. I was not approached by restaurant management about this matter.
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.
I was told by the two Officers that citizens get scared when they see guns and that's why nobody open carries. I should mention that no one patronizing the restaurant seemed alarm at my open carry of a handgun.
Once again, I am seeking clarification from the city of Fort Wayne on the laws regarding the Licensed carry of a handgun.
I am requesting documentation on any by-law suggesting that open carry within the city of Fort Wayne is illegal. If such a by-law exists, then I will comply with the regulations it sets forth.
Thank you for your time,
Travis _____
FIFYIf there is such a bylaw obviously I will file a lawsuit against the city of Fort Wayne under IC 35-47-11.1 and retire to Boca on the proceeds I take from your city coffers.
don't ask for clarification, send them the ISP url addressing this matter and IC 35-47-11.1-2. Tell them they need to (re)educate the officers involved.
I don't feel that names are the important part, the incident is.Why'd you leave the officers names out we should know who the idiots are, I go to Ft Wayne quite often.
Because he realized I was a calm and rational person. He probably expected me to go into a rampage and give him a different reason to arrest me.If it was illegal why didn't they arrest you?
1. You don't need quotations around, " I was well within my rights to open carry"
2. You have a license, not a permit. The officer called it a permit.
3. affect, not effect.
4. There should be an "a" before bylaw.
After speaking with my wife and you folks I believe I will.The City of Fort Wayne is attempting to implement an illegal policy.
Consult with an attorney at once.
He probably thought I was going to start shooting people or go crazy. Who knows. Only reason I handed it to him was to show I was not a threat and was able to comply to his request. I did not want to make a huge scene. Keep in mind my wife and child are inside eating with a place full of people while I am outside handing over my handgun. It already looked bad on my end in the eyes of the uninformed.Am I the only one that saw the fact that the officer took his firearm??? Why did he take your firearm???
I would also change it to "in a holster securely fastened to my belt"
"He replied that, if he had seen me, things would have been different."
"I was calm and respectful, even though officer brown was not."
This is the route I would have taken, and I'm not armchair quarterbacking. If an idiot has a problem, he should put up or shut up.Personally, I would have told the cop to arrest me, if it was against the law. Then I would proceed to sue everyone and their cousin. They were the ones trying to violate your rights, OP. File a complaint, don't send a letter to know nothings asking for clarification.