Told by FWPD illegal to OC in Indiana

[tatic05]

I am absolutely astounded at the level of support I have gotten from you folks! I really had no idea how strongly you all felt about this matter. I guess I didn't realize it until after this happened to me. In hind sight now, I wish he would have arrested me, I wish I would have had a recording device. But that was then and this is now. I will contact a few recommended attorneys to see legally if there is anything that can be done. If I am told that it will be a waste of time and should proceed with a simple complaint letter, than that is what I will do. I am going to do anything that will make a difference. As I have said I will continue to OC and will setup an OC event in Fort Wayne before the year is over. The more I think about the issue the more it irritates me and the more I want to do something about it. This is so not over, not in the least bit. Thanks for the continued support and please don't let this happen to anyone else in the meantime!

Good for you Travis! If there is ever an OC event in Fort Wayne I will be there to show my support as well. Rep to you good sir.

 

[JetGirl]

Good for you Travis! If there is ever an OC event in Fort Wayne I will be there to show my support as well. Rep to you good sir.

Provided my schedule doesn't conflict, I'm down.

 

[T-DOGG]

Post up what you came up with (size/font/etc.)... I might just want to replicate it if it's shrinkable enough to read while still only needing space of an ID holder (I don't carry a bag).

I printed the last paragraph on page 7 from this link and referenced said link's url on the printout itself. http://www.in.gov/isp/files/firearms_FAQ_02_08.pdf

Also printed this in it's entirety. http://www.in.gov/legislative/ic/code/title35/ar47/ch11.1.html

I have a copy of each in 3 places: my wallet, wife's car, and my car. They will be available on demand from now on.

 

[CathyInBlue]

I'm down.

Get on up!



All these get-togethers and to-dos are happening in NWI. I kinda feel left out here in WCI.

 

[MACHINEGUN]

The letter is all fine and dandy, but I'd leave out the suing part at the very end.. I'd leave that up to my Attorney if and when I decided to sue.

 

[T-DOGG]

The OC event will happen in the Fort. Like Tina leaving Ike, it was bound to happen. I will start another thread soon discussing the when and where of it.

 

[T-DOGG]

The letter is all fine and dandy, but I'd leave out the suing part at the very end.. I'd leave that up to my Attorney if and when I decided to sue.

The letter right now is a rough draft. It is mainly for me to get my thoughts straight before I do anything. I have already contacted several recommended lawyers today and will hopefully hear from them tomorrow. I'm sure if a lawsuit were filed they would not use my letter anyways.

 

[looney2ns]

Cut out about half (or more!) of the details. They aren't necessary, bore the reader, and muddy the argument.

A play-by-play isn't really necessary. Not for the initial communications. And I would change your initial sentence to indicate that your purpose is to file a complaint, not school them on the law. No need to put them on the defensive before you even get started.

Simply say that you were rudely confronted by a FWPD officer who erroneously lectured you on the legalities of carrying a firearm. Furthermore, he confiscated your firearm (you didn't give it to him, did you?) without probable cause (as you had already provided your LTCH) and that he threatened illegal arrest for the act of "open carrying" a firearm.

If you have a specific request for resolution in mind (an apology from the officer, a review of handgun carry laws for all officers, etc), make it now. Then simply close with an open invitation to meet to discuss further if so desired.

You might ascertain whether a complaint needs to be filed on the appropriate paperwork as well. A personal letter is one thing, but it may not be enough to create/become part of a relevant paper trail.

I'm with mrjarrel on this one. But I'll go a step further and say they knew it wasn't illegal or they would have relished the act of slapping the bracelets on you if they thought they could get away with it. As it isgot to save face by trotting out their authority and condescending to "let you off with a warning."

Simple and to the point.

 

[Dr Dave]

Once they decide to arrest you is the moment you stop talking or answering any questions. At that point my lawyer will answer any questions they have.
If you have remained calm, you cannot be charged for refusing to comply with an imaginary law.

But they could say you didn't comply with a " lawful request" " resisted arrest" etc. and it's your word against theirs
A recording device could protect against that.

 

[thebishopp]

I am absolutely astounded at the level of support I have gotten from you folks! I really had no idea how strongly you all felt about this matter. I guess I didn't realize it until after this happened to me. In hind sight now, I wish he would have arrested me, I wish I would have had a recording device. But that was then and this is now. I will contact a few recommended attorneys to see legally if there is anything that can be done. If I am told that it will be a waste of time and should proceed with a simple complaint letter, than that is what I will do. I am going to do anything that will make a difference. As I have said I will continue to OC and will setup an OC event in Fort Wayne before the year is over. The more I think about the issue the more it irritates me and the more I want to do something about it. This is so not over, not in the least bit. Thanks for the continued support and please don't let this happen to anyone else in the meantime!

You are about 5 or 6 hours away from me but if the weather is good and I can make the time I will be there. Been planning on taking a couple day bike ride somewhere anyway.

 

[SSGSAD]

I agree. Contact the attorney first.

AND, post it HERE, and have some INGO "friends" as witness.....

 

[Titanium_Frost]

The letter right now is a rough draft. It is mainly for me to get my thoughts straight before I do anything. I have already contacted several recommended lawyers today and will hopefully hear from them tomorrow. I'm sure if a lawsuit were filed they would not use my letter anyways.

FYI: if there is a lawsuit, they will use everything they can against you, including every post you have ever made on INGO or any letter or electronic communication made to anyone besides you lawyer.

 

[SSGSAD]

The OC event will happen in the Fort. Like Tina leaving Ike, it was bound to happen. I will start another thread soon discussing the when and where of it.

If it is on a Sat. I will drive up, from Greenfield, to join in the FUN !!!!!

 

[24Carat]

So then, an engine does not need gasoline and air??

Gasoline and air are not energy. Mixed properly and under the right conditions, they will provide energy.

His description is historically accurate.

A motor utilizes and outside source of energy.

 

[T-DOGG]

FYI: if there is a lawsuit, they will use everything they can against you, including every post you have ever made on INGO or any letter or electronic communication made to anyone besides you lawyer.

You do make a good point. The upside is I'm a good boy. I keep it clean man. They wouldn't have anything on me, because there is nothing. They were wrong and I was right. I have nothing to fear at this point.

 

[Mackey]

After sleeping on this overnight I have concluded two things that will occur from here on out. First, there will be either a letter/formal complaint filed with the city or if money allows it legal action through an attorney to address the harassment I received. Second, I will continue to open carry in Fort Wayne because it is legal to do so.
Since reading all of the input from everyone on here and from thinking over the situation I have also decided that I will not handle it the same next time. I will take a stand. Because the bishopp is right, we should stand up for our rights. If and when I am harassed by the police, I will ask for supervisor after supervisor until someone shows up that actually knows the law, if they arrest me so be it. My wife has told me that she stands behind me 100% (she also has a lifetime LTCH) and doesn't like the idea of being harassed for exercising our rights. So yeah, next time will be different. This incident along with all of the support of my fellow INGO'ers has shed a new light on my view of our rights. Thanks to everyone for the support, and bishopp thank you, you have changed my mind sir.

THIS
is rare and I don't think I've EVER seen someone on a board actually consider another person's position instead of simply reacting to it, and admit in a thread to having a change of heart.
While I would support either way of handling it. I am just quite impressed that someone was man enough to actually respond like this. This post should be gold plated and put up as an example.

 

[Hammerhead]

They will use this thread against you.

They will use every post against you.

Anything you say can and will be used against you in a court of law.

 

[CathyInBlue]

They will use this thread against you.

They will use every post against you.

Anything you say can and will be used against you in a court of law.

In all fairness, I feel the need to mention that that last bit is in reference to a criminal proceeding. What T-DOGG's talking about is a civil suit against the city, but will the city try to dredge up these posts and use them against him in that proceeding? Yep.

 

[Titanium_Frost]

You do make a good point. The upside is I'm a good boy. I keep it clean man. They wouldn't have anything on me, because there is nothing. They were wrong and I was right. I have nothing to fear at this point.

Me too, that's why I continue to post even though there are people watching and recording everything I write on here.

Even if you have nothing to hide, it is still a little disconcerting to have things you wrote over a year ago read to you and questioned as to your intent.

 

[Hammerhead]

In all fairness, I feel the need to mention that that last bit is in reference to a criminal proceeding. What T-DOGG's talking about is a civil suit against the city, but will the city try to dredge up these posts and use them against him in that proceeding? Yep.

Paging Mr. Frost. Mr. Frost to the thread.