Indiana Supreme Court: 2nd Amendment Rights Protected by 4th Amendment

[RamRoddoc]

Interesting...

http://www.breitbart.com/big-govern...2nd-amendment-rights-protected-4th-amendment/

The court added, “Assuming without deciding the tip from the taxicab driver was reliable, the threshold question is whether the mere allegation that Pinner possessed a handgun—without more—is sufficient to establish that Pinner ‘[wa]s, or [wa]s about to be, engaged in criminal activity.'” The court then ruled that the mere possession of a handgun was not sufficient to establish that Pinner was “engaged in criminal activity.”

 

[MRH]

When the laws are interpreted as they were intended, without bias, the amendments protect each other.

 

[Thomas S]

I'm from Indiana, here is an article written by a local attorney in my old county.

http://www.wibc.com/blogs/gun-guy/gun-guy-police-may-not-detain-armed-hoosiers-check-handgun-license

It had always bothered me, the way Indiana treated open carriers. Here in Georgia, it is written in the state statute that officers cannot detain an individual for the sole purpose of checking if they have a GWL. In Indiana, the way the law is written, carrying a handgun is a crime. If you read the exceptions to that crime, being licensed is listed (among others, such as being on your own property). As a result, the police were able to stop anyone that open carried, to check if they were licensed. The crime they were being investigated for, was carrying a handgun without a license. However, once that LTCH was produced, no further questioning was to happen. For example, you did not have to prove the license valid (by providing your drivers' license, etc). In IN, the LTCH was just a pink piece of printer paper, no picture, it wasn't a card, no lamination, just pink printer paper, so the LEOs frequently demanded you provide a DL in addition to the LTCH to avoid having to call in the LTCH number over the radio to check if it was valid. However, you do not have to comply. I am glad the way this case turned out, it has been this way for many years, and this was a step in the right direction.

 

[RamRoddoc]

I'm from Indiana, here is an article written by a local attorney in my old county.

http://www.wibc.com/blogs/gun-guy/gun-guy-police-may-not-detain-armed-hoosiers-check-handgun-license

It had always bothered me, the way Indiana treated open carriers. Here in Georgia, it is written in the state statute that officers cannot detain an individual for the sole purpose of checking if they have a GWL. In Indiana, the way the law is written, carrying a handgun is a crime. If you read the exceptions to that crime, being licensed is listed (among others, such as being on your own property). As a result, the police were able to stop anyone that open carried, to check if they were licensed. The crime they were being investigated for, was carrying a handgun without a license. However, once that LTCH was produced, no further questioning was to happen. For example, you did not have to prove the license valid (by providing your drivers' license, etc). In IN, the LTCH was just a pink piece of printer paper, no picture, it wasn't a card, no lamination, just pink printer paper, so the LEOs frequently demanded you provide a DL in addition to the LTCH to avoid having to call in the LTCH number over the radio to check if it was valid. However, you do not have to comply. I am glad the way this case turned out, it has been this way for many years, and this was a step in the right direction.

Thank you for the clarification.