The Open Carry Shotgun Thread

[Episcopus]

Originally Posted by Steelman

A person who recklessly, knowingly, or intentionally:
(1) engages in fighting or in tumultuous conduct;
(2) makes unreasonable noise and continues to do so after being asked to stop; or
(3) disrupts a lawful assembly of persons;
commits disorderly conduct. . . [1]

A prosecutor could argue that some one with a loaded rifle disrupts the lawful assembly of people in Castleton Square Mall. Being unsure of your intent with a loaded rifle, shopper's would flee the mall and miss out on 10% off at Old Navy.


Not the end of the world, but I'd bet you'd get a ride in a Crown Vic.

You're right, the argument could be made. Prosecutors can argue anything they want. I think there would have to be some other sort of disruptive conduct, other than passively existing. I would think you would have to take some sort of positive action, but who knows. However, a conviction can't stand where you are engaging in Constitutionally protected actions. Article 1, section 32 of the Indiana Consitution says that you have the right to bear arms. Though the right is not absolute, there are no restrictions on long guns anywhere in the law. If you are doing nothing more than carrying a long gun, you will not be convicted of anything. You may get arrested. It happens. If it happened to you, I would suggest speaking to a lawyer about suing the police for civil rights violations.

[Steelman]

Originally Posted by Episcopus

You're right, the argument could be made. Prosecutors can argue anything they want. I think there would have to be some other sort of disruptive conduct, other than passively existing. I would think you would have to take some sort of positive action, but who knows. However, a conviction can't stand where you are engaging in Constitutionally protected actions. Article 1, section 32 of the Indiana Consitution says that you have the right to bear arms. Though the right is not absolute, there are no restrictions on long guns anywhere in the law. If you are doing nothing more than carrying a long gun, you will not be convicted of anything. You may get arrested. It happens. If it happened to you, I would suggest speaking to a lawyer about suing the police for civil rights violations.

Heller would provide an excellent platform, but would not be an immediate dismissal.

[Scutter01]

Originally Posted by Episcopus

If it happened to you, I would suggest speaking to a lawyer about suing the police for civil rights violations.

And don't forget to sponsor the board when you get paid!

[Episcopus]

I forgot to add that your argument that people might freak out and run for cover, thus opening you up to disorderly conduct charges is the same argument made by some against open carry of handguns. It hasn't happened with handguns, and when calls are made to the police about a man with a gun, they see that there is no threat and allow everyone to go on their way. Why would a long gun be any different. At least with a handgun, you could be acting illegally, if you didn't have a permit.

And Heller really wouldn't have any bearing on our State because we already have no restrictions, other than those which will undoubtedly be deemed "Reasonable" in future cases (license requirement). The term is explicitly in our own State Constitution. " Section 32. The people shall have a right to bear arms, for the defense of themselves and the State."

[epsylum]

Originally Posted by Steelman

How LE views the situation is important, because well, they decide if you go to jail.

...and if they arrest you on a BS non-existant law, you get to sue the hell out of them.

[techres]

Steelman, if you do not want to keep a shotgun/AR in your car loaded/unloaded, then don't.

If you do, then ask whomever you will listen to as authoritative.

But in the end, if it is too uncomfortable for you, then just keep/get your LTCH and be happy with it.

Personally, I have repeatedly considered a trunk gun. Why? For when I travel to handgun unfriendly states and want to have something in the trunk in case I need something.

One of the folding kel-tec rifles would be great.

[rhino]

For what it's worth, I frequently have an AR in the cab of my truck with a full magazine inserted.

Anyone else? I suspect a loaded 12ga is more common.

[Steelman]

Originally Posted by techres

Steelman, if you do not want to keep a shotgun/AR in your car loaded/unloaded, then don't.

If you do, then ask whomever you will listen to as authoritative.

But in the end, if it is too uncomfortable for you, then just keep/get your LTCH and be happy with it.

Personally, I have repeatedly considered a trunk gun. Why? For when I travel to handgun unfriendly states and want to have something in the trunk in case I need something.

One of the folding kel-tec rifles would be great.

The trunk is not a readily accessible area of the vehicle. I place an assortment of rifles and shotguns in my trunk unloaded and in a case.



Looking for the correct answer to the question, that's all.

[Steelman]

Originally Posted by rhino

For what it's worth, I frequently have an AR in the cab of my truck with a full magazine inserted.

Anyone else? I suspect a loaded 12ga is more common.

Any experience with a traffic stop?

[cordex]

Originally Posted by Steelman

Looking for the correct answer to the question, that's all.

Correct answer to what?
It has always been my understanding (and like others, I'm curious about it so I've researched it) that there is no law specifically restricting the toting of a rifle (loaded or no) in public. You have even admitted that too, didn't you?

Originally Posted by Steelman

I am willing to concede the point that there is no ACTUAL law in Indiana.

So what is the question that you are looking for the answer to?

Is the question: Are you able to carry a loaded firearm in public in all circumstances and in all places and be entirely safe from being hassled? The answer is, of course, no.