Any advice?

B

bmo

New member
So I bought a little .380 in late October and sent in an application for my CCW on 11/5, a little over 5 weeks ago. I still haven't received it. For personal reasons I went ahead and started conceal carrying my firearm with me everywhere. Tonight I was out on a late night walk around my neighborhood (in a relatively low crime area on the outskirts of town) and decided to walk along a nearby back road. Well as my luck would have it as I walked over a hill there was a cop car parked on the side of the road 150 or so feet away with his headlights on, facing me. I didn't know it was a cop car at first but decided to turn around anyways because I got a bad feeling. Sure enough a few seconds after I turn around this guy came up and stopped me. He got out, asked how I was doing, I said ok but don't think he heard me over the sound of his engine. He then asked if I had any weapons, at which point I decided to exercise my right to remain silent, and other than saying I don't consent to a search, I did remain silent for the rest of the encounter. Well the guy cuffed and padded me down and found the gun. He called for another female officer who arrived a moment later. She searched me further and found my pepper spray, stun gun, knife and an extended magazine for the pistol; all magazines were loaded and a round in the chamber. The officers continued to ask all sorts of questions and if I had a permit. At this point I didn't think there really was anything I could say to make the situation better and so kept my mouth shut. After going through my wallet and running my name they found I had a clean history but hadn't been issued a valid permit, with apparently no information of my having applied 5 weeks earlier. They ended up confiscating all the weapons and letting me go, saying I could get it all back if I present a valid permit to a court or something along those lines, I don't recall clearly just what he said to do.

The whole reason the cop was there in the first place was because apparently a truck had gone off the road ahead and the driver nowhere to be found. A passerby confirmed it when he mentioned it to the officers.

All I have to say about this episode is, **** my luck. At least they didn't arrest me.

So I'm searching the internet now to figure out what to do to get my gun back. I don't think there's really anything I can do until my permit shows up, but from there I'm clueless. Any advice? I live in southern Indiana.
 
I'm not familiar with your local laws, but how did you buy the gun without a permit?
I think you put yourself in that predicament, you went out there without a license and pressed your luck. Hoping or not hoping to encounter someone, and you're lucky it was an officer and not a criminal. If you were forced to use your firearm on a criminal, the firearm you're not legally able to carry, you would be in deeper doggie poop than you are now. My advice is to just be patient and follow the steps you need to take in order to get your property back.
 
Something isn't right with your story. The cop wouldn't be able to voucher the gun into the property room and tell his supervisor that he gave someone a warning for a Class A misdemeanor offense under Indiana Law IC 35-47-2-1 but took the weapon. That would get the cop some time off or a new career in my part of the country.
 
To me the story gets weird about the time the cop leaves the scene of an accident (that one assumes is still being investigated) to go check a random person walkng down the street. Then there's the question of what was his basis for the stop.

If the story is true, the OP knew it was illegal for him to carry the gun and he carried the gun anyway.

I got nothin'
 
With all the attacks on the 2A recently this, if true, was a BAD idea to begin with. I have a hard time believing this story, especially with the recent shooting in Oregon on all LEO's minds. If true and your permit has not been issued, you will be lucky to get it issued now because of your decision. If you do receive a permit and there's no legal action to deal with; I say chalk the lost gun up to a stupid mistake, let the courts destroy it, and go buy a new one. Next time make sure to read, understand, and follow Indiana state law. Be a better example for the CCW community rather than being the reckless cowboy, looking for a fight, and furthering the anti's cause.
 
I have never made a comment like this before but from what I have read and seen around here the term Troll keeps going through my mind.
In Pa you don't need a permit to by a gun or open carry. Just has been my experience on this site that people are very protective of their right to CC. Anyone else would never risk forfeiting the possibility of getting their Concealed Carry Permit by being impatient and carrying before they receive it. With the way the OP acted maybe there are things in his past that made him think it is never coming. Pepper spray, gun w/extended magazine, knife and stun gun! The only thing missing is the Reynolds Wrap Beanie! Whoever is buying this I have a historical solid gold Falcon to sell them. Only to the truly deserving though.:lol:
 
CapGun said:
I have never made a comment like this before but from what I have read and seen around here the term Troll keeps going through my mind.
In Pa you don't need a permit to by a gun or open carry. Just has been my experience on this site that people are very protective of their right to CC. Anyone else would never risk forfeiting the possibility of getting their Concealed Carry Permit by being impatient and carrying before they receive it. With the way the OP acted maybe there are things in his past that made him think it is never coming. Pepper spray, gun w/extended magazine, knife and stun gun! The only thing missing is the Reynolds Wrap Beanie! Whoever is buying this I have a historical solid gold Falcon to sell them. Only to the truly deserving though.:lol:
Click to expand...

I thought the same thing
Thus the generic response above ;)
 
rogzballz said:
I'm not familiar with your local laws, but how did you buy the gun without a permit?
Click to expand...
MOST states DON'T require one. Ohio certainly doesn't.

Don't assume that every state has the same repressive laws as MA. It's like an Iranian woman wondering how a woman in San Francisco can get away with not wearing a hijab.
 
It all comes down to if a court finds that there was enough reasonable suspicion of a crime being committed whether or not a detainment without consent was justified. If no detainment without consent was justified, then no frisk is justified, and the illegally concealed firearm could not be entered as evidence. That being said, IF the incident happened as the OP described, it would appear as if he consented to everything that happened, which means he has no case.

Stand in front of the mirror and practice this over and over until you get it right, "Are you detaining me?" If those words are too complicated, then practice, "Am I free to go?" In a situation like the OP's (whether or not it actually happened) those should be the very first words out of anyone's mouth.

I don't see why we can't have a discussion with a little value to it, whether or not the OP is a troll with a passion for writing ficticious material.
 
Treo said:
To me the story gets weird about the time the cop leaves the scene of an accident (that one assumes is still being investigated) to go check a random person walkng down the street. Then there's the question of what was his basis for the stop.

If the story is true, the OP knew it was illegal for him to carry the gun and he carried the gun anyway.

I got nothin'
Click to expand...

I think your HE is a SHE. Why else would the cop call for a female officer to do a more thorough search?

Sent from my SPH-L710 using Tapatalk 2
 
NavyLCDR said:
Stand in front of the mirror and practice this over and over until you get it right, "Are you detaining me?" If those words are too complicated, then practice, "Am I free to go?" In a situation like the OP's (whether or not it actually happened) those should be the very first words out of anyone's mouth
Click to expand...

Actually the first words out of your mouth should be a very clear "I do not consent to this interaction." there's no possible way they can call it a consenual stop after that.

The next words out of your mouth should be "Am I free to go" if the officer says "Yes" turn around and walk away do not say another word.

If the officer says anything but "yes" then next (and last words) out of your mouth should be "I'd like to exercise my right to remain silent." do not say another word.
 
After rereading the OP, I think that the cops may have been jealous that the OP had more gear than they had. The only thing the OP wasn't carrying was a poisonous snake in a glass jar to use a a throwing weapon....
 
Yup, yup, yup. Something a little rotten in Denmark?

If true, I apologize ~ maybe I'm getting a little gun shy on some of these posts?
 
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