did I go about this correctly
 

I got pulled over today by a indiana trooper . Not really a reason just I was doing 50 in a 30 :biggrin: OPPS, first thought was dam there went my clean record :rant:
Second thought as I pulled my wallet out is ohh my glock is not on my belt, (it was on the back seat) I had been told a gun at a car lot was a no no so set it on the seat covered it and locked it up.
The cop walks up asked for license and registration(did not have it) I handed him my license and went ahead and pulled and handed him my nice pink liceanse to carry, he nicely and calmly asked if I was carrying and where my gun was, I said yes sir my gun is on my back seat loaded, he said ok handed my permit back and went to the cop car. :popcorn:
I was figuring for a please step out with your hands were I can see them, nope he came back handed me my license and said PLEASE slow down and have a good day :confused::confused:
:lolabove:
No ticket, no is your gun legal, just have a good day.
Odd with 20 ovrr I am sure he could have cost me 150+ and then a jump in my insurance
I told my dad I was going to buy a lotto ticket.

SO did I handle it right, or should I have said not to alarm you but I am carrying a handgun.

When I got home a local cop came to our house cause I left my keys in the door and the neigbor called, and we got talking and I asked him, he said I did ok, normally they like it when you say not to alarm you but I am carrying a handgun, where some folks just say I have a gun :biggrin:

DOes anyone know if indiana says you must tell them, do or would you if it was not the law

I would say you did right. But again, if you were legally carrying there really isn't a need to let him know. Hell, he was carrying and didn't tell you did he?
The fact of the matter is that you may not have been legal with the pistol on the seat and not on your person. But you were polite and offered no resistance or argument and that means a lot.
A few years ago I blew by a trooper faster then I should have and when I looked at him he nodded. When I looked in my rearview he pulled out and was coming my way. I didn't even wait for his lights to come on and pulled over. He thanked me for not having to chase me as I handed him my license, reg, and proof of ins. He went to his cruiser and came back, handed me my papers and a warning and I was back on my way to a pheasant hunt.

Don't ask, don't tell.

In your case, with the gun on your back seat covered up instead of concealed in a holster on your body I think you did the right thing.

With that said what the heck does a car lot have to do with carrying concealed?

I don't know about Indiana but Florida does not require you to inform the officer. If I am carrying, I always am, I do not volunteer the information of that fact unless they ask. If they see my CWP and ask if I am carrying then I will tell them "of course".

This actually depends on the state. Some states require you to notify the officer, others don't, but you must present your permit if asked.

Since you're moving to Florida I'll chime in. In Florida you're required to hand the officer your conceiled weapons permit with your other credentials when you have a gun with you. You did it right.

I knew some states required it my understanding was indiana did not, but better safe then sorry. Thanks big bulls it saved me a pm to ask you about florida.
As for the car lot I was torn, A friend who owns alot and who I bought a car from told me one day while we decisioned guns that a lot owner or employee was banned to carry a firearm on a lot or in the building, he said his understanding was no one could. SO I opted to remove it, lock our truck and go in. More so for the fact we were climping in and out of the trucks, I did not know the people there(all of which at this point I think would not have cared, and I did not want to alarm them since it was OC(legal here)
Still working out everything on carrying, I almost asked the owner, but think next time I will just carry and let them ask me to leave if they feel the need. The reason I left it back there when we left was we were heading up to a bank to get a check for the truck we bought. Can you go in a bank with a gun even with your permit?

My understanding is there is nothing in Indiana's law that say it can not be in your vehicle

Here in NC we were told in CC class to roll down the window, hand him your license and CC permit, put your hands on the wheel and state that I have a permit to carry and I have it... wherever you have it...

I've always done this with no problem...Funny thing is, just as you found out, with a CC you usually breeze right through license checks, etc...

These guys know "the good guys" are the ones that were given a permit to carry...Remember, you have been finger printed and passed an FBI background check...If you had a pimple on your record, they wouldn't have given you the permit...

That will get your permit revoked...

Do not go in a bank carrying...Don't even think about going into a public school or to a ball game or a bar...Also remember there is 0% tolerance for alcohol in your system...If you are going to drink, let the wife drive and lock the pistol in the trunk or take her car...

Also, don't let anyone else drive your car with that pistol concealed, they would be in violation...

Nope... :wink:

That's strange because one of the top reasons to get a permit here is if your a business owner doing bank runs...

Nothing against the law about schools either, not a good idea but not against the law. Same with stores that have a no gun policy, its their policy but not against the law.

You can carry in a bank in Colorado but not public schools.

You can also drink a beer while you are carrying but you cannot be intoxicated. However, I think you would be a fool to drink while you are carrying. That would be just asking for trouble.

I got pulled over for speeding in a school zone. I firmly believe my concealed carry permit is why the officer gave me just a warning. He knew I was a good dude because bad dudes don't pass an intense FBI and CBI background check.

This may be true of NC but not all of it is in Florida and many other states. Other than schools (Greg Evers is currently working on changing that in Florida for college campuses), actual bars, or ball games......
*You can legally carry in banks.
*You can legally carry while intoxicated.
*You can legally carry a firearm loaded and chambered in your glove compartment in Florida with out a concealed permit at all.
*You must leave the gun locked in your vehicle if you enter school property.
*Florida has no requirement to inform the officer that you are carrying unless they ask.

depends on your state as far as I know indiana does not have a duty to inform law so it would get you nothing but maybe a upset officer

I might be wrong but I'm not buying this one. Unless it some in the home law.

Buy it or not it is what it is in Florida.

CLD, I have read many many many times over and make absolutely sure I understand the statutes that apply to CC and lethal defense in Florida. I make it a point to know exactly what my rights are concerning CC in Florida.


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790.151Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.—
(1)As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
(2)For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s hand.
(3)It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(4)Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5)This section does not apply to persons exercising lawful self-defense or defense of one’s property.


790.157Presumption of impairment; testing methods.—
(1)It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(2)Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while using a firearm while under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties were impaired or to the extent that the person was deprived of full possession of his or her normal faculties, the results of any test administered in accordance with s. 790.153 or s. 790.155 and this section shall be admissible into evidence when otherwise admissible, and the amount of alcohol in the person’s blood at the time alleged, as shown by chemical analysis of the person’s blood or chemical or physical analysis of the person’s breath, shall give rise to the following presumptions:
(a)If there was at that time 0.05 percent or less by weight of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(b)If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person’s blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(c)If there was at that time 0.10 percent or more by weight of alcohol in the person’s blood, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
The percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood. The foregoing provisions of this subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(3)A chemical analysis of a person’s blood to determine its alcoholic content or a chemical or physical analysis of a person’s breath, in order to be considered valid under the provisions of this section, must have been performed substantially in accordance with methods approved by the Florida Department of Law Enforcement and by an individual possessing a valid permit issued by the department for this purpose. Any insubstantial differences between approved techniques and actual testing procedures in an individual case shall not render the test or test results invalid. The Florida Department of Law Enforcement may approve satisfactory techniques or methods, ascertain the qualification and competence of individuals to conduct such analyses, and issue permits which shall be subject to termination or revocation in accordance with rules adopted by the department.
(4)Any person charged with using a firearm while under the influence of alcoholic beverages or controlled substances to the extent that his or her normal faculties were impaired, whether in a municipality or not, shall be entitled to trial by jury according to the Florida Rules of Criminal Procedure


I read it but I'm not sure I understand it like you do. I'll read it again in the morning.

(1)It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.


When I read this, it's sounds like you cannot carry under the influence. I'd bet a dollar to a doughnut hole that if you were visibly impaired and a LEO knew you were carrying, you'd have a big problem.

It sounds like from reading the rest of it, that if you were under the influence and were forced to protect yourself, they would not prosecute you for doing so. But if they caught you carrying while intoxicated you'd be in trouble. From reading it, I can see the point that you are making.

The only time I carry when I'm drinking alcohol, is in elk camp and at the house. Bad guys or bears don't give a rats behind if your drinking or not! LMAO!!

Simply carrying a firearm on your person for self defense while intoxicated is perfectly legal.

It is not legal to actually have in your hand a loaded firearm or to actually discharge a firearm while intoxicated unless you are justified in defense of yourself or another person..... and then you have to have a .10 BAC or higher to be legally intoxicated to the extent that your normal faculties were impaired. Well over the legal limit for driving a vehicle.

I see a issue wiht drinking and carrying the same as driving. Lets say you go to the bar with your buddy or a strip club and I will use a personal experience for this one. In nov I went to indy and hit a local strip club by my self, I got a bud light when I went in, and did not drink a second, I was there a good two hours and drove 2 hours home, in the middle of the night, the bartender asked if I wanted another, I said no I had to drive, she said don't hear that much. This is why I have a good clean driving record. I think if I was carrying and went out side and got robbed, happens at this club and shot someone it would not be good to have alcohol in my system. Not so much as I was carrying but I had shot someone and the judge and or lawyers would say I am impaired and I feel I could be looking down the barrel of a manslaughter charge.

I'm not trying to start an argument Bigbulls but I think you are not reading it properly. I hope you are not practicing what you think you are reading. If so, I hope you never have to use your firearm while you are intoxicated. I think you would be in more of a picle than you think but I have been wrong before and I'll be wrong again. LOL

In your scenario you would have been carrying inside a bar and a "place of nuisance" (as defined by Florida statutes) by being in a strip club, and you would have been breaking the law to begin with and would be subject to arrest long before you shot someone.


Second, regardless of how you may feel about it, in Florida you still have the right to defend your life with lethal force even when you have had a few beers or glasses of wine at a restaurant while you were out on "date night" with your wife.


How am I reading it wrong? It's right there in black and white. It can't get any more easy to understand. And no, I hardly drink at all anyway. But if I want to have a beer when my wife and I go out to dinner it's nice to know I am not going to be breaking any laws by being armed.

If it's in a holster it is not in your hand. If it is in a holster you are not using it as defined by the statute. And you still have the right to use it in lawful self defense.

I also posted the requirements for being intoxicated to the extent that normal faculties are impaired and you are not legally considered inpaired until your BAC is .10 or higher.

Any ways, It's right there in black and white. You can interpret it how you wish.

I think you make a good point, just because it says under the influence of something does not mean that first drink, you must look up what it means by under the influence, which in most takes is .08-.10, this would allow the one or two drinks with dinner or such, like driving, you must make sure you give enough time between the last drink and your leaving, I was offered a beer the other day and opted not to take it, I was leaving in 10 minutes and did not have dinner in me yet, I figured a beer and 10 minutes would leave me open to a dui, plus I was carrying which would have been another issue if I was over the limit. Nice to know if I go down to say islamarda for dinner and drink a daiquiri I will be ok

I've almost always had a gun in my car, usually just a .22 pistol, or a .17 HMR revolver for cleaning up coyotes around the farm should one present itself. I've had two instances where I was "caught" with a gun in my car. Both were before we passed CCW in Kansas.

The first time I was only 17, I had a Ruger Mark II pistol loaded with one in the pipe sitting on my dash. It set nicely in the molded dash tray, so that's just where I left it all the time. I always kept it locked and loaded in case I'd spot a coyote. It never even crossed my mind when I saw the red lights in my rear view. I quickly dug through my glove box looking for my current registration. As soon as the officer walked up, I offered my license and reg, but the officer spotted the stainless pistol right away. He smirked and asked me if I had any weapons in the car, blatantly leaning to look at the pistol, and I said, "oh #$@!, yes, I always keep that pistol up there for coyotes". I assumed I was about to have a gun drawn on me, or at least have some big to do where he'd have to secure the weapon, etc. However, the officer just asked me to step out of the vehicle for his safety. He had me stand in the ditch beside our cars as he ran my info. Once I checked out, he gave me a verbal warning and sent me on my way. Never even touched the pistol, never said anything else about it.

The second time was a few years later, I had the same pistol in my glove box. The magazine was in a cubby in the dash. I didn't even think about the pistol being in the glovebox, along with about 3 or 4 other written warnings for speeding. Again, the officer quickly spotted the pistol as I reached for my registration. He quickly stopped me and asked if it was loaded, I said no, and pointed out that he mag was in the cubby on the dash, and he could clearly see the mag well was empty. He instructed me to set it on the dash, and we went on with the traffic stop. He ran my license and reg and came back and gave me another written warning, and even joked that I could add it to the "collection" of others I already had in the glove box. Never said anything else about the pistol.

I was pulled over in Oklahoma once in college and when the officer asked if I had any guns in the car, I answered honestly and said I had a pistol (same Ruger Mark II) in the glovebox. He pointed out a pistol bag I had on the rear floorboard and asked if that was another one, but it was empty. He said to comply with OK law, I really needed to take the pistol out of the glove box and put it in the pistol bag in the back seat... It SHOULD be locked, but zipped up was close enough.

On the other hand, I was pulled over AGAIN in OK a few months later for crossing the center-line (eating an icecream cone while driving), but DIDN'T have the pistol on board, but when the officer spotted the magazine in the dash tray, he instructed me out of the car and I spent 3hrs handcuffed to his grill-guard while him and 3 other officers searched my vehicle for drugs and guns. Of course they didn't find anything and eventually they let me off without even a ticket.

I personally wouldn't have OFFERED any information about the gun or your permit. The point of the CCW program is to keep the weapons CONCEALED. Officers are trained to approach EVERY stop as if the driver is an agitated tweaker with an AK-47 and a deathwish, and they are fully aware that they work in a CCW state, so they'll be pretty non-chalant about someone legally carrying.

Just to throw my 2 cents in on the florida "drunk carry" laws... A few friends and I were in Kissimmee, FL for a little R&R a few yrs ago, 08 or 09 maybe?, and had a few drinks at Hooters. One of my friends passed out in the bar/restaurant/family dining facility, so we were carrying him back to the car. A cop rolled up on us just to check us out, naturally he was all to eager to give us a hard time since we were out of staters. The officer asked him and I to take breath alcohol tests, my friend was over, and I hadn't been drinking, so I blew nothing. Our passed out friend was barely lucid, but obviously was intoxicated. They were ALMOST TO LET US GO, agreeing that ONLY I would drive, but my friend, a CCW holder, got a little obstinant. Then when the officer asked him if he had any weapons on him, he answered honestly, and said yes, and pointed out that he had a permit. They talked him over for a minute or two, telling him it's illegal to carry in a bar, but he argued that hooter's isn't a bar, it's a restaurant, and they didn't have a "no-guns" placard in the window, and he got louder and louder...

I really wasn't sure why they were talking him up so much, but finally, one of the officers asked him to take out his weapon so they could see it, before I could holler at him to ignore the request, he reached for his pistol, and they threw him on the ground and cuffed him up.

According to his lawyer, Hooter's didn't count as a bar since kids could dine there, and he was legal to have been drunk and CARRYING, but when he handled the weapon, that's when the rule bit him in the butt. The officers also argued that the "defendant" had become agitated and suddenly drew the weapon, which was BS, but they still cooked up a solid resisting arrest charge. Needless to say, his license has since been revoked.

So the moral of the story, if you carry, know the laws wherever you are, and as always, if you're drunk, don't even TOUCH a gun, whether it's already on your hip or not!

Yep, if he had said he wasn't going to touch the weapon and that the officer could unholster the weapon if he would like he would have been just fine. As soon as he toughed the weapon he broke the law. Those officers knew exactly what they were doing and exactly what he was going to do and he fell for it.

If you are carrying KNOW THE LAWS and don't fall for the tricks like this guy did.

had that happen in ky, I went shooting when I was 19, in ky you must be 21 to carry a handgun, I took the ar but left the handgun( the only time), I did my shooting and since the barrel was hot I leaned it against the back seat of my four door car and headed down the road to cut fire wood(legal in nat forest but I guess you need a permit(did not have one) a officer stopped behind me asked if I was alone why I was cutting it, I said I was cutting up some fallen trees for firewood, mainly camp fire and such. He checked my liceanse and said I could load what I had cut and cut the remaining tree I was cutting on and to then go get a permit, When he pulled off and stopped up the road I noticed why the ar was in the window :popcorn:.
So you have a 19 year old from indiana in ky cutting firewood with an assualt weapon in the window :lmao:, plus it was pot growing heaven. He got out walked back to me with his gun unclipped but holstered with his hand on it. He asked me if the rifle was loaded, I said no but there was 500 rounds in the car and 6 30 round mags loaed beside it :evil::popcorn::patriot:

He asked if it was full auto, I said no that would be illegal, he then asked if I was carrying I said no I ant 21, He said if he had permission to check it out, I said sure would your like to get it or would you like me to, he opted to retrieve it, As he checked it for full auto fire and or changes not legal he ran it through, this is where it hit me I had bought it from the gun smith for the indianapolis swat team and it was still under their name, he turned to me and said do you know who this gun comes up to, I said I would guess the indy swat team :lmao::biggrin:He laughed said well that is a new one for me. and that was the end of it. He did say for future reference not to cut fire wood with a ar15 in my car window. I offered to follow him to the range and let him "test' it but he was busy

You need to know what your state and any other state you're legal to carry with CCW permit laws say you must do. In MN if a CCW permit holder is carrying and are stopped by a LEO, they MUST tell them they are carrying and where it is. Don't reach for it to show him/her. (I would always keep my hands on the wheel in plain sight regardless, especially if carrying CW.) Wait for the officier to give you instructions. Have a nice day.