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Ask A Cops June 28, 2010

Posted by southbendpolice in Ask A Cop.
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Q: I have a License to carry handgun permit and I do carry quite often. Many people have stated to me that open carry is illegal and all handguns must be registered. I have found no evidence of these things online and while asking questions to local firearms dealers who either state they “cannot interpret the law for me,” or they tell me, “Indiana is mute and has no law on the subject of open carry thus making it legal.” And I’ve been told Indiana does not require registration and it’s actually illegal to register a handgun in Indiana. It seems I do know the answer here but can you back it up for me? Open carry is not illegal and firearms need not be registered? Thank you.

A: You are correct. Indiana laws do not require “registration” of firearms owned by an individual. A weapons carry permit is required to possess weapons outside an individual’s residence, and IN law does not prohibit “open carry” of weapons by statue, however, common sense and discretion of weapons carrying is strongly recommended for everyone’s safety.

Q: My street has no curb and people are parking on the grass down the street from our front door. Is this okay, or should they stop? I understand the the business nearby has limited parking area, but we have been trying to get our yard to look nice.

A: There is no specific reference I could find by city code, but Indiana Code on parking states: ” a vehicle stopped or parked upon a roadway where there is an adjacent curb must be stopped or parked with the right-hand wheels of the vehicle parallel with and within twelve (12) inches of the right-hand curb.” Where there is no actual curb, a general guideline should be to use the road edge/grass line as the “curb line”. If parking is coming from employees of the business you mention, I would suggest speaking to the management to help alleviate the issue.

NOTE: I initially was not going to publish this following question, however upon further thought I feel it is important for others who may be in this situation to receive the answer to the question.
Q: I filed a complaint against my husband for slapping me. I don’t want it to go to the prosecutors office because he is an amazing father and I feel like I pushed his buttons this morning. How do I stop the report from going anywhere?

A: As a victim you do have the right to not choose to seek prosecution of your suspect husband. I would advise to speak to victim counselors from our Family Violence Unit or from the YWCa before making this kind of a decision, to fully understand your rights, the cycle of domestic abuse, and for safety reasons for you and your family as a whole, so you can make an informed decision and understand repercussions first. In many cases, if charges are filed, this may not result in incarceration, but certainly would benefit the abuser to be able to get court ordered counseling. Even if you are separated , “dropping your case” changes nothing and a next victim could be harmed more seriously or even killed. Think: if the abuser gets no help how will he get over his tendencies towards violence? Also please see our domestic violence information in detail here.

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Comments

1. Scott Ruszkowski - July 1, 2010

Let’s see… I served 6 years in the military and so far 22 years as an officer…Now I believe my credentials are established…
I have personally been involved in burying 68 police officers killed in the line of duty, most were shot. Of the nearly 20,000 officers killed to date, most were killed by gunfire.
Their assailants; had permits, didn’t have permits, concealed their weapon or didn’t conceal their weapon. Point is: every officer has at least 1 family member and would like to see them the next day.
Contrary to popular belief, our job isn’t to react, it is to act. The problem is that society has nippled the majority of people in to thinking they know what police should be doing.
Does anyone ever question doctors? They “kill” over a quarter-million people a year, and theirs is a “practice”… We kill very, very few yet we are almost daily headlines. Hardly anyone ever tells the “practicing” doctors what scalpel to use but quick as a whip there’s 8 out of 10 people stating what the police should/shouldn’t do or have done.
And the sick part? We actually change our way of business because people who have never done this job say we should. What other profession on earth does that???
My opinion, officer or “off-duty” (sarcasm inserted); you carry your weapon legally and however you want; if you (generalizing) step out of bounds, I hope and pray that I (and my brother/sister officers) am/are 1/2 second better than you (again generalizing)…


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