Indiana Handgun Law
Jeff1367
May 29, 2008, 01:51 PM
I am from Illinois but I like to shoot at a public range in Indiana. Last time I was there, the DNR officer that was supervising told me that a new law had been passed in Indiana that required you to have an Indiana CCW to have a handgun in your possession. He told me that having the gun in a case in the trunk of my car and at the range was now illegal and that I could shoot for the day but if I was stopped on my way home I would be in trouble. I came here to ask you guys if there was any truth to this. I could not find anything searching the forums and asked everyone I knew that might have some idea and no one seems to know anything about this law. One person did tell me that one of the DNR officers that works that range didn't like Illinois folks shooting there...
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wdlsguy
May 29, 2008, 02:12 PM
Get a nonresident license to carry firearms from Centre County, PA (http://www.co.centre.pa.us/sheriff/license_application.asp). $26 for 5 years. A PA LTCF is valid in Indiana:
IC 35-47-2-21
Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
Sec. 21. (a) Retail dealers' licenses issued by other states or foreign countries will not be recognized in Indiana except for sales at wholesale.
(b) Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.
As added by P.L.311-1983, SEC.32.
http://www.in.gov/legislative/ic/code/title35/ar47/ch2.html
El Tejon
May 29, 2008, 02:15 PM
new law had been passed in Indiana that required you to have an Indiana CCW to have a handgun in your possession
1. No new law.
2. No such thing as an Indiana CCW. We have a LTCH, but recognize all states.
3. No license for possession is necessary for possession, however it is necessary for transport.
TheGrouch
May 29, 2008, 02:26 PM
He told me that having the gun in a case in the trunk of my car and at the range was now illegal and that I could shoot for the day but if I was stopped on my way home I would be in trouble. I came here to ask you guys if there was any truth to this.
Not a new law. Has been this way for many, many decades.
No peaceable journey laws?
I'm moving back to Indy this weekend after an extended visit to IL. My permit expired in 9/2007 and now I'm a little worried. Can't wait to renew the permit though.
El Tejon
May 29, 2008, 02:58 PM
No peaceable journey laws?
:confused: Is this a Tejas law or something? Kirk's First Law of the Internet?
HoosierQ
May 29, 2008, 03:02 PM
Indiana does indeed require a permit for possessing a handgun pretty much anywhere off of your property. Indiana doesn't make the distinctions that many states make for concealed carry, open carry, etc. In Indiana, it is a handgun license and is required for all persons.
Now the good news.
There is both a target shooting and personal defense version...personal defense being $40 instead of I think $25.
The license covers any handgun(s) you lawfully possess...the person is licensed not the firearm.
In your car, concealed, shoulder holster...doesn't matter how you carry. We do have a "brandishing a firearm" law here that makes threatening displays illegal. Of course pointing a loaded gun at somebody here is assault not brandishing.
The license is good everywhere in Indiana (except, you know, airports, court rooms, etc) and has reciprocity in many other states...IL not one of them.
For a new license holder, $120 gets you a lifetime license...$100 for current holder.
As a citizen of Indiana, you have a right to carry a handgun, period. You need only obtain a license to do so. The burden is on the state to prove you have lost that right by committing a felony, DUI, domestic violence, protective order, or you're legally just plain nuts.
damien
May 29, 2008, 03:06 PM
Weird. I had a friend in Indiana and traveled from Illinois to see her once in a while and brought a handgun so we could shoot. She likes shooting. Never thought it was a problem. The range in Valparaiso (Blythe's) never mentioned it. She has since moved to Texas. Good for her, bad for me. :(
HoosierQ
May 29, 2008, 03:13 PM
Indiana is very firearm friendly state. I have never been asked to show my permit at any range. It does not surprise me that you had your handgun here often without incident...I would expect that to be the norm. Folks here are familiar with firearms of all types and the police here, unlike so many other places, grew up with guns just like the rest of us. I would expect most would care very little one way or another unless you did something wrong and then chose to "pile on".
If you are a law abiding gun owner, you will have very little trouble in the State of Indiana. But get the permit anyway. We are reasonably careful who we give them to and yet take pains to preserve the rights of the lawful. The only down side is you're going to wait about 7-8 weeks to get one after you file. We may be 2nd Amendment friendly but we are not particularly well-staffed.
El Tejon
May 29, 2008, 03:17 PM
This provision of Indiana's carry statute is rarely enforced. In fact, I have had police tell me that "all you need to do is put it in the trunk when you go to the range."
*buzzer sounds* No, you need to get the license.
"Well, if I put the pistol on my dog then that way . . ." No, get the license.
"Well, no one here, I've lived here all my life and the law says . . ." No, get the license.
"Well, my third cousin's husband is the Town Marshal in Gnawbone and he says . . ." No, get the license.
I am amazed at the convultions people will go through to avoid paying $25. Get the license before I start frothing at the mouth and rolling on the floor.
wdlsguy
May 29, 2008, 03:27 PM
By the way, an Illinois resident can carry in the following states on a Pennsylvania LTCF: PA, AK*, AR, AZ, GA, ID, IN, KY, LA, MO, MS, MT, NC, ND, OK, SD, TN, TX, UT, VA, VT*, WY.
http://www.handgunlaw.us/documents/USReciprocity.pdf
Jeff1367
May 29, 2008, 06:59 PM
Thanks for clearing that up for me guys.
Neo-Luddite
May 30, 2008, 12:01 PM
Get a PA CCW from Centre Co.
Yes, it's good in Indiana.
It is a BREEZE to get if you live in IL or Wis.---just paperwork and a payment.
http://www.co.centre.pa.us/sheriff/license_application.asp
Five of Clubs
June 7, 2008, 10:48 AM
I want to revive this old thread just so I can be perfectly clear. I live in KY, have a CCW, but shoot in IN almost exclusively. I shoot at a members only club, so there are no range officers and nobody has ever said anything to me about transport. My question is this: Since I have a KY CCW, and IN recognizes it, am I legally clear to transport however I please? (I usually have a loaded pistol on my person and a couple more unloaded in the trunk). Thanks in advance for the response, I love this site.
El Tejon
June 7, 2008, 11:14 AM
Since I have a KY CCW, and IN recognizes it, am I legally clear to transport however I please? (I usually have a loaded pistol on my person and a couple more unloaded in the trunk).
IC 35-47-2-21
Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
Sec. 21. (a) Retail dealers' licenses issued by other states or foreign countries will not be recognized in Indiana except for sales at wholesale.
(b) Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.
As added by P.L.311-1983, SEC.32.
Note that you must carry by the terms of your license. Thus, with a Kentucky license, you must leave your shoes off.:D:p
Schutzen
June 7, 2008, 12:53 PM
wdlsguy;
I think you are mistaken about and Illinois resident being able to CCDW in Kentucky with a Pennsylvania LTCF. Kentucky recognizes any state's CC permit that reciprocally recognizes Kentucky's CCDW permit. Illinois has no CCW and does not recognize any other states CC permit. If you are caught in Kentucky with a concealed weapon and an Illinois drivers license, plan on spending the night in the cross bar hotel as our guest. With a very good lawyer, you may beat the fine/conviction but you will be arrested for carrying a concealed weapon.
However if you intended to say an Indiana resident could carry in Kentucky, you a perfectly correct. Indiana and Kentucky have a CCW/CCDW reciprocity agreement and both states LEO's honor it with out question.
EL TEJON: KY CCDW permits being invalid with shoes on is incorrect. They are only valid when you have your boots on.
Schutzen, a Kentuckian who has to travel through Illinois unarmed.
Five of Clubs
June 7, 2008, 12:56 PM
Tejon - Knock it off with the shoe remarks, or I will talk about the "townies" where you live. I went to school right down the road from you:D
JeremySmith
June 7, 2008, 01:29 PM
All of Indiana's gun laws can be found at http://www.in.gov/legislative/ic/code/title35/ar47/
I do agree with El Tejon about getting the licence - its cheap, even the lifetime one isn't too bad. I actually hadn't read any of the code up until about a year ago, and had routinely traveled to shoot the pistols. What's you thoughts on:
IC 35-47-2-2
Excepted persons
(11) any person while carrying a handgun unloaded and in a secure wrapper from the place of purchase to his dwelling or fixed place of business, or to a place of repair or back to his dwelling or fixed place of business, or in moving from one dwelling or business to another.
I'd always though that covered ranges and gunshops as a "fixed place of business", "place of repair", or "business".
I do feel sorry for you guys over the line......
Aguila Blanca
June 7, 2008, 01:32 PM
Interestingly, the FOPA may apply here.
The issue in Indiana seems to be "transport" without a license, not "possession."
But in this case, the question comes from someone who lives in another state. Thus, any time he travels from home (and "transports" a gun from home) to the range, he is engaged in interstate travel.
The prerequisite for the FOPA is that "possession" of the firearm(s) must be legal at the place where the journey begins, and at the place where the journey ends. We'll assume that the OP owns ("possesses") his guns legally at home. It has been stated that "possession" is not the problem in Indiana, only "transport." If this is correct, possession is legal where the journey begins and where the journey ends. The journey crosses a state line and is thus interstate travel, by definition.
Ergo, the FOPA applies. Transport the guns in accordance with the terms of the FOPA, carry a few photocopies of the FOPA with you, and you're (legally) covered. It's entirely possible that a local officer or a ranger in Indiana might not understand the fact that the FOPA applies, but if you hand them the law, show them an Illinois drivers license and explain that you are crossing state lines so the law applies to you even if it doesn't apply to any other person who has ever shot at that range -- unless they have their mind set on being a butthead you shouldn't have any problems other than wasting some time in conversation.
wdlsguy
June 7, 2008, 01:56 PM
I think you are mistaken about and Illinois resident being able to CCDW in Kentucky with a Pennsylvania LTCF. Kentucky recognizes any state's CC permit that reciprocally recognizes Kentucky's CCDW permit. Illinois has no CCW and does not recognize any other states CC permit. If you are caught in Kentucky with a concealed weapon and an Illinois drivers license, plan on spending the night in the cross bar hotel as our guest. With a very good lawyer, you may beat the fine/conviction but you will be arrested for carrying a concealed weapon.
(20) (a) A person who has a valid license issued by another state of the United States to carry a concealed deadly weapon in that state may, subject to provisions of Kentucky law, carry a concealed deadly weapon in Kentucky, and his or her license shall be considered as valid in Kentucky.
Kentucky Revised Statutes Chapter 237.110 (http://www.lrc.ky.gov/KRS/237-00/110.PDF)
Effective, July 15, 1998, Kentucky recognizes valid carry concealed weapons licenses issued by other states and, subject to the provisions of Kentucky law, a person holding a valid license from another state may carry a concealed deadly weapon in Kentucky.
http://www.kentuckystatepolice.org/conceal.htm
louis2dogs
June 7, 2008, 04:10 PM
Don't quotes #2 and #3 kind of cancel out #1 ? I am an Illinois resident (sigh...) and have Pennsylvania and Florida permits. Everything I have ever read says that I should be good to go in Kentucky.:confused:
wdlsguy
June 7, 2008, 04:48 PM
Don't quotes #2 and #3 kind of cancel out #1 ?
Yes.
I am an Illinois resident (sigh...) and have Pennsylvania and Florida permits. Everything I have ever read says that I should be good to go in Kentucky.
Correct.
Thin Black Line
June 8, 2008, 08:15 AM
If your destination is somewhere in IN, you must have a CCW. The "passing
through" argument will not hold water if you are going to a range, hunting,
location, college, friend's home, etc in IN as a final destination before
returning home to IL.
BTW, if you are an IL resident w/ a non-resident license from another state,
don't even think of passing through MI while packing loaded on your person
or in your vehicle. Last I checked they only recognize resident licenses
issued by the state a person actually resides in. The flipside is unlike IN, you
can transport unloaded, locked and cased in the trunk w/o the CCW in MI to
go the range, hunting, your vacation cabin, etc.
Yes, welcome to the midwest where we're consistently inconsistent.
louis2dogs
June 8, 2008, 08:17 AM
:):):):)
m1009
June 8, 2008, 09:22 PM
We shoot at a state range in Northern IN- there is a sign on the range officers building stating that illinois shooters cannot come into Indiana to use the range facilities with a handgun.
We questioned the RO on this and he stated that the reason was that Illinois does not honor Indiana carry permits so the state ranges willl not allow Illinois residents to shoot there. I would say that is what we were told, do not know if this is an official statement or law, but that is what we were told.
Also were told if that is not acceptable that the Illinois residents need to vote in representation to change their laws.
This is what we were told, take it for what it's worth.
IN shooter
fractal7
July 31, 2008, 01:07 AM
Just for reference sake and so that noone else has to take a pointless long drive, I (an Illinois resident), drove to Willow Slough (an Indiana state operated gun range) and was not allowed to shoot any handguns. As soon as we walked into the little ranger hut/cabin thing they have a big sign posted with something to the effect of "Illinois residents can not shoot handguns at this range" The officer explained that it has recently been enforced by the higher powers and recommended we get a PA/FL/UT permit.
kludge
July 31, 2008, 07:54 AM
The issue in Indiana seems to be "transport" without a license, not "possession."
The law covers transport and "carry" (possession)
IC 35-47-2-1
Carrying a handgun without a license or by person convicted of domestic battery
Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possession.
IC 35-47-2-2
Excepted persons
Sec. 2. Section 1 of this chapter does not apply to:
<snip>
(11) any person while carrying a handgun unloaded and in a secure wrapper from the place of purchase to his dwelling or fixed place of business, or to a place of repair or back to his dwelling or fixed place of business, or in moving from one dwelling or business to another.
If you own two pieces of property you can't transport it from one piece of property to another. If you're from Illinois you CAN bring your gun to the range if you have a permit issued by any other state. BTW, IANAL.
The DNR publishes in their hunting guide every year, that if your from a state that does not issue permits, you can't hunt in Indiana with a handgun, but that is NOT what the law says. IANAL. It seems these police have the same interpretation regarding the shooting range. But that is not what the law says. Again, IANAL.
See post#14: That is what the law says. BTW, ElTejon is a lawyer.
As you can see in the section of the law I quoted, unless you are moving, there is no "peaceable journey" law in Indiana, which is rather strange for a "gun-friendly" state.
El Tejon
July 31, 2008, 09:35 AM
there is no "peaceable journey" law in Indiana, which is rather strange for a "gun-friendly" state.
No, it is not. It is consistent. Unless you are going to the gunsmith or other exempted place, GET THE LICENSE.
No matter what kind of journey you are taking--an incredible one, a fantastic voyage, wandering Indiana, getting your groove on, straight tripping, ramblin' on, truckin' on, going to the dentist--GET THE LICENSE.
Every single day I get calls about how to carry/transport guns without a license and it will go a little something like . . . this:
JIMMY JOE LEE SKEETER LONGSTREET LEE: "I want to go ashootin' at them thar cans wit meye fortee five. If my third cousin's dog carries the gun and Uncle Dad carries them thar clips so the gun is unloaded, do I have to go get me a license? Did I mention my Uncle Cousin is the Town Marshal of Wheatfield? Did you know in Texas you can just carry a gun around, I seen it on the tee vee?"
EL TEJON: "Get the license."
JIMMY JOE LEE SKEETER LONGSTREET LEE: "I can't afford it. I'm done broke, Mr. Tejon."
EL TEJON: "A box of .45acp is almost the cost of the license. Get the license. A license is the cost of the gasoline you will use going to the range. Get the license. Now, give me money."
ProficientRifleman
July 31, 2008, 10:32 AM
As a citizen of Indiana, you have a right to carry a handgun, period. You need only obtain a license to do so.
This not meant as an insult, just an observation. The above sentences are oxymoronic.
A license is the opposite of a right. A "license" by definition, is special permission to do something (otherwise) illegal. A "right" requires no prior permission, nor is it subject to any prior restraint. If you have to beg permission FIRST, you are not exercising a right.
It is a sad state in our affairs of public discourse that we do not anymore know the difference.
kludge
July 31, 2008, 03:36 PM
EL TEJON: "A box of .45acp is almost the cost of the license. Get the license. A license is the cost of the gasoline you will use going to the range. Get the license. Now, give me money."
LOL !
Top_Gunn
July 31, 2008, 07:17 PM
Just a couple of other tidbits about carrying in Indiana:
1. You probably can't carry on church property, even if you have a permit, because most churches have educational programs for kids (pre-school, Sunday school), which makes all church property "school property" in Indiana, and it's a felony to carry on school property (couple of small exceptions). Same for any licensed day-care center. If you're just dropping off or picking up a kid there, it's legal to have a gun in your car. But if you get out of the car to hand the kid a book or some such, you're a felon.
2. Under federal law you can't have a gun within 1000 feet of a school. There are exceptions, one of which is for a gun you have a state permit to carry. But you can't get a state permit for a rifle or shotgun in Indiana (because you don't need one), so it's a federal crime to drive past a school in Indiana with a rifle or shotgun in your car unless it's both unloaded and in a locked case. This makes no sense, as it's perfectly legal to drive past a school with a loaded pistol for which you have a permit. But there's no rule that says laws have to make sense.
Yes, the law is "a ass, a idiot." But they can get you for it. Sneaky, huh? And we're a "gun-friendly" state.
cherryriver
July 31, 2008, 09:36 PM
Well, since this is grinding on, and Counselor El Tejon is checking in, I'd like to pose yet another Illinois resident/Indiana visitor question.
We are indeed on the Prairie State side ("Move to America!" our Hoosier friends howl) and spend lots of time in the northwest counties of Indiana.
In fact, we belong to a a private shooting club and I am to a small degree a club official, you could say.
We have hopes of moving there someday, if the stars align properly, but it's not happening yet.
Still, most weekends we head to NWI, and frequent the club. I already have the permit (Florida, Pennsylvania, New Hampshire, Virginia), but I'd sure like to get an Indiana non-resident permit.
Since neither of our businesses do much yet in Indiana, and so don't make it inside the qualification for the non-resident license, is there any experience out there with getting non-res licenses, and would the membership and participation in the official business of the club make it over the line and thereby qualify?
Is there any experience with what level of work makes the line?
Just thinking , here. I always feel a loyalty to Indiana and actually don't mind supporting it.
This does not refer to Lake County, of course.
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