(IN) Do you have a permit for that firearm?

[woodybrighton]

Quote:
If it was up to the Sheriff there would be a lot of people that wouldn’t have one
Where does this jerk think he is ? Massachusetts ?

(In Mass. the chief LEO of every municipality has "Discretion" in licensing and deny or restict a license as they see "fit".)

I'd imagine the sheriff probably has some local knowledge and if your known to law enforcement and they think you ought not to have a firearm theres probably good reason

 

[El Tejon]

Yes, you may be Black or Catholic and thus should not be carrying pistols.

Certainly the City of Gary, Indiana tried that logic ("law enforcement knows best"), woody, and got smacked hard by our Supreme Court.

 

[Phil DeGraves]

"History of battery charges"

My car wouldn't start and I had to jump it...several times. Does that mean I can't have a permit???

 

[The Wiry Irishman]

How do you get the silly thing from the store you bought it from to your home in the first place? Police escort?

As the FFL that did the transfer for my new pistol told me: keep in in the trunk and don't get pulled over. Getting my lifetime permit as soon as I get paid.

 

[Top_Gunn]

Quoting somebody: "How do you get the silly thing from the store you bought it from to your home in the first place? Police escort? No handgun registration, just registration if you plan on having your handgun anywhere outside your home. I honestly don't see much of a difference."

Actually, the one thing you can do legally without a permit in Indiana is take a handgun from where you bought it to your home. After that, though, you need a permit for any kind of carry--open, concealed, locked in a box in your trunk, whatever. This doesn't mean that the pistol has to be "registered," though: it's just that you need a permit to carry one.

 

[JeremySmith]

(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.
As added by P.L.311-1983, SEC.32.

I've always taken the "or in moving from one dwelling or business to another." to mean if I wanted to go to a friends "dwelling" I could - in the first part of the exception, it talks about "his dwelling", but the "his is missing from the second mention of dwelling. Of course - I'm not a lawyer, but thats what I see.

 

[Top_Gunn]

Jeremy Smith wrote: "I've always taken the "or in moving from one dwelling or business to another." to mean if I wanted to go to a friends "dwelling" I could - in the first part of the exception, it talks about "his dwelling", but the "his is missing from the second mention of dwelling. Of course - I'm not a lawyer, but thats what I see."

I disagree. The idea is that if you're moving, you can take your handgun from your old house to the new one (or if you move your business location, from your old business to your new one). Under your reading, you wouldn't need a handgun permit in IN to carry a handgun if you were going to someone else's house. If that were the case, what would be the sense in requiring anyone to get a permit? The narrower reading makes a little bit of sense--it lets you buy a handgun, take it home or to your place of business, and keep it there without a permit, but you need a permit to carry it around. The other reading creates a non-permit situation that doesn't seem to make any sense at all: if you can carry a gun without a permit when visiting a friend, then why not while out hiking or driving around?. Legislation has to be read (if possible) as if it had been written by reasonably sensible people.

I don't mean to defend the particular line that Indiana has drawn here. It seems to encourage people who can't get a permit to buy handguns for home or business defense and then to make it impossible for them to practice with them, which makes it very unlikely that they'd use them well.

 

[rxraptor02]

like the last poster said....

Taking it from the FFL home is ok, but it cant leave your property without a permit. Moving to a new residence is ok.

It was the longerst wait for me. I moved last OCT to Indiana. I thought I needed to wait 60 days to apply so I did. I then had to wait like 4 months to get it. Talk about a long time without going to the range.

I even got my g/f to get her permit. They are easy to get as long as you have a clean record. and you cannot beat the 125.00 price tag for a lifetime permit. It is a bummer that our permits have limited Reciprocity with other states.

There are other permits that allow you to go hunting/target shooting, however it is the same form to fill out. so its pointless to get one when all you have to do differently is check the personal pertection box.

 

[JeremySmith]

The catch would be the "unloaded and in a secure wrapper". I wonder how the pistol hunting season is handled? I've never really explored it fully, I've had my little pink paper almost as long as my pistols, and now it won't expire.

Ah - thats right! the "target" use on the form....I guess I can see the other interpretation too.

 

[RH822]

I don't mean to defend the particular line that Indiana has drawn here. It seems to encourage people who can't get a permit to buy handguns for home or business defense and then to make it impossible for them to practice with them, which makes it very unlikely that they'd use them well.

However, if an Indiana resident CAN'T get a Indiana handgun permit then the chances are that they are a felon and can't own firearms anyway. Indiana is a SHALL issue state.

RH

 

[gak]

It's sad that we've accepted and resigned ourselves to fees and licenses so the government can tax the law-abiding yet again. Brow-beating by the local constabulary for owning a firearm for target practice/self-defence is also getting tiresome. Reminds me of:
http://www.liveleak.com/view?i=088_1192711925

How many gang-bangers pay $50 for licenses and sit through a nice brow-beating by the desk police ?

 

[kludge]

Folks,

There is no unlicensed handgun carry in Indiana. Period.

Not open, not concealed, not locked up, not in the trunk, not loaded, not unloaded, no hunting, no going to the range, no taking it to a friends house.

"Moving" means packing up your belongings and changing you residence, either of your dwelling (the place you live, eat, and sleep, and your name is one the deed, mortgage, or rental agreement) or your fixed place of business (the place you work). The place you live, eat, and sleep, is not your girlfriends apartment, or your mother's house if you've already moved out.

Secure wrapper means a locked gun case inaccessible to the occupants of the vehicle (locked in the truck or cargo area).

If you work from the RV you live in, which is mobile, that is not a "fixed" place of business, and you can't have a handgun without a license.

To hunt/go to the range with a handgun you must have "qualified" or "unqualified" handgun license. And if it is "qualified" the handgun must be unloaded and locked while travelling to and from the hunting ground/range.

With the "relative" ease of getting a license there is no sense in getting a qualified license... or for that matter a 4-year license. Get the lifetime unqualified license and don't worry about it anymore.

 

[El Tejon]

Kludge, yes there is unlicensed carry, depending on who you are and where you are.

Remember, the law has no periods, only a multitude of commas.

 

[kludge]

True enough. See list of excepted person in post #23.

 

[Flyboy]

For all the claims that Indiana is "gun friendly," I don't see needing a permit to go the range as being particularly friendly. In fact, but for the fact that the permits are shall-issue, that seems like the sort of law one would find in New York.

 

[El Tejon]

Yes, Indiana is very gun friendly.

You need a license to carry a pistol to the grocery store, to your dentist, to your mother-in-law's house, and to the range. No license to carry is needed for your shotgun, carbine, or rifle. Get a license (oh, btw, we are the first state in the Union to have lifetime licenses, oh, until Florida gets lifetime licenses and then they will be the first) and live a trouble-free pro-gun existence.

Our licenses can be less than a $2 a year. We recognize the licenses to carry of all states, even Kentucky, and all foreign countries, such as California. Our Supreme Court has slapped the anti out of our moonbat anti-gun cities. Our duty to retreat was abolished 150 years before Florida became the first state in the Union to abolish the duty to retreat. Our Gov. is solidly on our side. Every year things get better for Hoosier gun owners.

How is this like New York??? If it were like New York we would have to put the deer in the trunk before we shot it.

 

[JeremySmith]

Very gun friendly! Even if it weren't for my lifetime permit - I could go down to the local gun store and walk out with ANY long gun right after I pay for it. Works most of the time with pistols too. Almost never get hassled by anti-gun people, unless you run into someone from Chicago. Even complete strangers don't generally freak out if they see you with a gun. Not at all a bad place to live, eh?

 

[IAJack]

I'd imagine the sheriff probably has some local knowledge and if your known to law enforcement and they think you ought not to have a firearm theres probably good reason

Yeah that seems all well and good until you get an anti sheriff that doesn't think anyone needs a permit. The "trust the professionalism of the sheriff" argument suffers from at least two problems. First, it eliminates the presumption that individuals have the right to defend themselves and puts the burden on the applicant to demonstrate his or her worthiness or need to carry a concealed weapon.

Second, the argument is belied by at least 60 years of experience with discretionary licensing laws, which demonstrates that the issuance of permits under discretionary systems has little to do with rational determinations of who is likely to act responsibly when carrying a gun. The power conferred on sheriffs under discretionary licensing systems is so broad that there is nothing to prevent them from acting arbitrarily.

 

[Flyboy]

El Tejon, I'm a great admirer of yours, but I can't agree entirely with your definition of "gun friendly." I have a concealed carry permit in my state (Oklahoma), and exercise it at every opportunity, but it is absolutely not required to carry to the range, to other peoples' homes, or anywhere else, so long as I keep the piece unloaded.

I don't think loaded/unloaded should matter (or anything else, for that matter--"shall not be infringed"), but the fact remains that I don't need any license--even at $2/yr, or for a lifetime, to move my property to any location I desire (federal and some state government property excepted, and I can't wait to change that).

 

[El Tejon]

Flyboy, well, I never said we do not have things to do here. I hate the licensing statutes as the notion of allowing the government to license my rights does not sit well with me, but that is for another thread.

So, we just need to put another exception into the statute. We just changed the law last year, so why not one more.