Kentucky/Indiana Open Carry Question

[TheIrishJedi]

Been trying to find information on this: Can a Kentucky CCDW holder open carry in Indiana? KY allows open carry without a license, but IN requires one, I believe. They are reciprocity states.

 

[hiram2005]

Ours is a license to carry a handgun, it does not specify open or concealed. We can carry as we wish. I may be wrong, but I believe you would have to carry as your permit states, concealed only.

 

[howbug]

"When carrying within the state of Indiana on an out of state permit, the permittee must carry in accordance with the terms of the permit; for instance, if the permit says “concealed handgun permit,” then it must be concealed. If it simply says license to carry handgun, it can then be carried either openly or concealed."..............this is directly from this site- http://www.usacarry.com/concealed_carry_permit_information.html

it is a good site to look at from time to time

 

[NavyLCDR]

"When carrying within the state of Indiana on an out of state permit, the permittee must carry in accordance with the terms of the permit; for instance, if the permit says “concealed handgun permit,” then it must be concealed. If it simply says license to carry handgun, it can then be carried either openly or concealed."..............this is directly from this site- http://www.usacarry.com/concealed_ca...formation.html

it is a good site to look at from time to time

Respectfully, they are wrong. A person must be LICENSED, NOT permitted. Out-of-state PERMITS are no good in Indiana. They must be LICENSES. Nowhere does the word PERMIT appear in the Indiana statute:

IC 35-47-2-21
Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
35-47-2-21 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.

If you are going to get wrapped around the axle about the word "concealed" on a license, then you must also get equally wrapped around the axle about the word "license" vice "permit".

 

[garyh9900]

Kentucky's is a license not a permit.

 

[billybob44]

Kentucky's is a license not a permit.

You're right gary==Ky. issues a "Concealed Deadly Weapons License". BTW, I don't know where the states qualify with their "Concealed Carry Permits"??Bill.

 

[vanagon40]

In my humble opinion, a Kentucky resident with a handgun license (or permit) would be able to carry in Indiana in the same manner as he or she could carry in Kentucky.

That said, if the license/permit specified that it was a concealed carry license/permit, a police officer and/or prosecutor could argue that open carry is NOT "according to the terms thereof." Ind. Code § 35-47-2-21(b). Additionally, a person who has no license/permit is NOT permitted to carry a handgun in the State of Indiana under the same conditions as the person could carry in his or her home state.

However, with the Kentucky license, I think the better, more reasoned argument, is that because the Kentucky licensee is permitted to conceal carry or open carry in Kentucky, the Kentucky licensee should be permitted to conceal carry or open carry in Indiana.

To the best of my knowledge, there are no reported court decisions interpreting Indiana Code § 35-47-2-21(b).

 

[NavyLCDR]

Indiana statute says this:

IC 35-47-2-21
Recognition of retail dealers' licenses and licenses to carry handguns issued by other states 35-47-2-21 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.

So, let me explain the terms of my Washington State Concealed Pistol License. The terms of my WA CPL allow me to conceal my pistol if I choose to. The CPL does not requireme me to conceal my pistol. I can walk down the stree with a pistol duct taped to my forehead and my CPL in my wallet, if I choose to. The terms of my WA CPL only give me the CHOICE and the OPTION to conceal, not a requirement. So why would those terms of my CPL change when I crossed into Indiana?

 

[howbug]

i dont know how else it could be interpreted. if that is how you are allowed to carry in your home state of washington, that would "be recognized according to the terms thereof".......... you might also check this site out if you are worried about whether to call it a "permit" or a "license". the washington state office of the attorney general seems to use the two terms interchangeably. just sayin' http://www.atg.wa.gov/ConcealedWeapons.aspx

 

[NavyLCDR]

My point was that IF a person is going to make a big deal out of the word "concealed" in the title of my WA CPL, which has no restrictions on open carry attached to it... then an equally big deal should be made out of the word "permit" on a permit. I feel that the interpretation of the law posted on usacarry.com is incorrect. The title that is on my license/permit has no bearing on the terms associated with my license/permit.

There are many states that issue Concealed Weapon/Handgun/Pistol Permits/Licenses which have no restrictions or terms associated with them that restricts open carry. To say that the terms of those licenses/permits changes when the person crosses into Indiana is without merit.

A "term" associated with a license that would be in effect in Indiana would be if a permit/license was restricted to revolvers only (as some states do, unless specifically qualified on a semi-annual) or restricted to business premises only or target shooting only as New York does with some licenses.

I know that "permits" are honored in Indiana.... my point was with this fascination over the word "concealed" in the title of the license which does not automatically become a restrictive "term" of that license.

 

[howbug]

i dont get who was making a big deal about either one........a permit is a license and a license is a permit. at least in washington state. and..................you happen to live in washington state, which is an open carry state. so................you can "open carry" without asking anyone's permission and you get a "permit" to conceal. so, your state right to open carry without a permit does not carry over to the state of indiana, but, indiana being a reciprocal state with washington state, will honor your concealed weapon permit. got it? in other words, indiana is not honoring your individual state right of open carry, just the concealed weapon permit. on the ground in indiana, in the real world, i wouldnt worry about it. nobody (probably) is going to split those kinds of legal hairs, or even give a rats behind about it, as long as you have your, uh, permit.............in indiana you are not legally allowed to open carry or carry concealed without a "permit". so, i have a "license to carry handgun", for personal protection. i can conceal or open carry at my discretion. ( i guess i could do the ole duct tape on the forehead thingie too) so.............you can "disagree" with usacarry.com's opinion if you wish of course. me, i dont know enough to disagree with them.