Carrying while on your own property?

[millsusaf]

In Indiana, can you carry (open or concealed) on your own property?

Does this change if you rent the property?

Does this include outside but in your property lines?

Thanks

 

[Indy_Guy_77]

Your own property is good to go!

MY understanding of the law that if you're renting a house/property then you are, in effect, kind of a "de facto" owner and entitled to almost all rights and privelages entitled to the person on the deed. Therefore (I'm not a lawyer!), you're good to go when you're on your rental property.

Anywhere on the property is OK, by law, too. If your property adjoins a school playground, though, I can see where that might cause you problems to be seen carrying while mowing your yard.

But in Indiana, you do NOT need a License To Carry Handgun (LTCH) to buy a handgun, nor have one to carry on your own property.

Indiana law also makes NO provision that dictates that a carry weapon must be concealed. We're perfectly allowed to carry open and/or concealed.

Now, if you go OFF your property, chances are that you'd then be carrying illegally if you don't have a LTCH.

ETA: Indiana Law also has a provision stating that you do not need a LTCH to carry a firearm at your fixed place of business. (But, again, if/when you remove that firearm from that fixed place of business, depending on circumstances, you might be in violation of State law if the firearm is on your person)

Another ETA: I don't know how firearms/carrying against a landlord's wishes, if somehow that's in a Lease Agreement. That's a subject for a lawyer!

-J-

 

[Bubbajms]

That last sentence you posted is a thought.. what if the landlord puts up a sign that says "No Guns Allowed".. could you be arrested for trespass???

 

[fg12351]

Check your lease.

I live in an apartment and I have my lease in .PDF and searched it. "Firearm", "Gun", "weapon" never appear. I think they are more worried about cat pee.

 

[Bluehazemay]

I have been scanning the laws for around 7 months, im not a lawyer either but you can carry about your person on your own property open or concealed.

Now as for a school playground and such, I have a elementry school right across the street from me and the playground is full view. Now Per the law specified I can still carry open or concealed as long as I stay on my property. Now because the school is there I dont carry outside my house, the two reasons for this is - One - I dont want to cause a issue, Two - when my car was stuck due to the snow one of the teachers saw and allowed the kids to come out and help. So to return the respect I will not carry my gun open in my yard. But legally you can if you wish.

 

[CulpeperMM]

Ted Nuggent: "the 2nd Amendment is my Carry Permit!"

 

[jsgolfman]

I have been scanning the laws for around 7 months, im not a lawyer either but you can carry about your person on your own property open or concealed.

Now as for a school playground and such, I have a elementry school right across the street from me and the playground is full view. Now Per the law specified I can still carry open or concealed as long as I stay on my property. Now because the school is there I dont carry outside my house, the two reasons for this is - One - I dont want to cause a issue, Two - when my car was stuck due to the snow one of the teachers saw and allowed the kids to come out and help. So to return the respect I will not carry my gun open in my yard. But legally you can if you wish.

On the other hand, if they saw the nice man across the street with a firearm, it must be ok.

 

[Bluehazemay]

On the other hand, if they saw the nice man across the street with a firearm, it must be ok.

Very true lol

 

[Michiana]

+1 for Capshot

So to return the respect I will not carry my gun open in my yard. But legally you can if you wish.

Nice to read a post from a member who respects the feelings others in regards to his own carry habit.

 

[millsusaf]

LMAO....I have been carrying all day to try out my holster before my LTCH comes in. The door bell rings and I quickly took off the holster to open the door. And who should I see standing there.....a police officer trying to serve papers to the guy that lived here last.

Thank god I took off the gun and holster. That is a conversation I'm not sure I would have liked to have.

 

[AFA1CY]

I believe the IC says "dwelling" as opposed to "property"

 

[kludge]

It says both. If you rent an apartment your "dwelling" ends at the doorway. Yes, there is case law.

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.

 

[ralphb72]

If you are in an apartment, the common areas including the hallways sidewalks and yard are NOT considered your property, you should get a LTCH to carry in those areas.

 

[ralphb72]

"Thank god I took off the gun and holster. That is a conversation I'm not sure I would have liked to have."

I can understand how that would make you nervous, especially if you are not used to carrying and do not have the LTCH yet, but if you are in your own home and/or apartment you were perfectly legal and I'm sure the officer would have told you so although it probably would have made him a little nervous at first also.

 

[Soundslikejosh]

Nice to read a post from a member who respects the feelings others in regards to his own carry habit.

I have to respectfully disagree! How is carrying in his yard disrespectful to the school across the street? Just because someone does something you disagree with does not mean they are being disrespectful. I cannot control who gets upset over what. If I OC while mowing my grass, and the neighbor has a coronary, did I not show enough respect? Or does this reflect their lack of heritage and generally thin skin?

I have tried to restrain myself in these discussions but I am getting a bit fed up with OCers being painted as self-centered and disrespectful.

If I have misinterpreted something here, I apologize.

 

[Michiana]

Bashing OC was not the intention of either post.

250335[/size]]I have to respectfully disagree! How is carrying in his yard disrespectful to the school across the street?
I have tried to restrain myself in these discussions but I am getting a bit fed up with OCers being painted as self-centered and disrespectful.

If I have misinterpreted something here, I apologize.

I suggest you ask Capshot, he made the statement "So to return the respect I will not carry my gun open in my yard. But legally you can if you wish." Obviously he felt the need to "show respect"; it was not a legal issue for him. This is concerning one specific situation and you are making it sound like an anti OC issue which was not the case. I just enjoy reading posts from people who are not afraid to say they respect the rights and feeling of others.. Because you can doesn't always mean you should. Apology accepted.

 

[Brandan]

Ted Nuggent: "the 2nd Amendment is my Carry Permit!"

Yes indeed. This in fact should be all we need.

 

[Michiana]

Yes indeed

Originally Posted by CulpeperMM
Ted Nuggent: "the 2nd Amendment is my Carry Permit!"

Yes indeed. This in fact should be all we need.

Guess what, your Second Amendment rights end at my property line. A lot of people here don't understand that concept.

 

[Mike Elzinga]

Actually they dont, dependant on ones view of the word "right"


"a right cannot be granted, nor can it be taken away"
-Jeff Cooper

The constitution doesnt grant us rights, it is the statement of a list of the liberties we are taking, without regard to a governing bodies permission.

 

[jsgolfman]

I just enjoy reading posts from people who are not afraid to say they respect the rights and feeling of others



If the subject of OC hadn't come up you wouldn't have said a word