Can a person without a permit buy a handgun for their house?

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  • 66chevelle

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    greenfield
    I work with a guy that asked me this question today. He just moved here for California and wants to get a handgun for his house only. I tried to talk him into a permit so that he can carry but he said no. He said I don't need a gun but I want one in the house just in case. Can he go to a store and buy one or can he buy one from a individual? Thanks for your help.

     

    Fishersjohn48

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    Yes and yes. Transporting from the purchase to his home is fine. A FTF with a private individual with no bill of sale might not be the best idea in this case as it would be difficult to prove that you are transporting home from a purchase. IMO the best thing that you could suggest to him would be to take a class first before he goes out and buys a gun. I don't know the circumstances and what his knowledge base is but coming from California I'm guessing his handgun knowledge is minimal.
     

    LPMan59

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    while he can do it, i wouldnt suggest it...at least without the intent of getting the LTCH. As others have pointed out, he would need the LTCH to go to the range to practice.

    I for one do not advocate relying on an untested firearm, especially if i wasn't already proficient with handguns. The flip side of the coin is that having a gun is better than no gun. If the LTCH isnt in the plans, there would only be a few companies I would trust their product to run reliably right out of the box. ymmv.
     

    66chevelle

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    I suggested a class but he said no. He said that he had all the training he needed in the army. No offense to him but he is older and I don't see where a refresher course would hurt. He also told me that he had a permit in California but he never took his gun anywhere so he doesn't see where it benefits him to get a LTCH. Thanks for the help guys I thought it was ok but I wanted to make 100% sure.
     

    esrice

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    he never took his gun anywhere so he doesn't see where it benefits him to get a LTCH.

    If he ever plans to practice or train (outside of his own property), he will need the LTCH. If he doesn't plan to do either of those, then he's probably better off without a handgun.
     

    LPMan59

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    I suggested a class but he said no. He said that he had all the training he needed in the army. No offense to him but he is older and I don't see where a refresher course would hurt. He also told me that he had a permit in California but he never took his gun anywhere so he doesn't see where it benefits him to get a LTCH. Thanks for the help guys I thought it was ok but I wanted to make 100% sure.

    he had a permit in Kommiefornia? Is he a moviestar or politician? :D
     

    tv1217

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    Maybe he lived somewhere in the northern 3/4 of the state? CA is much like IL in that a small segment of the state ruins it for the rest due to population density.
     

    NIFT

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    Here is the official positon from the person in charge at the Indiana State Police:

    IC 35-47-2-2
    Excepted persons
    Sec. 2. Section 1 of this chapter does not apply to:
    (1) marshals;
    (2) sheriffs;
    (3) the commissioner of the department of correction or persons authorized by him in writing to carry firearms;
    (4) judicial officers;
    (5) law enforcement officers;
    (6) members of the armed forces of the United States or of the national guard or organized reserves while they are on duty;
    (7) regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state who are at or are going to or from their place of assembly or target practice;
    (8) employees of the United States duly authorized to carry handguns;
    (9) employees of express companies when engaged in company business;
    (10) any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his possession, using, or carrying a handgun in the usual or ordinary course of that business; or
    (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.


    In (11), you would take the phrase “any person while carrying a handgun unloaded and in a secure wrapper” and then apply it to each of the three phrases that follows. So to interpret the final exemption, you could read “any person while carrying a handgun unloaded and in a secure wrapper in moving from one dwelling or business to another.” Now it should become clearer that statute is talking about actually changing residences or business locations as opposed to randomly moving the weapon from one residence or business to another. If it meant other than that, the statute would read, “moving the handgun from…”, which it does not. To interpret it too freely would negate the need for a permit to carry as long as the weapon was unloaded and in a secure wrapper. Why would there be a hunting and target permit, if you could transport the weapon unloaded to a range (which is a business)? The meaning is clear, you need a permit with the exception of these very limited instances.

    Lt. Jerry A. Berkey
    Indiana State Police
    Records Division, Rm 302
    100 N. Senate Avenue--IGCN
    Indianapolis, IN 46204
    317-232-8263
    MW2498


    Translate:

    There are precisely three specific situations in which the LTCH is not required.
    1. Transporting a handgun from the dealer where purchased either to home or fixed place of business, but not back and forth among those.
    2. To a "place of repair" and back.
    3. Moving from one "dwelling" or fixed place of business to another.
    Now, there is some disagreement on what constitutes a "dwelling," but I'm confident ISP would construe dwelling to mean domicile.
     

    Cloverdaleman

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    Dec 22, 2010
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    while he can do it, i wouldnt suggest it...at least without the intent of getting the LTCH. As others have pointed out, he would need the LTCH to go to the range to practice.

    I for one do not advocate relying on an untested firearm, especially if i wasn't already proficient with handguns. The flip side of the coin is that having a gun is better than no gun. If the LTCH isnt in the plans, there would only be a few companies I would trust their product to run reliably right out of the box. ymmv.

    If you are talking about an outdoor range( that is not a gun shop) than you are right. If you are talking about a range at a gun shop than you are wrong. You can transport from gun shop to your home or from home to gun shop.It must be in a place without easy access while in transport.
     

    GUNFIGHTER01

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    Dec 6, 2010
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    laporte
    Ur friend will also need to make sure he has a Indiana state id or driveres license with his current address otherwise they will not sell him a gun!

    I had this happen to a buddy of mine a week ago.
     

    Fishersjohn48

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    Fishers
    If you are talking about an outdoor range( that is not a gun shop) than you are right. If you are talking about a range at a gun shop than you are wrong. You can transport from gun shop to your home or from home to gun shop.It must be in a place without easy access while in transport.

    :horse: :popcorn:Can you tell me where that is stated?
     

    NIFT

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    Jul 3, 2009
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    Fort Wayne, Indiana
    If you are talking about an outdoor range( that is not a gun shop) than you are right. If you are talking about a range at a gun shop than you are wrong. You can transport from gun shop to your home or from home to gun shop.It must be in a place without easy access while in transport.

    Incorrect but common belief.
    Read my previous post for the correct information.
     

    esrice

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    Jan 16, 2008
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    Indy
    Incorrect but common belief.

    +1

    Yes, you can take your gun to a gunshop for repair, but for no other reason.

    Some like to try the "but its a place of repair, it doesn't say I have to be getting it repaired!", but I think that is asking for trouble.
     
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