Carry legal question

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  • Protest

    Expert
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    Mar 10, 2010
    1,193
    38
    SW Michigan
    I have read the laws and even the book by Brian Ciyou on Indiana handgun laws, but believe I have missed the following subject.

    When the weather's nice, my wife and I like to sit outside. I carry full time at home and in my yard. Sometimes open and sometimes concealed. What if my next door neighbor comes outside and a conversation ensues and I end up standing in their yard talking with them. Am I allowed to carry onto their property without violating law? Keep in mind, I haven't crossed any public property to get there, just walked a few feet over.

    I realize it's mostly hypothetical and it won't matter soon as I'll have my LTCH. I'm also aware that they have a right to ask me not to carry on their property and I would respect that.

    Thanks in advance.
     

    Jay

    Gotta watch us old guys.....cause if you don't....
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    Jan 19, 2008
    2,903
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    Near Marion, IN
    Without a valid LTCH you may NOT possess a handgun except on your property, or business...

    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.
    (b) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun in any vehicle or on or about the person's body in the person's dwelling or on the person's property or fixed place of business.
    As added by P.L.311-1983, SEC.32. Amended by P.L.326-1987, SEC.1; P.L.195-2003, SEC.6; P.L.98-2004, SEC.155; P.L.118-2007, SEC.35.
     

    Protest

    Expert
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    Mar 10, 2010
    1,193
    38
    SW Michigan
    Without a valid LTCH you may NOT possess a handgun except on your property, or business...

    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.
    (b) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun in any vehicle or on or about the person's body in the person's dwelling or on the person's property or fixed place of business.
    As added by P.L.311-1983, SEC.32. Amended by P.L.326-1987, SEC.1; P.L.195-2003, SEC.6; P.L.98-2004, SEC.155; P.L.118-2007, SEC.35.

    You are not permitted to carry off your own property excluding a very few exceptions.
    OK, thanks. I was well aware of those laws but for some reason, had travel stuck in my brain. I somehow had incorporated travel between my dwelling and other places into my thoughts when really, carry doesn't mean traveling, it means carry.

    See how the human mind can so easily be confused? Thanks guys.

    The laws would be so much simpler and smarter if they left it to the constitution. The constitution, in so many words says, "Carry if you want."
     

    possum_128

    Master
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    Mar 21, 2008
    2,489
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    Martinsville area
    Why not get your LTCH and them problem solved?:dunno: I don't understand why anyone who owns a handgun and would carry just at home would not get one. Most bad stuff is more likely to happen outside your home that at your home, that is depending where you live. You should carry at all time, at home and away where legal.:twocents:
     

    Protest

    Expert
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    Mar 10, 2010
    1,193
    38
    SW Michigan
    Why not get your LTCH and them problem solved?:dunno: I don't understand why anyone who owns a handgun and would carry just at home would not get one. Most bad stuff is more likely to happen outside your home that at your home, that is depending where you live. You should carry at all time, at home and away where legal.:twocents:
    It should be here any day now. I applied on March 10.
     

    H.T.

    Marksman
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    Mar 8, 2009
    228
    16
    Fishers -MSG 2
    If he's standing his neighbores yrd. His neighbor is ok with it, It's still private property. I think your ok as long as you don't step on public land. And as long as your neighbor is ok with it. I know that when I was growing up we would go shooting some of my friends were hunter & shooters too. We'd just give them a rig and a pistol to use while we were out shooting.

    God Bless.
     

    LawDog76

    Expert
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    Jan 31, 2010
    779
    16
    Brownsburg
    If he's standing his neighbores yrd. His neighbor is ok with it, It's still private property. I think your ok as long as you don't step on public land. And as long as your neighbor is ok with it. I know that when I was growing up we would go shooting some of my friends were hunter & shooters too. We'd just give them a rig and a pistol to use while we were out shooting.

    God Bless.

    Indiana Law states it must be your own. Just because you do something for years and don't get in trouble for it doesn't mean its legal.
     

    MrSmitty

    Master of useless information
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    Jan 4, 2010
    4,962
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    Jeffersonville
    I have a question, probably answered some where else, but the question is... I have a CCW for Indiana, if I go to pick up my son at school, and my gun is in the truck am I violating the law? Gun in glove compartment most of the time.
     

    Protest

    Expert
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    Mar 10, 2010
    1,193
    38
    SW Michigan
    I have a question, probably answered some where else, but the question is... I have a CCW for Indiana, if I go to pick up my son at school, and my gun is in the truck am I violating the law? Gun in glove compartment most of the time.
    Actually, you don't have a CCW, you have a License to Carry a Handgun (LTCH). The law does not specify how you carry, either openly or concealed.

    Yes, you are ok to pick your son up from school with your gun IN the car, even if you drive onto the school property. However, you must not get out of your car, with or without your gun. You must stay in your car with your gun and you will remain legal.
     

    MrSmitty

    Master of useless information
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    Jan 4, 2010
    4,962
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    Jeffersonville
    Actually, you don't have a CCW, you have a License to Carry a Handgun (LTCH). The law does not specify how you carry, either openly or concealed.

    Yes, you are ok to pick your son up from school with your gun IN the car, even if you drive onto the school property. However, you must not get out of your car, with or without your gun. You must stay in your car with your gun and you will remain legal.
    Ok cool, but why can I not get out of my truck? I lock it at all times. I write ccw because I'm doing good to type my name and ccw flows better....lol ok ... LTCH..... the letters are farther apart than CCW
     

    zebov

    Marksman
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    Jan 4, 2009
    273
    16
    Lafayette, IN
    This is actually quite an interesting legal topic because the implication here is if he cannot carry on his neighbors private land, how can someone without an LTCH shoot a handgun at a range? I've contacted my state representative and they have confirmed it is legal to shoot a handgun at a range without an LTCH, but that seems contradictory to what the law says. There is not exception for shooting a rental handgun at the range in the black and white text, but there seems to be an implicit exception.

    Also, this would seem to imply that if someone came over to my house and I let them hold my handgun, they would be committing an illegal act (and I as a result?) unless they a) had an LTCH or b) were about to purchase the gun.
     

    Protest

    Expert
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    0   0   0
    Mar 10, 2010
    1,193
    38
    SW Michigan
    This is actually quite an interesting legal topic because the implication here is if he cannot carry on his neighbors private land, how can someone without an LTCH shoot a handgun at a range? I've contacted my state representative and they have confirmed it is legal to shoot a handgun at a range without an LTCH, but that seems contradictory to what the law says. There is not exception for shooting a rental handgun at the range in the black and white text, but there seems to be an implicit exception.

    Also, this would seem to imply that if someone came over to my house and I let them hold my handgun, they would be committing an illegal act (and I as a result?) unless they a) had an LTCH or b) were about to purchase the gun.
    If you do not have an LTCH, you can't take your handgun to a range. I don't know about renting.

    Also, see here: https://www.indianagunowners.com/fo...ing_a_handgun_without_a_license_official.html
     

    LawDog76

    Expert
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    Jan 31, 2010
    779
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    Brownsburg
    I've contacted my state representative and they have confirmed it is legal to shoot a handgun at a range without an LTCH, but that seems contradictory to what the law says. There is not exception for shooting a rental handgun at the range in the black and white text, but there seems to be an implicit exception.

    Best thing to do in my opinion where you run across questionable situations like this, write your county prosecutor ans ask. Don't call, don't e-mail, type/write and send it through the mail certified and ask for a written response. They're the ones you have to worry about in court, not your state rep. If an officer disagrees with how YOU understood the law, that letter is going to be one more thing to help you out in court. It will be hard for a prosecutor to explain to a Judge why he's prosecuting you for something he told you was legal. But thats just my :twocents:
     
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