Gov Daniels signs the work guns bill

[snapping turtle]

Daniels signs controversial gun bill

 

[snapping turtle]

Now I really need a truck gun.

 

[Joe Williams]

Yay!!!!

 

[trad78]

Now I really need a truck gun.

Thought the same thing! Let see, home defense gun, OC gun, CC gun, and know a PV (personal vehicle) gun. At least it's an excuse to buy a new one!

 

[Chance]

Response fron the Gov's office

Thank you for your letter and for sharing your thoughts with the Governor. He appreciates the time you took to share your views on this subject.

House Bill 1065, various provisions concerning firearms, passed the Indiana General Assembly and was signed by Governor Daniels. This bill will go into effect on July 1, 2010.

Governor Daniels statement regarding HEA 1065:
"Considering the clear language of the Second Amendment of the U.S. Constitution, and the even stronger language of Article 1 Section Thirty-Two of the Indiana Constitution, protecting these rights as provided in HEA 1065 is appropriate. I also am compelled to give great weight to the overwhelming consensus of both Houses of the General Assembly as they passed this bipartisan statute. The law does contain ambiguities that the General Assembly may wish to refine at some future date, to avoid unnecessary litigation, but the understandable concerns raised against the bill do not suffice to justify a trespass on a fundamental right so expressly protected by our founding documents."

 

[sparky241]

i have a little glimmer of hope that maybe just maybe they do actually listen to us, the people

 

[GI JOE]

so you can have a weapon in your vechile without a permit then???

 

[T-rav]

so you can have a weapon in your vechile without a permit then???

NO, This is just saying that IF you are LEGEL to carry a gun in the state of Indiana you are protected from employers firing you for having a gun in your car. Until July 1st if a employer has a no firearms policy and that policy says you lose your job well your crap out of luck. AFTER July 1st you can keep it out of site in your locked vehicle.

 

[JBusch8899]

so you can have a weapon in your vechile without a permit then???

You always could, according to the law, and of course qualified to certain conditions. A handgun must be unloaded and secured within the trunk of your car if you do not have a LTCH.

 

[Que]

This is great news. Now, I can legally keep my gun locked in my car while at work or at school. Now, if only they would allow me to CC my .22 SA at work.

 

[JBusch8899]

NO, This is just saying that IF you are LEGEL to carry a gun in the state of Indiana....

I believe the language states that if one can legally possess a firearm.

 

[dburkhead]

You always could, according to the law, and of course qualified to certain conditions. A handgun must be unloaded and secured within the trunk of your car if you do not have a LTCH.

That is incorrect. Having a handgun on your person or in your vehicle is illegal except under certain, specifically listed, circumstances. Unloaded and in the trunk is not one of those circumstances.

It's a common misconception but per Indiana law that's the way it is.

 

[JBusch8899]

That is incorrect. Having a handgun on your person or in your vehicle is illegal except under certain, specifically listed, circumstances. Unloaded and in the trunk is not one of those circumstances.

It's a common misconception but per Indiana law that's the way it is.

I'm sorry, but you are mistaken.

If one does NOT have a LTCH, one may not carry a handgun, or have it immediately available to one's person while away from one's home, one's outdoor property, or fixed place of business.

Transporting a handgun without a LTCH, requires it to be unloaded and locked within trunk of the car.

Bryan Ciyou, an attorney with Ciyou and Dixon, has written a very good book upon Indiana handgun law. It's worth the money.

 

[The Meach]

A handgun must be unloaded and secured within the trunk of your car if you do not have a LTCH.

I'm sorry, but you are mistaken.

If one does NOT have a LTCH, one may not carry a handgun, or have it immediately available to one's person while away from one's home, one's outdoor property, or fixed place of business.

Transporting a handgun without a LTCH, requires it to be unloaded and locked within trunk of the car.

Bryan Ciyou, an attorney with Ciyou and Dixon, has written a very good book upon Indiana handgun law. It's worth the money.

WRONG!!!

Unless you are Driving it home after you buy it, Transporting to a business THAT YOU OWN, or taking it to a certified gunsmith for service there is NO time when a non-LTCH holder can transport a handgun load or unloaded, assembled or disassembled

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.
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.

 

[Joe Williams]

You always could, according to the law, and of course qualified to certain conditions. A handgun must be unloaded and secured within the trunk of your car if you do not have a LTCH.

This is true only in a very limited number of circumstances. Going to the range, for example, is not one of those circumstances.

 

[Joe Williams]

This is great news. Now, I can legally keep my gun locked in my car while at work or at school. Now, if only they would allow me to CC my .22 SA at work.

Not at school, unfortunately.

 

[dburkhead]

I'm sorry, but you are mistaken.

If one does NOT have a LTCH, one may not carry a handgun, or have it immediately available to one's person while away from one's home, one's outdoor property, or fixed place of business.

Transporting a handgun without a LTCH, requires it to be unloaded and locked within trunk of the car.

Bryan Ciyou, an attorney with Ciyou and Dixon, has written a very good book upon Indiana handgun law. It's worth the money.

I own and have read Mr. Ciyou's book. I don't recall him saying what you claim above. However, if he does, then it just goes to show that even lawyers can be wrong because the Indiana Code says differently see:

WRONG!!!

Unless you are Driving it home after you buy it, Transporting to a business THAT YOU OWN, or taking it to a certified gunsmith for service there is NO time when a non-LTCH holder can transport a handgun load or unloaded, assembled or disassembled

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.
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.

(Thanks "The Meach" for saving me having to look it up.)

Nowhere in there does it permit someone to, in general, carry a handgun in a car so long as it's unloaded and in the trunk. One might argue that the "guns at work" provision is covered by the "fixed place of business" argument but, well, I wouldn't want to try arguing that in court if one is not the business owner or manager and guns were not permitted by the business owner or manager.

Any of our resident attorneys want to address that idea?

 

[JBusch8899]

You always could, according to the law, and of course qualified to certain conditions. A handgun must be unloaded and secured within the trunk of your car if you do not have a LTCH.

That is incorrect. Having a handgun on your person or in your vehicle is illegal except under certain, specifically listed, circumstances. Unloaded and in the trunk is not one of those circumstances.

Go back and read my original post. See the part I stated about qualified to certain conditions? I didn't think that I had to repeat that part when I repeated in my subsequent thread of having to transport within the trunk of the car.

Edit: 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. Simply stated, it can't be available to you while in the car. That is why it must be transported in the prescribed manner.

 

[JBusch8899]

WRONG!!!

Unless you are Driving it home after you buy it, Transporting to a business THAT YOU OWN, or taking it to a certified gunsmith for service there is NO time when a non-LTCH holder can transport a handgun load or unloaded, assembled or disassembled.

1. Transporting to a business that you own? The law doesn't state that. It merely states, "fixed place of business".

2. Certified gunsmith? The law doesn't state that either. It merely states a "place of repair". I know an individual who isn't "certified" in anything, but repairs firearms.

Stop interpreting the statute.

 

[rambone]

Does the new law specifically say that your car must be "locked" ?