Gun confiscated....such bs.

[nate1865]

Don't plead guilty to crimes you didn't commit. #1 method used to convict people is their own admission of guilt.

 

[ATM]

I'm not sure what law was broken here?

Friend with LTCH transports and remains in proximity during range session.

I don't think I'd have plead to anything.

 

[Hoosierdood]

Please post the law that says someone else can't take you and your gun to the range.

I think we all can read between the lines and see that the OP was trying to use some sort of loophole so that he could take his gun to the range. You are right, there is no law that a friend cannot take you or your gun to the range. You are grasping at straws trying to excuse his actions. The CO saw right through his excuse and enforced the law.

It's like driving 60mph in a 55 zone. Sure it's ONLY 5 mph, but if I get stopped I'll take the ticket. Why you ask? Because i took a risk and got nailed.

I'm not trying to flame the OP, I'm just saying that he took a risk. He should have waited till he got his LTCH, then there would be no question. If he had told the CO that the gun belonged to his friend, there would be no problem either.

 

[ATM]

It's like driving 60mph in a 55 zone.

No, that's breaking the law. Entirely different.

There's no loophole - it's either illegal or it's legal.

I say it was legal. Ownership is no part of the handgun law.

 

[RichardR]

*shrug* IANAL but from the information we've been given so far it sounds like the OP was in compliance with the law to me.

 

[canav844]

Curious, what was the cited statute on the ticket?

 

[jsheets1]

I can't remember what the ic was offhand. Just to put another wrinkle in it there are signs at the range clearly stating there is to be no handgun shooting without a license including foid cards are not valid. So yes I did break a law. But other people did as well without repercussions. My permit was well over 30 days expired. My bad definitely. I am most upset ar being singled out. As far as trying to find a loophole. I wasn't in the least. I have shot my friends pistol there many times. My opinion is that I only should have been cited for shooting at a public range without a permit. My wife says that the possession charge is because by shooting it I possesed it. Regardless of being with a legal individual. If that were the case he should have confiscated all handguns I handled. I am glad he didn't do that though. I guess my question is how can you enforce a law halfway though. My biggest my mistake was being honest. I should have told him It was my buddies. I try to be honest with leo whenever I can though. I will never go back to jp again I will tell you that. Over hunting season I had a loaded shotgun pointed at me and was threatend because the area I was hunting was to close to private land and I was In my stand just watching deer on the private land. The hunter that hunts it told me to not look ar deer over there and I better not shoot one. Which I wouldn't anyway. I complained to a co and he said he would " talk" to the guys. Lo and behold my tree stand was stolen. What a coincidence. I believe It was the same co.

 

[ATM]

A range rule is not a law.

How would telling him it wasn't yours have changed anything? What code is that?

 

[long coat]

I think we all can read between the lines and see that the OP was trying to use some sort of loophole so that he could take his gun to the range. You are right, there is no law that a friend cannot take you or your gun to the range. You are grasping at straws trying to excuse his actions. The CO saw right through his excuse and enforced the law.

So the CO can write up anyone at a gun shop or gun show who doesn't have a LTCH?



OP please find the IC.

 

[Hoosierdood]

So the CO can write up anyone at a gun shop or gun show who doesn't have a LTCH?

I have to admit that my conviction is wavering somewhat at this point. Many have made good points regarding him being allowed to be at the range with his firearm. I guess I'm more on the fence now rather than being on one side or the other.

I still say this could have been avoided if the OP had simply waited for his LTCH to come in the mail.

 

[Jack Ryan]

Never mind.

 

[Lucas156]

I am thoroughly confused about this whole thing. I thought it was ok to bring a buddy to the range with you if one party has an ltch. Ive been told several times that as long as one person has an ltch upon transport and being at the range all is fine. What gives? Im gonna look at the faq to try and figure it out myself but I certainly will not be doing this myself.

 

[jsheets1]

The law used to state that you can only transport a handgun from the point of purchase to your home with no stops in between. You can then shoot it on your own property if so allowed.

 

[Lucas156]

Ok according to the FAQ there is no such exception to this rule. Under the new law it may be but at the time the event occurred there doesn't seem to be an exception. Only exception I can think of is if you pick your buddy up who does not have an ltch but you do-he puts the gun in the trunk, and you go to private property to shoot. It appears if you go to public property and he shoots his weapon even though you have an ltch he doesn't and is in violation of the law. Again, this is only looking at it under the old laws that were in effect at the time this occurred.

 

[jsheets1]

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.
As added by P.L.311-1983, SEC.32.

 

[jsheets1]

It seems that even though I did break the law he was still selective as to who enforce it on.

 

[jsheets1]

Also no were in the law does it say it is okay for a father who is licensed is allowed to let his family shoot his pistols. What if I would have said he was my cousin would I have gotten let go too since its family. I bet not.

 

[jsheets1]

I really should have turned my voice recorder on my cell on when he said it is his discretion on when to enforce laws. Would have been discrimination then. So the next day I went and bought 2 more handguns just because I could, but man I really want my M&P back.

 

[TiminMishawaka]

Would have been discrimination then.

 

[kickbacked]

Did the father have an ltch? If so he probably assumed the father owned all of the guns. Your story is different, your friend wasnt allowing you to shoot his guns, you had your own there. However were you on private property? If you were on private property i dont think the law has anything about having a handgun on private property.