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  • cmr13

    Expert
    Rating - 100%
    2   0   0
    Oct 16, 2013
    1,028
    48
    Elkhart County
    You're right, a LTCH doesn't apply to any kind of firearms sales.
    You dont need a LTCH to purchase a gun (either long gun or handgun) from either a FFL or a private seller.

    Correct, but what I was referring to was an LTCH applying to being able to carry the shotgun out with you, around, etc.
     

    chezuki

    Human
    Rating - 100%
    50   0   0
    Mar 18, 2009
    34,231
    113
    Behind Bars
    Correct me if I am wrong, an LTCH wouldn't even apply to a shotgun. And an LGS would do a background check already. So why would they want to see your LTCH?

    Kinda tricky in Indiana... The LTCH only applies to HANDGUNS (you know, the "H" part of LTCH).

    The FEDERAL Gun-Free School-Zone Act prohibits any firearms within 1000ft of school property unless certain criteria are met, one of which is that you are licensed to posses said firearm in your state. Since Indiana requires no license to possess a long gun, by the letter of the federal law it is illegal to posses one within 1000ft of a school unless another of the criteria is met (such as being unloaded and in a locked case).

    Basically, the gun store had a small amount of knowledge but wasn't interpreting it correctly. To be 100% compliant in Indiana, ALL long guns sold should be unloaded and secured if the gun shop is within 1000 feet of school property.

    18 U.S.C. § 922(q)(2)(A) states:

    It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

    18 U.S.C. § 922(q)(3)(A) states:

    Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone.

    Exceptions[edit]
    Pursuant to 18 U.S.C. § 922(q)(2)(B):

    [18 U.S.C. § 922(q)(2)(A)] does not apply to the possession of a firearm—

    (i) on private property not part of school grounds;

    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

    (iii) that is—

    (I) not loaded; and

    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

    (iv) by an individual for use in a program approved by a school in the school zone;

    (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

    (vi) by a law enforcement officer acting in his or her official capacity; or

    (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

    Pursuant to 18 U.S.C. § 922(q)(3)(B):

    [18 U.S.C. § 922(q)(3)(A)] does not apply to the discharge of a firearm—

    (i) on private property not part of school grounds;

    (ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;

    (iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or

    (iv) by a law enforcement officer acting in his or her official capacity.

    Definitions[edit]
    Pursuant to 18 U.S.C. § 921(a)(25):

    The term "school zone" means—

    (A) in, or on the grounds of, a public, parochial or private school; or

    (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

    Pursuant to 18 U.S.C. § 921(a)(26) the term "school" means a school which provides elementary or secondary education, as determined under State law.
     

    AngryRooster

    Master
    Rating - 100%
    18   0   0
    Apr 27, 2008
    4,591
    119
    Outside the coup
    For those who insist that looking at a LTCH or DL is unnecessary and refuse to do it...What do you do if you meet up with someone who is driving a car with out of state plates? Will you ask anything then or do you still feel it doesn't matter?
     

    ATM

    will argue for sammiches.
    Site Supporter
    Rating - 100%
    30   0   0
    Jul 29, 2008
    21,019
    83
    Crawfordsville
    For those who insist that looking at a LTCH or DL is unnecessary and refuse to do it...What do you do if you meet up with someone who is driving a car with out of state plates? Will you ask anything then or do you still feel it doesn't matter?

    It still doesn't matter, no law would compel me to examine their plates.

    If I did notice and suspected that they might be misrepresenting their state of residence when asked, as I stated earlier, I'd probably ask for some proof for my own satisfaction before completing the transaction.

    This is far less involved or fraught with legal danger than most people want to claim it is.
     
    Last edited:

    savage308

    Plinker
    Rating - 100%
    2   0   0
    Feb 15, 2012
    114
    18
    Ft. Wayne
    There are a few items I have wanted to buy but seller wanted LTCH so I never went any further than looking at the item. Maybe someday I will get myself back down to the PD to renew mine.
    I don't blame them one bit for wanting to see it, I would be the same way. It is just a little more insurance that the purchaser is legal to own and to cover the sellers butt a bit. Especially
     

    Jack Burton

    Shooter
    Rating - 0%
    0   0   0
    Jul 9, 2008
    2,432
    48
    NWI
    Because a LTCH isn't required to purchase or own firearms, whether pistol or rifle.

    Sure it is. If I am selling a gun to a purchaser and I "require" it before the transaction goes down then it is "required."

    This is not that difficult to understand. I, as a seller, could ask the buyer to do the chicken dance for me before I sell him a gun if I so desire. It is up to the buyer to decide if he wants to do so.
     
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