new carry laws broken down

[tradertator]

I received an email from the prosecutors office, explaining the new laws that go into effect. Here is the section in regards to firearms. If you want the rest of it, let me know.

• Carrying a Handgun (35-47-2-1)
  • Old law: need license for vehicle or on your person, except when in home, on own property or fixed place of business
  • Now: still need license for vehicle or on your person, unless:
    • (1) you’re on own property (rent/own);
    • (2) you’re lawfully present on someone else’s property and you (a) have their consent to have the gun there; (b) you’re attending a firearms related event; OR (c) you’re there for gun repair; OR
    • (3) you’re carrying it in your own vehicle (rent/own) or one you legally control and the gun is unloaded; not readily accessible; and secured in a case; OR
    • (4) you’re carrying it while lawfully present in someone else’s vehicle and the gun is unloaded, not readily accessible and secured in a case; OR
    • (5) you’re carrying it at a shooting range, during a firearms course, or while legally hunting;

 

[cedartop]

Thanks for that.

 

[gdkaiser]

It's nice to see there is some one in Indy that is really make gun laws that are not full of local restrictions... does anyone have the link to the full statute ?

 

[tradertator]

Ø Carrying a Handgun Without a License

SECTION 1. IC 35-47-2-1, AS AMENDED BY P.L.118-2007, SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Except as provided in subsection subsections (b) and (c) 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 being licensed under this chapter being in the person's possession. to carry a handgun.
(b) Except as provided in subsection (c), a person may carry a handgun without being licensed under this chapter to carry a handgun if:
(1) the person carries the handgun on or about the person's body in or on property that is owned, leased, rented, or otherwise legally controlled by the person;
(2) the person carries the handgun on or about the person's body while lawfully present in or on property that is owned, leased, rented, or otherwise legally controlled by another person, if the person:
(A) has the consent of the owner, renter, lessor, or person who legally controls the property to have the handgun on the premises;
(B) is attending a firearms related event on the property, including a gun show, firearms expo, gun owner's club or convention, hunting club, shooting club, or training course; or
(C) the person is on the property to receive firearms related services, including the repair, maintenance, or modification of a firearm;
(3) the person carries the handgun in a vehicle that is owned, leased, rented, or otherwise legally controlled by the person, if the handgun is:
(A) unloaded;
(B) not readily accessible; and
(C) secured in a case;
(4) the person carries the handgun while lawfully present in a vehicle that is owned, leased, rented, or otherwise legally controlled by another person, if the handgun is:
(A) unloaded;
(B) not readily accessible; and
(C) secured in a case; or
(5) the person carries the handgun:
(A) at a shooting range (as defined in IC 14-22-31.5-3);
(B) while attending a firearms instructional course; or
(C) while engaged in a legal hunting activity.
(b) (c) 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.
(d) This section may be not construed:
(1) to prohibit a person who owns, leases, rents, or otherwise legally controls private property from regulating or prohibiting the possession of firearms on the private property;
(2) to allow a person to adopt or enforce an ordinance, resolution, policy, or rule that:
(A) prohibits; or
(B) has the effect of prohibiting;
an employee of the person from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle, unless the person's adoption or enforcement of the ordinance, resolution, policy, or rule is allowed under IC 34-28-7-2(b); or

(3) to allow a person to adopt or enforce a law, statute, ordinance, resolution, policy, or rule that allows a person to possess or transport a firearm or ammunition if the person is prohibited from possessing or transporting the firearm or ammunition by state or federal law.

SECTION 2. IC 35-47-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: 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 the commissioner 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; or
(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 the person's 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.

 

[CTC B4Z]

Definately easier, but to practice the safe ways, I'll remain with LTCH on person at ALL times.

 

[ccrise]

Someone told me that the new law will allow to carry on public transportation (City bus) as long as you have LTCH. Do you know if this is correct or not?

 

[o Mr Cadillac o]

Thanks!

 

[STEEL CORE]

thank you Tradertator for making sense out of all the legal mumbo jumbo, now (I have a LTCH) that I know who can do what, I am curious if who can do what where?

I mean you basicaly broke down the law of who can carry when (Even so an IU grad like me can understand), but has the where you can carry rules changed any?

Obviously places posted NO GUNS like the courthouses or airport sterile/secure area, and I have to be careful to leave my Glock locked up when entering school zone property, but is there something/someplace I am missing associated with buildings/area's/zones of carry?

Thanks in advance.

 

[tradertator]

^To my knowledge, nothing has changed in that regard.

 

[finity]

^To my knowledge, nothing has changed in that regard.

Actually, lots of stuff has changed in that regard.

The new pre-emption law makes it illegal for any political subdivision below the state level to enact any firearms laws...with a few exceptions.

No non-carry zones that were in the IC (state level) have changed - secure areas of airports, pre-K thru 12 schools, daycares, state house, state fair, etc are all still in effect.

No-carry zones enacted by LOCAL governments are now invalid (except in certain situations). The biggest things I see that could change are eliminating rules on carrying in city/county parks, police stations & city/ county buildings that don't also contain courtrooms. City bans on certain types of guns or certain types of carry are also invalid.

 

[Bill of Rights]

thank you Tradertator for making sense out of all the legal mumbo jumbo, now (I have a LTCH) that I know who can do what, I am curious if who can do what where?

I mean you basicaly broke down the law of who can carry when (Even so an IU grad like me can understand), but has the where you can carry rules changed any?

Obviously places posted NO GUNS like the courthouses or airport sterile/secure area, and I have to be careful to leave my Glock locked up when entering school zone property, but is there something/someplace I am missing associated with buildings/area's/zones of carry?

Thanks in advance.

Of note, breaking down your Glock in school zones will NOT protect you from prosecution. The only ways you can lawfully have a gun on school property under current IN law are to have it in your car which you are driving (and thus, remain in) while transporting another person to or from the school, to have permission to bring a gun there from the principal or superintendent of schools, or to be a cop. A broken-down gun is still a gun in the eyes of the law and a school is never not considered a school. If you have a gun in your car, do yourself a favor and park off campus.

Blessings,
Bill

 

[thompal]

Of note, breaking down your Glock in school zones will NOT protect you from prosecution. The only ways you can lawfully have a gun on school property under current IN law are to have it in your car which you are driving (and thus, remain in) while transporting another person to or from the school, to have permission to bring a gun there from the principal or superintendent of schools, or to be a cop. A broken-down gun is still a gun in the eyes of the law and a school is never not considered a school. If you have a gun in your car, do yourself a favor and park off campus.

Blessings,
Bill

Which is one of the really stupid aspects of this law.

As an example, you may have a gun in your car to pick up your child from school, and be perfectly legal. If however, you have to get out of the car for some reason, to speak to a teacher or load a science project for example, even if the gun is locked in the trunk, as soon as you get out of the car, you are committing a felony.

Also, as another example, let's say that my wife doesn't have her LTCH. There is no legal way for us to comply with the law if she drives to pick up our kid while I am a passenger, since the LTCH-holder must be operating the car. We would have to stop somewhere before we get to the school and switch drivers in order to not commit a felony, from what I understand.

 

[finity]

Of note, breaking down your Glock in school zones will NOT protect you from prosecution.

Neither will "locking it up" as Steel core said he had done.

Which is one of the really stupid aspects of this law.

Why, yes. Yes it is...