Non resident legal to open carry?

[WC Deer Hunter]

I was thinking about this and couldn't find anything on it so here goes. My dad and brother both live outside of Indiana and they live indifferent states. Both have ccw permits from there states. When they are here visiting can they legally open carry or must they conceal since they have a " conceal carry permit" and that is how they are required to carry in home there home states? I know both they're states allow open carry without a permit. I was just curious.

 

[Bill B]

If their permit says concealed, then they must conceal.

Now, I'm doubting myself. I believe that if their permit says concealed, they have to conceal.

 

[Bunnykid68]

Does Indiana recognize their permits is the first question that needs to be answered

 

[Bill B]

Indiana recognizes all [STRIKE]resident[/STRIKE] permits.[STRIKE] If you are from Illinois you cannot use a utah non-res permit to carry in Indiana[/STRIKE].

oops, remembered it wrong. I was thinking about the "not a resident of indiana" part..

 

[WC Deer Hunter]

Does Indiana recognize their permits is the first question that needs to be answered

Yes

 

[Bunnykid68]

Indiana recognizes all resident permits. If you are from Illinois you cannot use a utah non-res permit to carry in Indiana.

No sarcasm here, does Indiana really recognize all out of state permits/licenses?

 

[Scutter01]

Indiana recognizes all resident permits. If you are from Illinois you cannot use a utah non-res permit to carry in Indiana.

Of course you can. Indiana doesn't care if it's a res or a non-res permit.

IC 35-47-2-21
Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
Sec. 21. (a) Retail dealers' licenses issued by other states or foreign countries will not be recognized in Indiana except for sales at wholesale.
(b) Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.
As added by P.L.311-1983, SEC.32.

"According to the terms thereof" answers your OC question. If the license says "Concealed only", then it must be concealed. If it says "Only handgun with serial number 12345", then you can only carry the handgun with serial number "12345".

 

[billybob44]

Indiana Honors All.

Does Indiana recognize their permits is the first question that needs to be answered

Indiana Honors all other states Permit/Licenses.

http://www.handgunlaw.us/states/indiana.pdf

That should answer that Q....Bill.

 

[Hoosierdood]

Indiana recognizes all resident permits. If you are from Illinois you cannot use a utah non-res permit to carry in Indiana.

This is wrong. Indiana recognizes ALL licenses and permits. There is no requirement that you be a resident of that state. The only stipulation is that you CANNOT be a resident of Indiana.

 

[xmanhockey7]

Indiana recognizes all permits and does not distinguish between open carry and concealed carry simply carry. I carry on a North Dakota non-resident CWP in Indiana.

ETA: I'm not a resident of Indiana.

 

[WC Deer Hunter]

Of course you can. Indiana doesn't care if it's a res or a non-res permit.



"According to the terms thereof" answers your OC question. If the license says "Concealed only", then it must be concealed. If it says "Only handgun with serial number 12345", then you can only carry the handgun with serial number "12345".

Thank you.

That pretty much sums it up right there.

 

[shibumiseeker]

No sarcasm here, does Indiana really recognize all out of state permits/licenses?

Indiana recognizes a permit/license from any legal government.

 

[xmanhockey7]

If their permit says concealed, then they must conceal.

Now, I'm doubting myself. I believe that if their permit says concealed, they have to conceal.

What law says so? The fact its says "terms there of"? Indiana does not recognize between open carry and concealed carry simply carry. My CWP allows me to carry a concealed weapon but is not a "term" of the permit.

 

[Scutter01]

What law says so? The fact its says "terms there of"? Indiana does not recognize between open carry and concealed carry simply carry. My CWP allows me to carry a concealed weapon but is not a "term" of the permit.

The law that I quoted above. If the terms of your permit specify it, then you must adhere to it. Note that this is different than adhering to the law of the state in which it's issued. The best example I can give is the State of New York which prints the model and serial number of the guns you're permitted to carry directly on the license. You are not authorized to carry any other gun. While Indiana doesn't care which gun you carry, you are still bound by the terms of your permit.

By the same token, if the terms of the permit say "Concealed Only", then it stands to reason that you may not open carry or you will be in violation of the terms of your permit under IC 35-47-2-21.

As far as I know, this has not been tested in court, and given the general lack of knowledge regarding the details of firearms laws amongst law enforcement, it's likely to be a technicality that would go unnoticed and unchallenged. However, that doesn't mean it's legal; it just means you'll probably get away with it.

 

[Bunnykid68]

The law that I quoted above. If the terms of your permit specify it, then you must adhere to it. Note that this is different than adhering to the law of the state in which it's issued. The best example I can give is the State of New York which prints the model and serial number of the guns you're permitted to carry directly on the license. You are not authorized to carry any other gun. While Indiana doesn't care which gun you carry, you are still bound by the terms of your permit.

By the same token, if the terms of the permit say "Concealed Only", then it stands to reason that you may not open carry or you will be in violation of the terms of your permit under IC 35-47-2-21.

 

[bartb]

So technically a residents of KY with a CCDW license could only conceal in IN. Even though, KY residents can openly (in KY) carry without a license. Seems a bit messed up.

 

[catielynnb]

So technically a residents of KY with a CCDW license could only conceal in IN. Even though, KY residents can openly (in KY) carry without a license. Seems a bit messed up.

That was my question. For KY residents we don't need a license to OC... so why would, or rather how would Indiana law make it so we can only CC. The license itself, as in on the card, says Conceal Carry.

I don't know, and I'm not really sure. Hmm...

 

[BlueEagle]

Interesting topic...I had not thought of this before. Was under the impression that if you had a permit that was reciprocated by Indiana, you could OC or CC at your will.

So, how would someone from Kentucky, (such as Catielynnb right above me here,) go about OC'ing in Indiana? Would that even be possible? Seems odd to me that a resident, (with a license,) of a state that allows Open Carry without a license could come to a state that allows OC with a license, and not be allowed to OC....

Oh well. Learn something every day.

 

[Scutter01]

I suspect that the person who wrote the clause didn't consider all the ramifications that a vaguery like "according to the terms thereof" would cause. It seems to me that the intent was to restrict you to only carrying the type of firearm for which you may be licensed, rather than the specific way in which you carry it. However, the "intent" of a law, as we all know, is rarely the way it will actually be interpreted by a court. The courts seem to prefer the letter of the law.

 

[BlueEagle]

Somebody should write a letter or something. Get this addressed and clarified.