Stupidest laws in the State of Indiana

[IndianaGTI]

Ok, what are the stupidest laws in Indiana. In some times and locations in this country, a woman on top during sex could have been considered sodomy and a felony since it was an "unnatural sex act".

Which law in Indiana do you think is the stupidest, please provide a cite!

I will start off.

IC 35-45-5-4
Promoting professional gambling; acts constituting; boat manufacturers; public utilities

(c) When a public utility is notified by a law enforcement agency acting within its jurisdiction that any service, facility, or equipment furnished by it is being used or will be used to violate this section, it shall discontinue or refuse to furnish that service, facility, or equipment, and no damages, penalty, or forfeiture, civil or criminal, may be found against a public utility for an act done in compliance with such a notice. (Emphasis added)

Once, the IGC served a search warrant on a business. They only found the patrons playing monopoly for fun. Nothing was confiscated, no charges were filed, no one was arrested.
However, the IGC sent letters to the utility companies requiring the utilities to turn off the business's power. Apparently, the IGC consulted its crystal ball and determined that the establishment would be used in the future for illegal gambling. So with no hearing and no requirement of any reasonable suspicion, the IGC was able to effect a taking of an individuals property right. Who needs due process of law when you have a crystal ball?

 

[kludge]

Someone who is 17 years 364 days old can legally transport an unloaded handgun in his vehicle to the shooting range, a shooting match, or to go hunting.

That same person the very next day can not.

He'll have to wait about 8-12 weeks for the ISP to process him like a criminal before he can get permission to do that anymore.

 

[a.bentonab]

Someone who is 17 years 364 days old can legally transport an unloaded handgun in his vehicle to the shooting range, a shooting match, or to go hunting.

That same person the very next day can not.

He'll have to wait about 8-12 weeks for the ISP to process him like a criminal before he can get permission to do that anymore.

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.

So if you are 17.9 years old you aren't a person?

Care to elaborate?

 

[buzzined]

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.

Think these are the only exemptions. Does not say anything about a minor being aloud to transport a firearm.

 

[sj kahr k40]

I believe Kludge is referring to this statute


IC 35-47-2.5-14
Providing handgun to ineligible purchaser; exemptions
**** Sec. 14. (a) This section does not apply to a person who provides a handgun to the following:
********(1) A child who is attending a hunters safety course or a firearms safety course or an adult who is supervising the child during the course.
********(2) A child engaging in practice in using a firearm for target shooting at an established range or in an area where the discharge of a firearm is not prohibited or is supervised by:
************(A) a qualified firearms instructor; or
************(B) an adult who is supervising the child while the child is at the range.
********(3) A child engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under Section 501(c)(3) of the Internal Revenue Code that uses firearms as a part of a performance or an adult who is involved in the competition or performance.
********(4) A child who is hunting or trapping under a valid license

issued to the child under IC*14-22.
********(5) A child who is traveling with an unloaded firearm to or from an activity described in this section.
********(6) A child who:
************(A) is on real property that is under the control of the child's parent, an adult family member of the child, or the child's legal guardian; and
************(B) has permission from the child's parent or legal guardian to possess a firearm.
****(b) A person who purchases a handgun with the intent to:
********(1) resell or otherwise provide the handgun to another person who the person knows or has reason to believe is ineligible for any reason to purchase or otherwise receive from a dealer a handgun; or
********(2) transport the handgun out of the state to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm;
commits a Class D felony.
****(c) If the violation of this section involves a transfer of more than one (1) handgun, the offense is a Class C felony.
As added by P.L.17-1997, SEC.8.

 

[buzzined]

If I am reading this right, Statue IC 35-47-2.5-14 says it is ok for an adult without a permit to transport a unloaded gun for a minor, as long as the minor is with them, to a range not for a minor to drive to the range with a gun.

 

[ggglobert9]

When I was in high-school...long time ago! There was a law still from "the old days" that allowed a student to be excused I think it was two days to hunt. We used to go rabbit and deer hunting excused. The only way we knew this was because our asst principle was a really cool guy that let us do this kind of stuff. I wouldn't know where to look to see if this is still valid?

 

[sj kahr k40]

If I am reading this right, Statue IC 35-47-2.5-14 says it is ok for an adult without a permit to transport a unloaded gun for a minor, as long as the minor is with them, to a range not for a minor to drive to the range with a gun.

That's the way I read it too

 

[Bunnykid68]

How about most of the laws on the books

 

[kludge]

If I am reading this right, Statue IC 35-47-2.5-14 says it is ok for an adult without a permit to transport a unloaded gun for a minor, as long as the minor is with them, to a range not for a minor to drive to the range with a gun.

No, I'm saying that the child from the day of his birth to age 17 and 364 days can legally transport an unloaded handgun to the range, hunting, etc.

It is illegal for an adult to do the same.

IC 35-47-2.5-14
Providing handgun to ineligible purchaser; exemptions
Sec. 14. (a) This section does not apply to a person who provides a handgun to the following:
(1) A child who is attending a hunters safety course or a firearms safety course or an adult who is supervising the child during the course.
(2) A child engaging in practice in using a firearm for target shooting at an established range or in an area where the discharge of a firearm is not prohibited or is supervised by:
(A) a qualified firearms instructor; or
(B) an adult who is supervising the child while the child is at the range.
(3) A child engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under Section 501(c)(3) of the Internal Revenue Code that uses firearms as a part of a performance or an adult who is involved in the competition or performance.
(4) A child who is hunting or trapping under a valid license issued to the child under IC 14-22.
(5) A child who is traveling with an unloaded firearm to or from an activity described in this section.
(6) A child who:
(A) is on real property that is under the control of the child's parent, an adult family member of the child, or the child's legal guardian; and
(B) has permission from the child's parent or legal guardian to possess a firearm.
(b) A person who purchases a handgun with the intent to:
(1) resell or otherwise provide the handgun to another person who the person knows or has reason to believe is ineligible for any reason to purchase or otherwise receive from a dealer a handgun; or
(2) transport the handgun out of the state to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm;
commits a Class D felony.
(c) If the violation of this section involves a transfer of more than one (1) handgun, the offense is a Class C felony.

And although it is not specified for Chapter 2.5, I would err on the side of caution and apply the definition of "Loaded" as it applies to children in Chapter 10.

IC 35-47-10-4
"Loaded" defined
Sec. 4. As used in this chapter, "loaded" means having any of the following:
(1) A cartridge in the chamber or cylinder of a firearm.
(2) Ammunition in close proximity to a firearm so that a person can readily place the ammunition in the firearm.

 

[kludge]

P.S.

I'm not saying that it's a stupid law to allow a child to transport a handgun, I'm saying it's stupid that an adult can't.

 

[ssgjason]

SBS laws. We can have AOWs not not SBS
Automatic knife laws. I can carry a handgun but not a pocket knife whose blade opens with the push of a button

 

[eldirector]

- No alcohol sales on Sunday.
- No car sales on Sunday.
- No alcohol sales on election days.
- Inheritance tax (death tax).
- Any tax on vices (prospering from other people vice?)
- The drinking age (you can vote, and join the military, but you have to be sober for 3 more years.
- Most of the sex offender laws (residency, work, registration, etc...). Some things get you on "the list" that are hardly deserving. If you are on "the list", why aren't you still in jail?
- Gambling laws

The list goes on and on....

 

[kludge]

LOL, I just found another inconsistency in the Indiana Code regarding handgun licenses...

By a strict reading of the law, no Qualified ("for hunting and target practice") licenses to carry a handgun may be issued to any person.

To whit:

IC 35-47-2-3
Application for license to carry handgun; procedure
Sec. 3. (e) If it appears to the superintendent that the applicant:
(1) has a proper reason for carrying a handgun;
(2) is of good character and reputation;
(3) is a proper person to be licensed; and
(4) is:
(A) a citizen of the United States; or
(B) not a citizen of the United States but is allowed to carry a firearm in the United States under federal law;
the superintendent shall issue to the applicant a qualified or an unlimited license to carry any handgun lawfully possessed by the applicant.

IC 35-47-1-8
"Proper reason"
Sec. 8. "Proper reason" means for the defense of oneself or the state of Indiana.

"Hunting and target practice" is not a "proper reason" for a LTCH, therefore the ISP has no legal authority to issue a Qualified LTCH.

 

[Fargo]

No, I'm saying that the child from the day of his birth to age 17 and 364 days can legally transport an unloaded handgun to the range, hunting, etc.

It is illegal for an adult to do the same.



And although it is not specified for Chapter 2.5, I would err on the side of caution and apply the definition of "Loaded" as it applies to children in Chapter 10.

What makes you think that anything in IC-35-47-2.5 provides a defense to an offense alleged under IC-35-47-2-1?

The list you quote appears to be exceptions to sub (b) of IC-35-47-2.5:

(b) A person who purchases a handgun with the intent to:
(1) resell or otherwise provide the handgun to another person who the person knows or has reason to believe is ineligible for any reason to purchase or otherwise receive from a dealer a handgun; or
(2) transport the handgun out of the state to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm;
commits a Class D felony.
(c) If the violation of this section involves a transfer of more than one (1) handgun, the offense is a Class C felony.

I see nothing that makes it an exception to IC-35-47-2-1.

Best,

Joe

 

[warmachine]

LOL, I just found another inconsistency in the Indiana Code regarding handgun licenses...

By a strict reading of the law, no Qualified ("for hunting and target practice") licenses to carry a handgun may be issued to any person.

To whit:





"Hunting and target practice" is not a "proper reason" for a LTCH, therefore the ISP has no legal authority to issue a Qualified LTCH.

Shhhhhh!!! Dont give them any ideas!!!

 

[JJGatesE30]

duh...no alcohol on sunday.

 

[Armed Eastsider]

No alcohol sales on Sunday.
No car sales on Sunday.

Honestly cant believe these are still valid.

 

[DarkRose]

No alcohol sales on Sunday.
No car sales on Sunday.

Honestly cant believe these are still valid.

Just had this discussion with my mother, a legal secretary for almost 30 years...

According to what she has heard and read, those are due to pressure from the vendors themselves. Car dealers want one day a week to take a break, and so do liquor stores, if they allowed sSnday sales of booze, liqour stores would need to be open on Sundays to compete with supermarkets and such who already are.
The liqour stores that raise a fuss are the ones close to the border who do possibly lose sales to people hopping the state line.
Restaurants already SERVE alcohol on sundays, so if you want a drink you can still get one (as I tend to do from time to time)

That's how it was explained to me

 

[buzzined]

No car sales on Sunday is just plain stupid. As for no alcohol on Sunday I have read they trying to pass a law to make it legal to sell alcohol on Sunday.