Transporting a handgun without a license. OFFICIAL!!!!!!

[Roadie]

I was always under the assumption a handgun can be transported unloaded in a secure container as long as there is no loose ammo, loaded speedloader or magazine . The firearm cannot be in any ready mode. Thanks INGO.

A lot of us were under the same impression. In fact, some of us had LEOs tell us it was OK too, as that was their impression.

They were wrong. Not worth the chance. Before I had my LTCH, I wanted to go to the range. A good friend of mine picked up my gun and took it in his car, while my wife and I were in another car.

 

[finity]

I really hate to burst some people's bubble on this but I think that Capt Marte is incorrect in his interpretation that the statute allows the transportation of a handgun back & forth from a residence to a business.

(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.

From the above there are only 3 exceptions to transport without a license:

1. from the place of purchase to your home OR business - that's an "or", not both

2. to or from a place of repair & back to your residence or business

3. moving from one residence to another or business location to another. The definition of "moving" they are referring to, IMO, is "changing your address of residence or business". You know, U-haul type moving, not changing your body's position to another location.

You have to remember that Capt Marte is just a LEO. A big-wig LEO, but still just a LEO. Unless I got an opinion of the state AG in writing that says it's OK. I don't think I'd be dragging my pistol back & forth to work without a LTCH, even if it is unloaded & in a secure wrapper.

 

[ATM]

3. moving from one residence to another or business location to another. The definition of "moving" they are referring to, IMO, is "changing your address of residence or business". You know, U-haul type moving, not changing your body's position to another location.

...I don't think I'd be dragging my pistol back & forth to work without a LTCH, even if it is unloaded & in a secure wrapper.

Has been my interpretation as well.

 

[MoparEric]

Well I just got pulled over by city officer tonight. I am used car dealer and I was test driving on of my cars and had the license plate in the back window. The officer didnt see it and pulled me over. when he was questioning me, he noticed a blue case in the back seat. I had S&W case with a 22a in it, unloaded. He asked me if I had a firearm in the car, then asked me if it was loaded. I said NO, he then asked me if I had ammo, I said yes it is next to the case. He then asked if I had a permit, I said yes, But I dont have it on me. Dumba** me left on the counter when I left home. He said when I dont have the permit the gun and ammo need to separated IE gun/ammo glove box and gun/ammo trunk. I said would you like me to put it in the trunk, he replied no It's cold out here just make sure you take care of next time. He then said have a good night, got in the car and left.

 

[Blue Tile Spook]

Well I just got pulled over by city officer tonight. I am used car dealer and I was test driving on of my cars and had the license plate in the back window. The officer didnt see it and pulled me over. when he was questioning me, he noticed a blue case in the back seat. I had S&W case with a 22a in it, unloaded. He asked me if I had a firearm in the car, then asked me if it was loaded. I said NO, he then asked me if I had ammo, I said yes it is next to the case. He then asked if I had a permit, I said yes, But I dont have it on me. Dumba** me left on the counter when I left home. He said when I dont have the permit the gun and ammo need to separated IE gun/ammo glove box and gun/ammo trunk. I said would you like me to put it in the trunk, he replied no It's cold out here just make sure you take care of next time. He then said have a good night, got in the car and left.

+1 to the officer for giving you the benefit of the doubt!

Get that permit in your wallet, boy!

Like American Express - Don't leave home without it!

 

[Scutter01]

I'd say you lucked out.

 

[Roadie]

I'd say you lucked out.

 

[MoparEric]

+1 to the officer for giving you the benefit of the doubt!

Get that permit in your wallet, boy!

Like American Express - Don't leave home without it!

Yes I was lucky, I never have good luck, something must be wrong! LOL

 

[samot]

He said when I dont have the permit the gun and ammo need to separated IE gun/ammo glove box and gun/ammo trunk.

Sounds like to me even this LEO thinks its ok to carry the pistola WItHOUT a permit as long as the ammo & firearm are seperate ....?

 

[Roadie]

Sounds like to me even this LEO thinks its ok to carry the pistola WItHOUT a permit as long as the ammo & firearm are seperate ....?

Yes, that is how it appears, however, we have stories on here of the opposite happening and actual arrests for doing so.

We also have documented cases of LEOs thinking Open Carry is illegal in Indiana. Bottom line is, LEOs can't memorize EVERY law, and they do make mistakes. In this case, it was in a gun owner's favor, sometimes it isn't, but the fact is that you CANNOT carry a handgun in your car without an LTCH except under a very few specific circumstances.

Don't chance it, it isn't worth possible arrest and/or losing your LTCH.

 

[critter592]

Ok, I'm not trying to get away with anything but let me pose this question. If the range (indoor) I go to has a shop that can do repairs then I would be covered under the law. Does it mean I need repairs or I'm just transporting to a place where repairs can be done? I know it's stretching the intent of the law but really how would an officer prove otherwise?

 

[jedi]

Don't chance it, it isn't worth possible arrest and/or losing your LTCH.

https://www.indianagunowners.com/fo...89-sheriffs_are_our_last_line_of_defense.html

I say the LEO in this case was actually a Peace Officer and might had read and is following the book above.

 

[Bill of Rights]

...
Don't chance it, it isn't worth possible arrest and/or losing your LTCH.

You won't. As long as you can show that you had one, just not on you, you're in the clear.

IC 35-47-2-24
Indictment or information; defendant's burden to prove exemption or license; arrest, effect of production of valid license, or establishment of exemption
Sec. 24. (a) In an information or indictment brought for the enforcement of any provision of this chapter, it is not necessary to negate any exemption specified under this chapter, or to allege the absence of a license required under this chapter. The burden of proof is on the defendant to prove that he is exempt under section 2 of this chapter, or that he has a license as required under this chapter.
(b) Whenever a person who has been arrested or charged with a violation of section 1 of this chapter presents a valid license to the prosecuting attorney or establishes that he is exempt under section 2 of this chapter, any prosecution for a violation of section 1 of this chapter shall be dismissed immediately, and all records of an arrest or proceedings following arrest shall be destroyed immediately.
As added by P.L.311-1983, SEC.32.

(emphasis mine)

Blessings,
Bill

 

[Bill of Rights]

Ok, I'm not trying to get away with anything but let me pose this question. If the range (indoor) I go to has a shop that can do repairs then I would be covered under the law. Does it mean I need repairs or I'm just transporting to a place where repairs can be done? I know it's stretching the intent of the law but really how would an officer prove otherwise?

The law says you can transport unloaded and cased to a place of repair and does not specify that you must get it repaired there.

By the letter of the law, yes, I'm of the opinion that you'd be OK, but it's anyone's guess what would happen if they started considering the intent.

(Standard disclaimers apply: IANAL, IDPOOTV, IDSIAHIELN)

It's like the thing about schools; I asked an attorney once to parse the actual language, and while to read it as it is written, any person employed or authorized by the school for anything may carry there, his opinion was that a court would disregard the punctuation and go after the intent that only a person employed to provide security could do so.

Blessings,
Bill

 

[indianajoe]

I agree that owners should understand the law and circumstances in which it applies. It just makes sense to get the LTCH, carry it, and then continue to educate one's self and ask the good questions. But just get it. I'd rather have the license, know I'm covered, and not have to worry about all the possible interpretations of "moving." Just get it. And leave the parsing of words to the Arkansans: The Meaning of Is

 

[rhart]

Wow, I wonder how old that is? I guess I have misinformed people over the years. We told people for years that they could transport them to a gun dealer or gunsmith in a case. Goes to show, you gotta check on them "wifes tales"
Now excuse me. I gotta leave and I cant find my shoes, you cant drive without them you know , its against the law!

 

[finity]

Wow, I wonder how old that is? I guess I have misinformed people over the years. We told people for years that they could transport them to a gun dealer or gunsmith in a case. Goes to show, you gotta check on them "wifes tales"

A gunsmith would be OK. The dealer would be out though. Unless, of course, he was also a gunsmith.

 

[sjstill]

RE: ECPR (or ECPL ??), I have ALWAYS told folks on the phone that technically, a Hunting/Target shooting license is required to transport a handgun from home to the range.

A gunshop I used to work always told folks their receipt "Gave them 24 hours to get the pistol home"... I always had to hold my tongue.

 

[oneford4x4]

dnr book sad you don't need a license to hunt on your place or any of your family because it is private proterty but you have to use legal hunting equitment such bo handgun in the right cal. if hunting deer or shotgun small game i don't know

 

[sjstill]

dnr book sad you don't need a license to hunt on your place or any of your family because it is private proterty but you have to use legal hunting equitment such bo handgun in the right cal. if hunting deer or shotgun small game i don't know

Sweet Jebus, your English teacher is spinning in her grave.