When did Indiana start issuing LTCH ?

[dougo3]

I grew up in IN. Moved away in 1985. IIRC it was nearly impossible to get permit/license for handgun. Twenty years later I move back. Now you can get LTCH and Buy Fireworks..... but you still cannot but beer on Sunday...go figure?

 

[possum_128]

I am not sure, but I read somewhere it was in the 1920's. I first had mine in 1973 and my dad and uncles had their's when I was little, so it's been around for a long time. I seem to remember that it used to be a shall Issue a long time ago, as I believe I had to have a reason for it. I do remember for the reason I always put down the 2nd amendment and never had a problem.

Maybe someone with more knowledge will chime in and may correct me, but it's what I remember.

 

[Jubbie]

I've tried looking up dates before, and all I find are postings about people trying to find the dates. Would be nice to know when changes were made to the LTCH's. As for beer, I believe they just passed something where local/microbreweries are/will be allowed to sell on Sundays. Not sure when that takes effect.

 

[melensdad]

I grew up in IN. Moved away in 1985. IIRC it was nearly impossible to get permit/license for handgun. Twenty years later I move back. Now you can get LTCH and Buy Fireworks..... but you still cannot but beer on Sunday...go figure?

Its my understanding that we've had the ability to carry a gun for over 70 years.

I got my first LTCH back in the mid-80's, probably about 1985. It was simple and easy to do.

 

[Farmritch]

Never had any issues getting mine I got it first when I was 19 in 1982

 

[dougo3]

Thanks for the replies. I seem to remember you had to have a specific reason to apply, like if you had to transport deposits from a business to the bank etc. I guess I am wrong. Thanks again

 

[rimfire_crazed]

Didn't we change over to a "Shall Issue" from a "May Issue" state a few years back?

 

[melensdad]

Didn't we change over to a "Shall Issue" from a "May Issue" state a few years back?

In 2006 the state formalized its "stand your ground" law. But from everything I can find, we've been a "shall issue" literally dating back to the late 1935.

However, prior to a court case in 1980, the reality of 'shall' versus 'may' issue may have been somewhat muddier. While the law may not have actually changed, the enforcement of it seems to have changed.

In schubert v. debard, 398 n.e.2d 1339 (Ind. App. 1980), however, an Indiana appeals
court ruled that the police superintendent could not use discretion to deny a license to people
asserting a “need” to carry a concealed weapon for “self-defense.” (the statute in question,
IC 35-23-4.1-5, stated that that the superintendent “shall issue” a license if “it appears to the
superintendent that the applicant has a proper reason for carrying a handgun and is of good
character and reputation and a proper person to be so licensed.”)

 

[Kirk Freeman]

Indiana had laws against concealing firearms shortly after statehood in 1819.

In the 1920s there was model legislation (a model statute is written in a faculty lounge or think tank and then passed around) entitled the "Uniform Pistol Act" and the "Uniform Firearms Act". Indiana adopted some provisions (license needed to carry a pistol) of the UFA in 1935 in order to "combat crime" (but it was the last gasp of the KKK in Indiana to prevent Catholics and Blacks from carrying pistols).

In 1980 the Indiana Court of Appeals ruled that the UFA gave law enforcement no discretion in issuing LTCH. Further in 1990 the Indiana Supreme Court held that applications for LTCH is a liberty interest that an Indiana citizen may sue to achieve.

 

[CarmelHP]

I believe this is the 1990 case Kirk mentions:
Kellogg v. Gary, 562 N.E.2d 685, 1990 Ind. LEXIS 226 (Ind. 1990) which held that a municipality couldn't simply stop the licensing process.

See also, Schubert v. De Bard, 398 N.E.2d 1339 (1980) mentioned by melensdad which really established that the Act was non-discretionary and the Superintendent couldn't deny you if he didn't like your reason for carry.

 

[Kirk Freeman]

Correct, Kellog. I should have made citation to it, but got lazy.

 

[pig957]

I got my first LTCH in 1970 when I received my FFL. I had give a reason back then.