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hardtopS2000
Regular Member
| Joined: | Sun Jan 11th, 2009 |
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Posted: Thu Apr 2nd, 2009 06:32 pm |
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| Wow.. Thanks for for getting the definite answer for my question. So I may open carry in Indiana with a Florida Ccw.
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davidk117
Regular Member
| Joined: | Sun Jun 7th, 2009 |
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Posted: Mon Jun 8th, 2009 12:28 am |
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| I am at a loss, in Indiana do you have a right to OC with out a license?
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Skippy
Regular Member
| Joined: | Sat Jul 7th, 2007 |
| Location: | Indianapolis |
| Posts: | 119 |
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Posted: Mon Jun 8th, 2009 01:20 am |
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Nope. You have to have an LTCH to carry either open or concealed.
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Sonora Rebel
Regular Member
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Posted: Mon Jun 8th, 2009 11:22 pm |
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I can't find anything in the Indiana code even addressing 'Open Carry' restrictions.
Indiana: The people shall have a right to bear arms, for the defense of themselves and the State. Art. I, § 32 (enacted 1851, art. I, § 32).
1816: That the people have a right to bear arms for the defense of themselves and the State, and that the military shall be kept in strict subordination to the civil power. Art. I, § 20.
[Self-defense right protected, Kellogg v. City of Gary, 562 N.E.2d 685, 694 (Ind. 1990).]
Rights do not require Permit or License. Rights cannot be assessed a monetary fee to exercise. As with Arizona... the concealed 'method' of carrying requires permit. The act of bearing arms is a Right. Concealment of such arms may be as determined by the state under 10A. 'May'... not 'Shall. AK & VT require no permit to bear arms in any manner. Under the Indiana Constitution (unless there are certain pre-emptions by county or municipality) any citizen within' the boundaries of the state of Indiana may bear arms openly... 'same as Arizona and New Mexico. Concelment depends on the reciprocity between Indiana and 'your' state of issuance.
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jmlefler
Regular Member
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Posted: Tue Jun 9th, 2009 01:54 am |
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My CPL in MI exempts me from non-possession of a firearm in certain places such as theatres, churches, entertainment facilities, bars etc.
http://www.ag.state.mi.us/opinion/datafiles/2000s/op10188.htm
My CPL prohibits me from carrying concealed in these venues; therefore my MI CPL allows me to carry openly in the same places I cannot carry concealed.
http://www.legislature.mi.gov/(S(1xifrgyygosox455r3qqc545))/mileg.aspx?page=getObject&objectName=mcl-28-425o
What a mish-mash...
Carry on
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Timjoebillybob
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| Joined: | Wed Mar 25th, 2009 |
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Posted: Wed Jun 10th, 2009 06:54 pm |
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Sonora Rebel wrote: I can't find anything in the Indiana code even addressing 'Open Carry' restrictions. There is nothing in IN code regarding long guns, but for handguns see IC 35-47-2
http://www.in.gov/legislative/ic/code/title35/ar47/ch2.html
"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."
Doesn't matter if its oc/cc you have to have a license.
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Sonora Rebel
Regular Member
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Posted: Wed Jun 10th, 2009 07:17 pm |
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| Indiana seems to have violated its own state constitution. No 'Right' requires a fee for a 'license' to exercise it. No state legitimately can grant 'rights' thru permit... (altho they do). They do so... because 'the people' are ignorant of the difference and the government intentionally makes them so.
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hopnpop
Regular Member
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Posted: Tue Jul 14th, 2009 06:17 pm |
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smoking357 wrote: Soundslikejosh wrote: You are required to adhere to the rules of both the issuing state and the state you are carrying in, or the more stringent of the two. If you do not have an Indiana LTCH, but are carrying in IN on a FL CCW, you cannot OC. FL does not allow you to OC, so we do not allow you to do so in IN either.
If the issuing state is more strict, you have to follow those rules while in IN.
This is not correct.
Heya Hoosiers, Michigan resident here but recently had business in Indy. I was warned that even with my Michigan CPL, I'm not allowed to OC in Indiana. I understand that there's reciprocity with CPL in regards to concealed carry between our states but in Michigan one can OC with or without a CPL. ...But after reading the mixed answers in this thread, I, too, am at a loss. Is it the bottom-line that Indiana's recirprocity with CPL's stops at concealed carry (and doesn't apply to OC)?
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NavyLT
Regular Member
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Posted: Tue Jul 14th, 2009 07:24 pm |
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hopnpop wrote: smoking357 wrote: Soundslikejosh wrote: You are required to adhere to the rules of both the issuing state and the state you are carrying in, or the more stringent of the two. If you do not have an Indiana LTCH, but are carrying in IN on a FL CCW, you cannot OC. FL does not allow you to OC, so we do not allow you to do so in IN either.
If the issuing state is more strict, you have to follow those rules while in IN.
This is not correct.
Heya Hoosiers, Michigan resident here but recently had business in Indy. I was warned that even with my Michigan CPL, I'm not allowed to OC in Indiana. I understand that there's reciprocity with CPL in regards to concealed carry between our states but in Michigan one can OC with or without a CPL. ...But after reading the mixed answers in this thread, I, too, am at a loss. Is it the bottom-line that Indiana's recirprocity with CPL's stops at concealed carry (and doesn't apply to OC)?
If you have a license that Indiana recognizes, then you can carry in Indiana in any way and in any place that a person with an Indiana license can carry. Period. You are bound by the laws of the state that you are located in at the moment. Period. Your home state laws have no bearing. For instance if California has a 55 MPH speed limit and you are driving in Montana with a CA driver's license, and the speed limit in Montana is 70, are you restricted to 55 mph in Montana because of your CA license? No, of course not. It's the same way with CPL's and Licenses to Carry, etc.
If Indiana recognizes your Michigan permit, then you carry in Indiana under Indiana law, which means open or concealed.
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hopnpop
Regular Member
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Posted: Wed Jul 15th, 2009 03:55 am |
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If Indiana recognizes your Michigan permit, then you carry in Indiana under Indiana law, which means open or concealed.
"...which means open or concealed." That's what seems to clarify it. I knew I could CC but didn't know if IN was more stringent on OC (even with the LTCH). So as I understand it, an IN resident with a IN issued LTCH can carry open or concealed. For some reason, I was thinking even with LTCH, IN frowned on OC. Thanks & carry on.
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NavyLT
Regular Member
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Posted: Wed Jul 15th, 2009 04:04 am |
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hopnpop wrote: If Indiana recognizes your Michigan permit, then you carry in Indiana under Indiana law, which means open or concealed.
"...which means open or concealed." That's what seems to clarify it. I knew I could CC but didn't know if IN was more stringent on OC (even with the LTCH). So as I understand it, an IN resident with a IN issued LTCH can carry open or concealed. For some reason, I was thinking even with LTCH, IN frowned on OC. Thanks & carry on.
http://www.opencarry.org/in.html
But... don't get wrapped around the axle where it says with an Indiana permit, OC is legal. If you have an out of state permit that Indiana recognizes, it is just as if you had an Indiana permit.
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hopnpop
Regular Member
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Posted: Wed Jul 15th, 2009 12:35 pm |
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| roger that, thanks again
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gutshot
Regular Member
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Posted: Thu Jul 16th, 2009 04:35 am |
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smoking357 wrote: Soundslikejosh wrote: You are required to adhere to the rules of both the issuing state and the state you are carrying in, or the more stringent of the two. If you do not have an Indiana LTCH, but are carrying in IN on a FL CCW, you cannot OC. FL does not allow you to OC, so we do not allow you to do so in IN either.
If the issuing state is more strict, you have to follow those rules while in IN.
If that were true the police would have to know the cc laws of all the states that issue cc licenses. We have a hard enough time getting them to know their own state laws.
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joeamt
Activist Member
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Posted: Wed Jul 22nd, 2009 07:09 am |
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This is from http://opencarry.mywowbb.com/forum22/26986.html
hopnpop posted this from that thread:
Does Indiana statute require me to carry the handgun on my person concealed or
exposed?
Indiana law is silent on this issue; however, carrying an exposed weapon in public may
alarm some people. Also, the right to carry a firearm may be restricted on private
property and businesses by the owners. Be attentive for signs warning of restricted
areas when carrying firearms into public places. If approached by law enforcement for
official business such as traffic stops or complaint related inquiries, it is recommended
that you tell the officer in a non-threatening manner that you are carrying a weapon or
have a weapon in the vehicle and that you have a valid permit. A law enforcement
officer does have the right to inspect the permit.
I am a resident of another state and I have a valid handgun license issued by my
home state. Does Indiana honor my states license?
Yes. Indiana honors valid handgun licenses issued by another state.
IC 35-47-2-21
Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
35-47-2-21 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.
Lt. Jerry A. Berkey
Indiana State Police
Records Division, Rm 302
100 N. Senate Avenue--IGCN
Indianapolis, IN 46204
317-232-8263
MW2498
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hopnpop
Regular Member
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Posted: Wed Jul 22nd, 2009 01:28 pm |
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NOTE TO THE ABOVE POST:
The above post is regarding someone with a LICENSE to carry. As I understand, a non-CPL Michigan resident may NOT carry at all on their person, concealed or openly in Indiana. In Indiana, a resident needs a LTCH (their CPL) to carry openly or concealed. Same goes for Michigan residents in Indiana - must have a valid CPL to carry AT ALL. But with CPL, one can carry both openly and concealed. That's the bottom-line.
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junglebob
Regular Member
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Posted: Sun Sep 20th, 2009 09:17 pm |
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Well I'll be in Indiana this week and since I have a PA and Utah LTC it looks like anyway you interpret it I'm OK to open carry.
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