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Thread: Indiana Open Carry Question for out of state resident

  1. #1
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    Indiana Open Carry Question for out of state resident

    Have relatives in Goshen/Elkhart area and visit often.

    I'm a Wisconsin resident and have a Wisconsin Conceal Carry License, or CCL, which Indiana honors.

    Indiana requires a permit for conceal or open carry.

    Wisconsin has NO permit, license, or process for one for open carry. If you are 21 and not a felon you can open carry anywhere not posted, basically.

    So, my question, does my Wisconsin CCL cover me in Indiana as an open carry permit, since it specifically says Conceal Carry License?

    Also, in Wisconsin we do NOT have to show ID for the mere act of open carry lacking any RAS. I'm never asked, but I would not want to take that stance if Indiana requires you to show your permit if a LEO asked to see it if he saw you OCing.

    Hopefully, you can understand my quandry here. What would I show them if it was required? My WI CCL could be argued is not a OC permit.

    If any of these statements about Indiana law are untrue, feel free to correct me. Best I could figure out.
    Last edited by Wstar425; 08-25-2014 at 11:24 AM.

  2. #2
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    Quote Originally Posted by Wstar425 View Post
    Have relatives in Goshen/Elkhart area and visit often.

    I'm a Wisconsin resident and have a Wisconsin Conceal Carry License, or CCL, which Indiana honors.

    Indiana requires a permit for conceal or open carry.

    Wisconsin has NO permit, license, or process for one for open carry. If you are 21 and not a felon you can open carry anywhere not posted, basically.

    So, my question, does my Wisconsin CCL cover me in Indiana as an open carry permit, since it specifically says Conceal Carry License?

    Also, in Wisconsin we do NOT have to show ID for the mere act of open carry lacking any RAS. I'm never asked, but I would not want to take that stance if Indiana requires you to show your permit if a LEO asked to see it if he saw you OCing.

    Hopefully, you can understand my quandry here. What would I show them if it was required? My WI CCL could be argued is not a OC permit.

    If any of these statements about Indiana law are untrue, feel free to correct me. Best I could figure out.
    You're good.

    It sounds like you've read the law already. (I apologize the link in my signature is outdated. The state recently changed the link so mine is messed up.)

    "Carrying" a pistol in Indiana is illegal. The exception is having a license to carry it. Nothing in Indiana Code refers to "open" or "concealed" carry. It's just "carry."

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    Thanks, that's what I thought but just wanted some confirmation. I also see where a Nevada resident asked basically the same question. As apparently their laws are similar to Wisconsin.

    I travel regularly out west and keeping track of all the laws in each state is next to impossible. Add to that fact, that what is legal in one state for a Minnesota resident might be illegal for a Wisconsin resident, for example, and it gets real crazy real fast. OC, CC, permits, license, must declare with traffic stops, etc etc etc there is no way one person can keep up with this.

  4. #4
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    Quote Originally Posted by Wstar425 View Post
    Thanks, that's what I thought but just wanted some confirmation. I also see where a Nevada resident asked basically the same question. As apparently their laws are similar to Wisconsin.

    I travel regularly out west and keeping track of all the laws in each state is next to impossible. Add to that fact, that what is legal in one state for a Minnesota resident might be illegal for a Wisconsin resident, for example, and it gets real crazy real fast. OC, CC, permits, license, must declare with traffic stops, etc etc etc there is no way one person can keep up with this.
    Yeah I understand completely. I live just south of M*ch*g*n and occasionally cross the border. There are some things I can do here that I can't do there (like keep a loaded AK in my trunk).

    For the most part, IN law allows as much or more liberty as any other state, with the exception of requiring a license for all handgun carry, not just concealed.

    We do have some advantages, such as no legal weight to "no guns" signs, legal carry in bars, good state preemption of local gov'ts, and very few legislated gun-free zones.

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    Yep, we have a few differences with Michigan, ride bikes in the UP. We can OC in a vehicle, loaded with no license for example. I can OC in Wisconsin, loaded, on a motorcycle, but not in Michigan. Must be unloaded. (I think?!) The other thing is that there is gobs of intel on the Interweb that is outdated, obsolete, or just plain wrong !

    We can conceal carry in a bar as long as you are not drinking, but only OC in a bar with the owners permission , again not drinking. You can walk OC through the bar if you have to to go to the restroom, or enter or leave the place. I don't drink at all, but most supper clubs here have a bar attached, sometimes one big room. In that case, I call "the bar" sitting at the bar, tho I have no idea if that is really correct or not.

    That's the problem, it's way too complicated, there are way too may exceptions to the rules, and different states have different rules depending on what state you live in and what reciprocity they have with each other. Makes my head spin.

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    You also asked about showing your permit if asked by an officer. Indiana has a code in the law books that says you have to.

    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.

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    Quote Originally Posted by pyroman View Post
    You also asked about showing your permit if asked by an officer. Indiana has a code in the law books that says you have to.

    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.
    Thanks for the info. Just figured that if it was illegal without a permit, then showing a permit would be required if asked. Kind of the opposite of Wisconsin but we can make it work I suppose.

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