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Thread: open carrying is legal right?

  1. #1
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    This is about when I recieved my permit and did my fingerprints at the police station, the officers stated that open carry is not allowed or even illegal. they even went further to state if they see you open carrying they will confinscate the weapon and the permit, sooo... I wish to know if this is bs or if it might be a local law here in terre haute, or it is legal and they dont know jack... please educate. thanks.

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    Congratulations you now have a License To Carry a Handgun. It is not a concealed carry permit. The state doesn't care how you carry it open or concealed.

    You also live in a state with complete preemption it doesn't matter what the local authorities think about your choice on how to carry they can't legally do anything about it.

    I used to have one of those little pink pieces of paper when I lived in Indy. I worked at a video arcade in the mall downtown. We had a court bailiff working for us as security. I witnessed an incident with an open carrier. He had a call on the radio from one of our employees that there was a man with a gun. He went up to the guy and asked to see his License. After inspecting it, he told him the mall didn't like open carry andplease conceal it. That was it. No guns draw. No handcuffs. No disarming. No revoking of his license.

  3. #3
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    vmaxanarchist wrote:
    Congratulations you now have a License To Carry a Handgun. It is not a concealed carry permit. The state doesn't care how you carry it open or concealed.

    You also live in a state with complete preemption it doesn't matter what the local authorities think about your choice on how to carry they can't legally do anything about it.

    Better check on that preemption. I believe Indianapolis has some stipulations concerning their city parks and city buildings.

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    Police in the more liberal areas of the state (ie., northern Lake County, Bloomington, and Indianapolis) tend to be more hostile to open carriers than police in the rural areas. Not saying it's right and not saying I condone it, but if you're carrying in one of these areas, be prepared to deal with man with gun calls to the police.

  5. #5
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    Ford Truck wrote:
    vmaxanarchist wrote:
    Congratulations you now have a License To Carry a Handgun. It is not a concealed carry permit. The state doesn't care how you carry it open or concealed.

    You also live in a state with complete preemption it doesn't matter what the local authorities think about your choice on how to carry they can't legally do anything about it.

    Better check on that preemption. I believe Indianapolis has some stipulations concerning their city parks and city buildings.
    You're right it's not complete state preemption. The following preemption statute allows regulation on local government owned property other than roads. Also a local government can keep a new gundealer from opening business closer than 200 feet to a school.


    Regulation of firearms by units other than townships

    Sec. 2. Notwithstanding IC 36-1-3, a unit may not regulate in any manner the ownership, possession, sale, transfer, or transportation of firearms (as defined in IC 35-47-1-5) or ammunition except as follows:

    (1) This chapter does not apply to land, buildings, or other real property owned or administered by a unit, except highways (as defined in IC 8-23-1-23) or public highways (as defined in IC 8-2.1-17-14).

    (2) Notwithstanding the limitation in this section, a unit may use the unit's planning and zoning powers under IC 36-7-4 to prohibit the sale of firearms within two hundred (200) feet of a school by a person having a business that did not sell firearms within two hundred (200) feet of a school before April 1, 1994.

    (3) Notwithstanding the limitation in this section, a legislative body of a unit other than a township may adopt an emergency ordinance or a unit other than a township may take other action allowed under section 6 of this chapter to regulate the sale of firearms anywhere within the unit for a period of not more than seventy-two (72) hours after the regulatory action takes effect

    As added by P.L.140-1994, SEC.13.

  6. #6
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    VMAX,

    Would you mindtaking a few minutes and changing the text size on your post so it is more readable?

    Thank you!

  7. #7
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    I sent an e-mail earlier this month (May) to the Indiana State Police asking for clarification on OC vs. CC. I got two responses, one of which had the following link :

    http://www.in.gov/isp/files/firearms_FAQ_02_08.pdf

    In that FAQ, I found the following:

    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.

    Does Indiana state law define areas where it is illegal to carry a handgun even with a permit?

    Yes, and for your information [IC 35-47-9] and administrative code references are provided. Please be aware that local municipalities and counties may have enacted ordinances that are not listed, primarily limiting firearms in public buildings and property. 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.

    I hope this helps.

    Brian

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