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Thread: Indiana Firearm Law

  1. #1
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    Per IC 35-47-2-1 one must have a Special License to Carry a Handgun to carry a Handgun in any Vehicle or on or about ones body while in Indiana. One must be 18 to carry a Firearm.

    Per IC 34-28-5-3 a Indiana Police Officer may, when acting in good faith, require of a Man his name, address, or date of birth for any suspected ordinance violation or other infraction.

    Per IC 34-28-5-3-3.5 it is a Crime in Indiana, a Class C Misdemeanor, to refuse to comply with the foregoing provisions of 38-28-5-3 when thatOfficer is indeed acting in good faith. Refusal to Identify, when asked, is a Crime per the unique statutory framework of Indiana Law.

    While in Indiana, if any Man goes armed in Public with a Handgun, then, a Officermay, with the foregoing procedure, ask ofHim to make goodHisname, His address, and His birth date, while that Man is armed in Public or any Public Place. Also, you must show your Handgun Carry License as well.

    A violation under IC 35-47-2-1 is a Class A Misdemeanor, but if the offense is committed in, on, or within a 1000 feet of a School or the offense would constitute the second or subsequent violation, then, the offense is a Class C Felony.

    In Indiana, authoritiesmay confiscate a unlawful Pistol, per 35-47-3-1.

    However, Indiana regulates further that Firearms may not be carried into any School or into any Airport, passed the controlled access points... both of these restrictions is per Federal Law.The severity of the offensedepends on what type of Weaponis involved, and if a Person is actuallyon the Aircraft or inside the School. Indiana never really says if having a Permit is a defense to either Crime, or if the School prohibitions apply to Colleges and Universities, and other Adult Education Centers. Indiana tried to clarify the Law, but failed, when SB0012 was drafted to allow Firearms into Colleges and Universities and place them under State Preemption.

    Indiana has Firearms Preemption per IC 35-47-11-1, but IC 35-47-11-2 is a close range narrow exception applicable to two major exceptions as discussed below.

    Indiana Law does not regulate Firearms any more stringently than IC 35-47-11; however, Indiana does provide that Localities may impose greater restrictions, should they choose do so. Indiana's Local Governments may restrict or prohibit Firearms within their own Local Public Buildings, or Lands and they may restrict/regulate Firearm sells for not more than 72 hours after the declaration of a disaster, per IC 10-14-3-1. The Local Regulation Law is authorized under Indiana Statute, per IC 35-47-11. Another drafted bill, HB1011, which failed to pass, would haverepealed the emergency powers clause under Indiana Law.

    For example... Marion County and The City of Indianapolis declare that the Waterworks facilities and property are off limits, but spell out certain exceptions under Local Law. This restriction is permissable under IC 35-47-11-2. Also, they together outlaw carrying sharp objects... without good and suffienct reason... as they are not under State Preemption, as it pertains only to Firearms, IC 35-47-11-1.

    Providedone is legally eligible---ex. NOTAFELON---one may openly carry or, seemingly,conceal carry any type of Long gun, or any other type of Weapon. Namely, only Pistols require a License, as discussed above. Switch Blade Knifes, per IC 35-47-5-2 and Chinese Throwing Stars, per IC 35-47-5-12 are both unlawful Weapons to own or have/use. One may carry any Firearm or other Weapon to Athletic Events, Bars, Churches, Political Events, and Public Buildings... there are no restrictions on these places... outside of any authorized Local Ordinancespassed under IC 35-47-11-2 pertaining to the Lands and Buildings of the Unit. Local ordinances may not apply to public highways. If on Private Property theOwners rules will apply, and... refusal to leave when asked... is trespassing IC 35-43-2-2.

    Indiana allows for a possible restoration of Firearms Rights to otherwise ineligible Persons per IC 35-47-4-7. Ineligible Persons are Persons with any Felony coviction, or any Domestic Violence conviction, etc..

    Just remember that in Indiana, ifone goes armed with a Pistol in Public, expect a Police interaction. Procure a License to Carry a Pistol in advance. Take this matter to The Indiana Legislature and get them to pass an open carry Law for Handguns similiar to Kentucky's, Michigan's, or Ohio's. Indianians should never be told they need to procure a License to openly carry aHandgun in Public, not only are they expensive but also a governmental sanction against the Second Amendment.




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    While I agree you are correct on most of what you stated. There are a few things that you are not correct about IMO.
    "One must be 18 to carry a Firearm."
    One must be 18 to aquire a licence to carry a handgun. There are exceptions in IN code for a person under 18 to carry. Such as on real property possessed by their parent or guardian, while hunting, or engaging in or traveling to an from an organized competetion or practice for such and target shooting in a approved area and under adult supervison. But they cannot just carry around town for self defense unfortunatly.
    http://www.in.gov/legislative/ic/cod...ar47/ch10.html

    While in Indiana, if any Man goes armed in Public with a Handgun, then, a Officer may, with the foregoing procedure, ask of Him to make good His name, His address, and His birth date, while that Man is armed in Public or any Public Place. Also, you must show your Handgun Carry License as well.
    While most LEOs believe you must show your license if you are carrying, there is nothing in IN code or IN case law(that I can find, if you have something I would love to see it) for you to do so. Although IN code states that it is illegal to carry without having in your possesion a LTCH. You are required to provide a Drivers license, or name, date of birth, and address, if the officer in good faith believes you have commited an infraction or ordinance violation. Just because you are carrying does not give them a good faith belief that you have commited an infraction. Just like they are not allowed to stop someone for driving to check to see if they are licensed without witnessing another unlawful act. But that has not been decided by case law.

    However, Indiana regulates further that Firearms may not be carried into any School or into any Airport, passed the controlled access points... both of these restrictions is per Federal Law. The severity of the offense depends on what type of Weapon is involved, and if a Person is actually on the Aircraft or inside the School. Indiana never really says if having a Permit is a defense to either Crime, or if the School prohibitions apply to Colleges and Universities, and other Adult Education Centers. Indiana tried to clarify the Law, but failed, when SB0012 was drafted to allow Firearms into Colleges and Universities and place them under State Preemption.
    Federal law prohibits carrying within 1000 ft of school property unless licensed by the state(or other exemptions such as living within that distance) which a LTCH covers. Indiana does allow possession of firearms on school property with serious restricions, you must be authorized by the school to do so, or if you are operating a motor vehicle and dropping off or picking someone up from the school(you are not allowed to leave the vehicle ) Indiana does not differentiate between firearms for the purpose of those statues, it doesn't matter if you possess a single shot firearm or a full auto.

    In Indiana, authorities may confiscate a unlawful Pistol, per 35-47-3-1.
    That section of code refers to the disposal of confisated firearms, the code for the actual confiscation of them falls under other IN code. Which is the same for any unlawfully possessed item. ie a stolen object or anything else that the person is not allowed to possess by law. I'm too lazy/not bored enough to search through the code for the relevant section/s.

    All standard disclaimers apply IANAL, TINLA, YMMV etc.

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    Thank you for explaning the finer points of Indiana Law concerning Firearms.

    I have never been to or lived in Indiana, so I will act under the assumption that what you said it correct, arbeit your disclaimers. By the way what does YMMV mean, I understood the other two.

    Other than your pointers, wasmy understanding of Indiana Firearms Law correct, for the most part?

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    Timjoebillybob wrote:
    All standard disclaimers apply IANAL, TINLA, YMMV etc.
    Please avoid acronyms unless you also define them at instance of first use.

    For example, I have no idea what TINLA means.



  5. #5
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    They are common web forum acronyms, and thus the poster probably did not feel it was necessary to define them.

    IANAL: I Am Not A Lawyer
    TINLA: This Is Not Legal Advice
    YMMV: Your Mileage May Vary

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    aadvark wrote:
    Thank you for explaning the finer points of Indiana Law concerning Firearms.

    I have never been to or lived in Indiana, so I will act under the assumption that what you said it correct, arbeit your disclaimers. By the way what does YMMV mean, I understood the other two.

    Other than your pointers, wasmy understanding of Indiana Firearms Law correct, for the most part?
    Yes most of your understanding is correct, and I forgot one thing, and should of explained further on at least one other.

    For schools, Indiana law and case law define that as pre-school, day care, and k-12. It is legal to carry on college campus, as long as you follow the other laws. They can like any other private property restrict that and ask you to leave though. And if you refuse to leave, be charged with criminal tresspass. And for most colleges if you are a student expect to be expelled and if you work for them expect to be fired.

    And for not having to provide your LTCH when asked, if you do not, expect a ride down town. But if you are arrested for not showing it, the charges will be dropped when it gets to court under IC 35-47-2-24
    http://www.in.gov/legislative/ic/cod.../ar47/ch2.html

    And for confiscation, the police are allowed to temporarily confiscate weapons if they in good faith consider the person to be a danger to themselves or others.

    ETA here is the code for that.
    http://www.in.gov/legislative/ic/cod...ar47/ch14.html

    Again I am not a lawyer, this is not legal advice etc etc
    And Skippy was correct YMMV= Your mileage may vary.


  7. #7
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    Mike wrote:
    Timjoebillybob wrote:
    All standard disclaimers apply IANAL, TINLA, YMMV etc.
    Please avoid acronyms unless you also define them at instance of first use.

    For example, I have no idea what TINLA means.

    Sorry I'll try to remember to spell them out.
    And Skippy did have the correct definitions of them.

  8. #8
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    Both hospitals in my town have signs indicating that weapons are not allowed. I regard these to be the same as the signs at the local mall, that there is no legal basis for this. If they ask me to leave and refuse I could be arrested for trespassing.

    Am I right in this?

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    darwin-t wrote:
    Both hospitals in my town have signs indicating that weapons are not allowed. I regard these to be the same as the signs at the local mall, that there is no legal basis for this. If they ask me to leave and refuse I could be arrested for trespassing.

    Am I right in this?
    There is nothing I can find in IN code addressing carrying in a hospital, so I would say yes. Unless it is on county/city owned property (no idea if there even are any) and they have a local ordinance, or there was anything else there that prohibited it, such as a pre-k or k-12 school or more likely a day care. Then it may not be legal.

    I am not a lawyer, this is not legal advice.

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