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New OCer living over the border

horneraa

Regular Member
Joined
Feb 19, 2010
Messages
23
Location
, ,
imported post

The Michigan board suggested I post this here:

I've been considering carrying a handgun 24/7 lately, and I've settled on OCing because of this website. My big worry is crossing the state line into Indiana. I live in Dowagiac, MI but work in Indiana, and all my shopping and leisure time is spent in Indiana.

My plan is to get a CPL but OCing with it. How will this apply when I am traveling to Indiana? Will I need to get an Indiana LTCH? Is it even legal for me to cross into IN while carrying?

The core of my questions is this: Is it legal to open carry across the state line?

I suppose we can add to that this: Does having a Michigan CPL permit me to open carry in Indiana?

I can provide this much of Indiana Law:

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.
The highlighted part gets me. Given that a Michigan CPL is a "Concealed Pistol License", and that out-of-state CPLs are "recognized according to the terms thereof", it is easy to assume that my Michigan CPL will only allow me to CC in Indiana.

As far as carrying over the line is concerned, I don't think any Federal laws prevent it. My personal knowledge is that Federal law actually protects your right to carry over state lines, but I thought I'd ask for an opinion on that from you folks as well.
 

bobn911

Regular Member
Joined
Oct 19, 2008
Messages
74
Location
Edwardsburg, Michigan, USA
imported post

horneraa, you will find from the ISP, they are silent on whether you OC or CC. The problem, if there is one, will from city and smaller police depts. But to OC or CC in IN., you have to have a permit.When in IN, we follow their laws just as they would follow MI. laws.They are the ones that could press the issue of what the MI.permit says. Concealed Pistol License.In IN, anyone who transports a handgun, even to the range, must have a permit. That's where in MI, we have it good in that we can transport a handgun to where we want to go without one. It just has to be unloaded and secured in such a way the the driver and passengers cannot get it. Clear as mud??? Feel free to call if you want. Later, Bob
 

Big Gay Al

Michigan Moderator
Joined
Aug 27, 2006
Messages
1,944
Location
Mason, Michigan, USA
imported post

As a resident of Michigan, and a displaced Hoosier (born in Indiana), I can say that you can carry in Indiana, as long as you have a Michigan (or any other state's) Concealed Pistol License. If you don't have one, DO NOT carry a pistol until you get one.

OCing in Indiana is legal (with a permit/license), but attitudes vary by locality. And since by Indiana law, you must have a permit/license to carry at all, do not be surprised if LEOs ask to see your permit/license.
 

ATM

Campaign Veteran
Joined
Aug 1, 2009
Messages
360
Location
Indiana, USA
imported post

You could get an Indiana LTCH since you are employed here:

IC 35-47-2-3
Application for license to carry handgun; procedure
Sec. 3. (a) A person desiring a license to carry a handgun shall apply:
(1) to the chief of police or corresponding law enforcement officer of the municipality in which the applicant resides;
(2) if that municipality has no such officer, or if the applicant does not reside in a municipality, to the sheriff of the county in which the applicant resides after the applicant has obtained an application form prescribed by the superintendent; or
(3) if the applicant is a resident of another state and has a regular place of business or employment in Indiana, to the sheriff of the county in which the applicant has a regular place of business or employment.


But I agree - without getting one there exists the possibility of being charged in violation of the termsfor a CPL (regardless of how unlikely.)
 
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