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Thread: Possible incorrect information on usacarry?

  1. #1
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    This page: http://www.usacarry.com/indiana_conc...formation.html

    States:
    When carrying within the state of Indiana on an out of state permit, the permittee must carry in accordance with the terms of the permit; for instance, if the permit says "concealed handgun permit," then it must be concealed. If it simply says license to carry handgun, it can then be carried either openly or concealed.
    This reeks of B.S. to me and I did not find any supporting language in IC 35-47-2, however I did not read in depth. This is important, as I have an Ohio Concealed Handgun License and such a provision would affect me when I visit Indiana, as I am planning to do in the near future.

    Anybody able to confirm or debunk this?

  2. #2
    Campaign Veteran ATM's Avatar
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    IC 35-47-2-21
    Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
    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.
    It is debated based on the "according to the terms thereof" phrase.


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    I don't suppose there has been any case law...

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    Quick Get a PA> permit and you will be covered.I did altho I think its BS also. The sheriffs rep sent me an e mail that said follow In law. I will post if some one can tell me how. I am computer challenged Tx

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    Well there is nowhere in the Ohio Revised Code that specifies concealment as a "term" of the validity of my CHL... so I think the usacarry people did a lot of reading-into. My best guess at the intent of the law was to indicate that the permit must be considered valid by the issuing state in order to be recognized by Indiana.

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    gutshot wrote:
    If you read past threads you will see that "according to the terms thereof' has been debated many times on this forum. There have even been some OC'ers with CC licenses from out of state that were threatened with arrest unless they concealed. There have also been In. residents that were threatened with arrest unless they concealed. I don't think this will ever be resolved until someone is arrested and goes before a judge. That's not very likely.
    Yep, mine says concealed pistol, so how are the leo going to know I have a concealed
    revolver so I can be arrested to take them to task on it.
    But what would the punishment be, they can't take the license from another state,
    they can't take the property without paying you for it. I can hear the laughter
    when the local sheriff is asked to revoke your permit for obeying the law by
    those yanks up there.


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    Well, the punishment would be charging you with illegally carrying a firearm which (I think) is a felony. The case would hinge on whether or not your permit was valid "according to the terms thereof".

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    theqbn wrote:
    Well, the punishment would be charging you with illegally carrying a firearm which (I think) is a felony. The case would hinge on whether or not your permit was valid "according to the terms thereof".
    It's either a Class A misdemeanor or a Class C felony (IC 35-47-2-23) to carry without a license (or on an invalid permit) depending on the circumstances. However, since Indiana recognizes all permits from all states and foreign governments, I think the State would be hard-pressed to successfully charge you with "open carry" (or, in other words, "carrying on an invalid permit") if your permit specifies "Concealed Carry" since Indiana has no statute regarding OC. They can't charge you under another state's laws, so they'd have to invent something to charge you with.

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    Founder's Club Member protias's Avatar
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    It is hard enough to know your own state laws let alone another state's. I highly doubt IN requires other states' permits to follow their laws and not IN.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    I'd like to see someone with a Michigan carry permit carry their gun at the state fair. After all, in Michigan, it is legal to carry at the Indiana state fair with a Michigan carry permit. It would be "according to the terms thereof" by some peoples claims.

    A better definition would be "while the license is valid" or not expired. I can't see an Indiana police officer arresting someone with an Ohio CCW for carrying in a bar because it's illegal to carry in bars in Ohio.

  11. #11
    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by cce1302 View Post
    I'd like to see someone with a Michigan carry permit carry their gun at the state fair. After all, in Michigan, it is legal to carry at the Indiana state fair with a Michigan carry permit. It would be "according to the terms thereof" by some peoples claims.

    A better definition would be "while the license is valid" or not expired. I can't see an Indiana police officer arresting someone with an Ohio CCW for carrying in a bar because it's illegal to carry in bars in Ohio.
    Perhaps what they meant when writing this law was that a large number of states issued permits that were limited to a specific purpose: Business, hunting, etc. (Michigan used to do this and I believe New York and other states still do... I don't know about IN.) But, until there is a court case, I guess we just don't know how it will be interpreted.

    EDIT: And according to Michigan (not Federal) law, with my permit I can open carry everywhere except a courtroom, casino, or the sterile area of an airport. I don't think I'm going to OC at an Indiana Public School anytime soon... although it is legal for me to do so in Michigan.
    Last edited by DrTodd; 07-08-2010 at 12:17 AM.
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