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Thread: Indiana Carry Laws

  1. #1
    Regular Member protect our rights's Avatar
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    Indiana Carry Laws

    I know I know everyone hates wikipedia, but these laws are true as I know the laws, and they put it in easy terms so heres a qoute from the web based Wikipedia:

    Legislature Alert!!

    As of today March 16th there are two main bills that will change these laws. HB1540 and SB292 Will make it so you can carry in or on any property that is not a school or court house.
    That would effect the the paragraphs in ( )


    (Indiana[111] has enacted state preemption of firearm laws. However, local laws passed before January 1, 1994[112] or for certain narrowly defined emergency situations are valid. East Chicago and Gary have local laws that still apply. Governing units may restrict firearms possession on public property. )

    ( Additionally, private businesses may also restrict (or forbid) firearms on their properties. However a 2010 law prohibits employers from discharging employees for in-vehicle firearms possession on business property. South Bend gun laws are not valid in the state of Indiana as they were passed on February 21, 1994[113] and therefore were passed after the state preemption.)

    Indiana is a "shall issue" state for the License To Carry a Handgun.[114] The Indiana license to carry allows both open and concealed carry. Most Indiana residents confuse the license to carry a handgun with a CCW. A license to carry will be issued to individuals age 18 or older who meet a number of legal requirements. Grounds for disqualification include a conviction for a felony or for misdemeanor domestic battery. A license can also be denied if the applicant has been arrested for a violent crime and "a court has found probable cause to believe that the person committed the offense charged". Documented substance abuse is a disqualifier, as is documented evidence of any given person's "propensity for violent or emotionally unstable conduct."

    Application for a license must be made to the local police department, or absent that to the county police department. Four-year and lifetime permits are issued for Indiana residents. Out-of-state residents may only be issued four-year permits.

    It is illegal to carry a concealed weapon, even sporting arms, on school property or on a school bus, on an airplane or in the controlled section of an airport, on a riverboat gambling cruise, or at the Indiana State Fair. Lawful gun owners may have guns in their vehicles on school property provided the driver is only transporting someone to, or from, a school event.

    Indiana honors CCW licenses issued by every state (Illinois and Wisconsin do not issue CCW licenses), generally including non-resident licenses. However, Indiana residents, or non-residents with a "regular place of business" in Indiana, must obtain an Indiana license.

    Firearms dealers or private individuals may not sell any firearm to someone less than 18 years old, or less than 23 years old if the buyer was "adjudicated a delinquent child for an act that would be a felony if committed by an adult", or to a person who is mentally incompetent or is a drug or alcohol abuser. Possession of automatic weapons by individuals or dealers who have obtained the appropriate federal license is permitted.

    Short barreled shotguns (barrels under 18", OAL less than 26" length), are absolutely prohibited. It appears that all other NFA (National Firearms Act, q.v.) regulated weapons and devices are legal in Indiana.

    Handgun cartridges that have "a projectile that has a metal core and an outer coating of plastic" are prohibited.

    Indiana law stands mute vis-à-vis long gun carry. There are some Department of Natural Resources rules, but these only apply on DNR property. Generally speaking, possession of long guns is legal whether the gun is either on one's person or in one's vehicle, loaded or not.

    Indiana provides lawsuit protection to law abiding manufacturers, sellers, and trade associations for the misuse of firearms by third parties. Lawsuits are permitted for cases of damage or injury caused by defective firearms or ammunition, or breach of contract or warranty


    http://en.wikipedia.org/wiki/Gun_law...state)#Indiana
    Last edited by protect our rights; 03-16-2011 at 12:28 PM.
    "Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence ... From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and pistol are equally indispensable . . . The very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that is good" - George Washington

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    Regular Member xmanhockey7's Avatar
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    I plan on getting a non resident permit and would like to carry in indiana. I saw that if your permit is a "concealed carry" permit you may only conceal carry because that is what your permit says. Does this also apply to gun free zones on your permit. Like if the permit said I couldn't carry in a place wherw alcohol is consumed and served could I carry in those places in IN?
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  3. #3
    Regular Member protect our rights's Avatar
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    Quote Originally Posted by xmanhockey7 View Post
    I plan on getting a non resident permit and would like to carry in indiana. I saw that if your permit is a "concealed carry" permit you may only conceal carry because that is what your permit says. Does this also apply to gun free zones on your permit. Like if the permit said I couldn't carry in a place wherw alcohol is consumed and served could I carry in those places in IN?
    The answer to your question is YES. The laws of your state do not apply here in Indiana. You are allowed to carry anywhere in Indiana except where INDIANA law says you cannot. ie: any federal building, court house, police station, school ((k-12) unless you have business there like dropping a kid off, and then you can only go on school property, not "IN". Yes you can carry in bars and around alcohol. Safe carrying!
    Last edited by protect our rights; 03-16-2011 at 12:17 PM.
    "Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence ... From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and pistol are equally indispensable . . . The very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that is good" - George Washington

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    Transporting in Indiana

    So I go to Purdue University but I live in wonderful Las Vegas Nevada. Now I just turned 21 and have purchased a walther pps in Nevada, just purchased I will not have time to apply for a conceal carry permit there until I and finished with college in about 2 years. However I want to bring my pistol back to Indiana, I have a storage unit where I will keep the pistol locked away until I want to take it to the range to practice. I was wondering if anyone could answer whether I would be legally allowed to transport my firearm unloaded and locked of course to the gun range or to I have to get a specific permit to transport here in Indiana.

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    ezzecial:

    The Indiana State Legislature is Working on Two Pro-Firearm Bills that would Directly Alleviate Your Concerns, should They Pass into Law.

    These Bills are Located here: http://www.nraila.org/Legislation/Read.aspx?id=6624

    aadvark

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    Regular Member Felix's Avatar
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    Quote Originally Posted by protect our rights View Post
    I know I know everyone hates wikipedia, ...
    Everyone is overly inclusive, personally I think it's a reasonably good resource for casual lookups as long as the article is current and well referenced, especially if the article has been tagged as peer reviewed.
    Daily carry: SIG P229 .40 S&W

  7. #7
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    Indiana Gun Laws

    Indiana Governor Mitch Daniels signed a new gun law in Indiana Monday, banning employers from asking whether employees have weapons in their vehicles.

    The new law also will prevent businesses from requiring employees with weapons to park in separate areas. Supporters of the measure said employers were discriminating against gun owners by requiring them to park off-site.

    The measure, which takes effect in July, comes as Mr. Daniels is considering a run for president. The Indiana Republican has floated the possibility of a presidential run in recent months, giving speeches and meeting with potential Republican supporters.

    You go Mitch.

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    Quote Originally Posted by GLOCKMAN40 View Post
    Indiana Governor Mitch Daniels signed a new gun law in Indiana Monday, banning employers from asking whether employees have weapons in their vehicles.

    The new law also will prevent businesses from requiring employees with weapons to park in separate areas. Supporters of the measure said employers were discriminating against gun owners by requiring them to park off-site.

    The measure, which takes effect in July, comes as Mr. Daniels is considering a run for president. The Indiana Republican has floated the possibility of a presidential run in recent months, giving speeches and meeting with potential Republican supporters.

    You go Mitch.
    He seems to be pro 2A and ride MC. I'd vote for him.

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    Are East Chicago Indiana and Gary Indiana the ONLY cities that are exempt from the Indiana state premption or are there other cities/municipalities that are also exempt but just not mentioned in this post? I am trying to research and find ALL that are exempt. It would be helpful if the state of Indiana would have listed the locations that were exempt from the premption right in the bill or premption law so we know up front. Shouldnt have to research this...

    Another question. I have searched all over the internet trying to locate an OFFICAL (or any source) source of documentation for East Chicago and Gary Indiana's gun laws in regard to firearms being prohibited on public property, I cannot find anything, can anyone tell me where I can locate?

    Thanks,
    Doug
    Last edited by dapaq2; 07-04-2016 at 01:11 PM.

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by dapaq2 View Post
    Are East Chicago Indiana and Gary Indiana the ONLY cities that are exempt from the state premption or are there other cities/municipalities that are also exempt from the Indiana state preemption of firearm laws but just not mentioned in this post? I am trying to research and find ALL that are exempt. It would be helpful if the state of Indiana would have listed the locations that were exempt from the premption right in the bill or premption law so we know up front. Shouldnt have to research this...

    Another question. I have searched all over the internet trying to locate an OFFICAL (or any source) source of documentation for East Chicago and Gary Indiana's gun laws in regard to firearms being prohibited on public property, I cannot find anything, can anyone tell me where I can locate?

    Thanks,
    Doug
    By the very definition of preemption, I don't see how any city could possibly be exempt from state preemption.
    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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    Quote Originally Posted by dapaq2 View Post
    Are East Chicago Indiana and Gary Indiana the ONLY cities that are exempt from the Indiana state premption or are there other cities/municipalities that are also exempt but just not mentioned in this post? I am trying to research and find ALL that are exempt. It would be helpful if the state of Indiana would have listed the locations that were exempt from the premption right in the bill or premption law so we know up front. Shouldnt have to research this...

    Another question. I have searched all over the internet trying to locate an OFFICAL (or any source) source of documentation for East Chicago and Gary Indiana's gun laws in regard to firearms being prohibited on public property, I cannot find anything, can anyone tell me where I can locate?

    Thanks,
    Doug
    IC 35-47-11.1
    https://iga.in.gov/static-documents/...R47_ch11.1.pdf

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    protias, I beleive THIS premption law has been worded so that any law already established prior to 1994? 2011? is exempt from THIS premption law.

    Color of Law, Thank you, but what you provided is the actual Indiana State Premption Law and is not what I am looking for. I am looking for the actual gun laws for East Chicago and Gary Indiana that are considered exempt from this Indiana State Premption. I am also wanting to know if there are any other cities or municipalities that are are also exempt in addition to East Chicago and Gary. It would be so much easier if the State of Indiana would have listed ALL cities or (political subdivisions) that are exempt.

    Thanks,
    Doug
    Last edited by dapaq2; 07-04-2016 at 02:31 PM.

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    ten, nine, eight, seven, six....

    ipse
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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by dapaq2 View Post
    protias, I beleive THIS premption law has been worded so that any law already established prior to 1994? 2011? is exempt from THIS premption law.

    Color of Law, Thank you, but what you provided is the actual Indiana State Premption Law and is not what I am looking for. I am looking for the actual gun laws for East Chicago and Gary Indiana that are considered exempt from this Indiana State Premption. I am also wanting to know if there are any other cities or municipalities that are are also exempt in addition to East Chicago and Gary. It would be so much easier if the State of Indiana would have listed ALL cities or (political subdivisions) that are exempt.

    Thanks,
    Doug
    I haven't read the preemption law carefully, so I'm not sure if certain laws are un-preempted (based on date of passage), but why not simply as E. Chicago and Gary what their laws are and when they were passed?
    Last edited by BB62; 07-04-2016 at 03:15 PM.

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    Quote Originally Posted by protias View Post
    By the very definition of preemption, I don't see how any city could possibly be exempt from state preemption.
    Quote Originally Posted by color of law View Post

    I think what has happened here is that both color of law and protias are attempting to tell you that they don't see an exemption for East Chicago or Gary. Also, you have claimed that this exemption exists, but have provided no proof that it does, yet you continue to assert that it exists. How about you show us all where you got this information and what you are basing your question on. Perhaps, then, we will try to explain it to you. It is very difficult to explain something that you have never seen or heard about. In other words, the burden to prove that there is such an exemption for East Chicago and Gary is yours. I don't see such an exemption in the Indiana statutes and the only person claiming that it exists is you. Show us where you are getting this information or is it just a rumor? I have never known protias or color of law to deal in rumors.
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.

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    "If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; May your chains set lightly upon you, and may posterity forget that ye were our countrymen."

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    Here is the general and permanent ordinances of the City of Gary, Indiana.
    http://www.garycityclerk.com/intrane...%2fcodesy.aspx
    If you notice you mus give them your email to see it. In other words their laws are secrete.


    City of East Chicago Municipal Code
    http://www.eastchicago.com/EC-City-C...ted4.23.12.pdf
    § 136.06 POINTING OR DISCHARGING FIREARMS.
    (A) No person shall fire or discharge any gun, pistol or other firearm within the city, except upon premises used by a duly licensed or approved shooting gallery, gun or rifle club. No cannon or piece of artillery shall be discharged or fired off in any public way or other place within the city, except upon the express permission of the Common Council.
    (B) The provisions of this section shall not apply to members of the police force or other peace officers engaged in the discharge of their official duties, nor to any person summoned by any of officers to assist in making arrests or preserving the peace while the person so summoned is engaged in assisting the officer, nor to sheriffs, coroners or constables.
    (C) The restrictions of this section shall not apply to the use of or discharge of any gun loaded with blank cartridges when used in athletic contests.
    (1995 Code, § 9.28.060) Penalty, see § 36.99
    Last edited by color of law; 07-04-2016 at 05:34 PM. Reason: additions

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    Color of Law, Thank you for those links, I will take a look at them as soon as I can get to a faster internet connection, their web site page currently does not want to load for me.

    Gutshot, I am not 'claiming' anything, I am just going by what I read that was posted by user Protect our Rights, on the very first posting of this subject and asking for further information about East Chicago and Gary, and any others that apply. I am only making a reply from where this post left off, please start at post number one and read through the discussions to catch up on the previous discussion. Thanks...

    Quote Originally Posted by protect our rights View Post
    However, local laws passed before January 1, 1994[112] or for certain narrowly defined emergency situations are valid. East Chicago and Gary have local laws that still apply. Governing units may restrict firearms possession on public property.
    If what user "Protect our Rights" wrote is NOT correct, can someone please let me know what the correct information is on this. I want to make sure there are no 'hidden' cities or "Political Subdivisions" that are exempt from the Indiana State Premption Law, I dont want to be in one of these locations unknowingly and get myself into trouble for violating one of their exempted laws.

    Thanks,
    Doug

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    Quote Originally Posted by color of law View Post
    Here is the general and permanent ordinances of the City of Gary, Indiana.
    http://www.garycityclerk.com/intrane...%2fcodesy.aspx
    If you notice you mus give them your email to see it. In other words their laws are secrete.


    City of East Chicago Municipal Code
    http://www.eastchicago.com/EC-City-C...ted4.23.12.pdf

    My favorite is 136.08 coupled with 136.99(B). If you posses an automatic or semi-automatic rifle, it can be confiscated. If it is loaded, it can be confiscated, again. I guess its best to just keep any semi-auto rifle unloaded. That way it can only be confiscated once. Better to be safe than sorry.

    I don't see anything here that exempts them from preemption. The OP has not produced anything that says so. Until I see something that says it, I am calling BS.
    Last edited by gutshot; 07-04-2016 at 11:07 PM.
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.

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    "If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; May your chains set lightly upon you, and may posterity forget that ye were our countrymen."

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    Exclamation Nope...

    Quote Originally Posted by protect our rights View Post
    Short barreled shotguns (barrels under 18", OAL less than 26" length), are absolutely prohibited.

    http://en.wikipedia.org/wiki/Gun_law...state)#Indiana
    Wrong. Good thread, except for this part. The state law prohibiting SBS's was repealed in Feb, 2015.
    IC 35-47-5-4 and IC 35-47-5-4.1


    I got one of these right afterwards. Good gun. Easy to keep in the truck, and use in close quarters if needed.

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    Quote Originally Posted by ICBM View Post
    Wrong. Good thread, except for this part. The state law prohibiting SBS's was repealed in Feb, 2015.
    IC 35-47-5-4 and IC 35-47-5-4.1


    I got one of these right afterwards. Good gun. Easy to keep in the truck, and use in close quarters if needed.
    Well, he wasn't "wrong". He was right when he said it. The post that you have quoted and responded to is from 2011, well before the date you give for the repeal of the law prohibiting SBS's.
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.

    William Pitt



    "If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; May your chains set lightly upon you, and may posterity forget that ye were our countrymen."

    Samuel Adams









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    Accomplished Advocate BB62's Avatar
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    ** East Chicago and Gary CANNOT have their own laws! **

    Quote Originally Posted by dapaq2 View Post
    protias, I beleive THIS premption law has been worded so that any law already established prior to 1994? 2011? is exempt from THIS premption law.

    Color of Law, Thank you, but what you provided is the actual Indiana State Premption Law and is not what I am looking for. I am looking for the actual gun laws for East Chicago and Gary Indiana that are considered exempt from this Indiana State Premption. I am also wanting to know if there are any other cities or municipalities that are are also exempt in addition to East Chicago and Gary. It would be so much easier if the State of Indiana would have listed ALL cities or (political subdivisions) that are exempt.

    Thanks,
    Doug
    I previously promised, but have been slow about posting a response from people more knowledgeable than I.

    Bottom line, IN has preemption, and local laws 1994 or prior, or 2011 or prior, or whenever, DON'T COUNT ANYMORE.

    Here's a summary, and a link to a post in a discussion I started on the IndyGunOwners forum, where I believe everyone's questions and assertions have been responded to:

    "I must apologize. I thought I'd included a link to the text of the law. I didn't do so. Indiana Code 2016 - Indiana General Assembly, 2016 Session

    The 1994 date, as I understand it, is now meaningless, due to IC 35-47-11.1-3

    IC 35-47-11.1-3 Voidance of political subdivision ordinances, measures, enactments, rules, policies, and exercises of proprietary authority

    Sec. 3. Any provision of an ordinance, measure, enactment, rule, or policy or exercise of proprietary authority of a political subdivision or of an employee or agent of a political subdivision
    acting in an official capacity:
    (1) enacted or undertaken before, on, or after June 30, 2011;
    and
    (2) that pertains to or affects the matters listed in section 2 of
    this chapter;
    is void.
    As added by P.L.152-2011, SEC.4.


    Originally Posted by actaeon277
    Bill of Rights,

    I would add to your comment about employers/employees.
    Employees may have a gun in a parking lot (with certain exemptions)


    Truth:
    IC 34-28-7

    Thanks for pointing it out. OP, an article from 2011 is, as you see, hardly an accurate source. Our laws have changed much, and much for the better. We still, as I said, have some work to do, but many restrictions have gone away in a short time.

    Blessings,
    Bill"


    LINK: http://ingunowners.com/forums/legisl...preempted.html
    Last edited by BB62; 08-04-2016 at 11:00 AM.

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