Indiana...permit to OC

self preservation · Apr 9, 2012

I recently bought my wife a Taurus TCP .380. We live in Ky but her family is in Indiana. That weekend she was going there to visit. I told her to take her gun with her "just in case". We OC here (in KY) all the time and I thought that you could do so anywhere in America. She said she thought Indiana law was different from Ky law. At first I told her she was crazy and that the 2nd protected that ANYWHERE in the USA. But I called ISP to prove her wrong. I just about **** when the trooper told me that if we were caught OC'ing in Indiana without a permit that we would be arrested. I thought maybe this trooper didnt know straight up so I called a different number to speak to another trooper. He told me the same thing. I ask where the constitution played into this. He said that they didnt refuse you the right to carry, that you just had to buy a permit. My response was "so you have to pay for your rights?" I wanted to ask him if I could even say that freely or if I needed to buy a permit so I could have my freedom of speach...made me sick and oh so glad that we live in KY. How do the states do this?

xmanhockey7 · Apr 9, 2012

self preservation said:
I recently bought my wife a Taurus TCP .380. We live in Ky but her family is in Indiana. That weekend she was going there to visit. I told her to take her gun with her "just in case". We OC here (in KY) all the time and I thought that you could do so anywhere in America. She said she thought Indiana law was different from Ky law. At first I told her she was crazy and that the 2nd protected that ANYWHERE in the USA. But I called ISP to prove her wrong. I just about **** when the trooper told me that if we were caught OC'ing in Indiana without a permit that we would be arrested. I thought maybe this trooper didnt know straight up so I called a different number to speak to another trooper. He told me the same thing. I ask where the constitution played into this. He said that they didnt refuse you the right to carry, that you just had to buy a permit. My response was "so you have to pay for your rights?" I wanted to ask him if I could even say that freely or if I needed to buy a permit so I could have my freedom of speach...made me sick and oh so glad that we live in KY. How do the states do this?

Different states have different laws. I'd suggest not carrying in any state until you know their laws. Illinois for example does not allow any form of carry for regular citizens. It is true if you are going to open carry or concealed carry in Indiana you must have a permit to carry but it can be from any state, resident or non-resident. While many of us on here believe you should not need a permit to carry concealed or openly anywhere in the U.S. that is not the case. You can get yourself in some very hot water if you illegally carry. This website does a pretty good job of showing the carry laws of various states. Also keep in mind that certain states that have concealed carry but ban open carry (Florida for example).
http://www.handgunlaw.us/

IC 35-47-2-21
Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
(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.

BGordon42 · Apr 10, 2012

gutshot said:
By passing laws. The same way Ky. says you can't carry a gun on school property or in a bar. No right is absolute, in KY. or anywhere else. Just owning a handgun was illegal in DC for 40 years.

Washington, D.C. is not a state as defined by the government, and therefore is not covered by the Constitution per se. That is the loophole that was used for so long to prevent U.S. citizens from legally owning a handgun if they were a resident of the District.

cce1302 · Apr 10, 2012

Indiana doesn't have a permit to open carry. They have a license to carry a handgun, which covers both concealed and open carry. Indiana law does not differentiate between open and concealed carry. Indiana does recognize all other state-issued handgun carry licenses (according to the terms thereof and while the holder is not a resident of Indiana).

How does Indiana get away with it? How does the federal government get away with the 1934 NFA, 1968 GCA, and 1986 FOPA?

How does Kentucky get away with requiring a permit to conceal a handgun and limiting it to only those 21 and older? How do they get away with requiring a class and a tax to carry a concealed handgun?

Citizens let their state and federal governments get away with violating the second amendment. We/you don't hold them accountable to the law that was written to restrain them.

Next time you visit, check this link: http://www.in.gov/legislative/ic/code/title35/ar47/ It's better than calling the state police.

CathyInBlue · Apr 12, 2012

If you have a KY LTCH, then yes, you can freely swim the river (or use one of the bridges, if they haven't all fallen down) and OC in IN. I think the police wonks you talked to on the phone were under the impression you had no out of state licenses whatsoever. If that is, in fact the case, then they are correct.

Titanium_frost · Apr 13, 2012

gutshot said:
Cathy, you are factually correct, but Indiana has a "License to Carry Handgun" (LTCH). Ky. does not. We have a "Carry Concealed Deadly Weapons License" (CCDW). It may not be a great distinction and may not matter to you in Indiana, but on our side of the river we are not limited to handguns. We can carry any deadly weapon we want and as many as we want in any combination we want. Of course, on the Indiana side, Hoosier law prevails. Don't forget that in Ky., our license is only necessary to conceal, we can OC most weapons without any license.

Well if you want to start comparing who can carry what and where and when then we trump you in long gun carry because no permit is required open/concealed/loaded whatever. We only need a permission slip to carry our handguns.

In the way that infringements go its not too bad and we only have to go through it once with our Lifetime licenses. We also recognize any carry license from any other state or country because we are cool like that.

Something else to consider is our complete state preemption of gun laws. No longer do you have to worry about carrying in one city and not another. There are no local laws to memorize, just the (relatively) simple state laws/infringements.

Sent from my BlackBerry while OCing at the Zoo

cce1302 · Apr 14, 2012

Don't forget, knives* are not prohibited from being carried concealed or openly in Indiana either. The handgun is the only weapon where carry is limited until you pay your $125 lifetime carry tax (no training required).

Also, we can carry in restaurants that are licensed to sell alcohol as well as bars.

*Switchblades are prohibited to own, but we're working on that. It's pretty much moot anyway since there are plenty of fast-opening non-switchblades like the Kershaw Leek. Also, chinese throwing stars are illegal :O

Timjoebillybob · Apr 23, 2012

cce1302;1737549 The handgun is the [I said:
only[/I] weapon where carry is limited until you pay your $125 lifetime carry tax (no training required).

Not quite correct, tasers and stun weapons also require a ltch.
IC 35-47-8-4
Applicability of handgun provisions
Sec. 4. IC 35-47-2 applies to an electronic stun weapon or taser.
As added by P.L.318-1985, SEC.3.

IC 35-47-8-1
"Electronic stun weapon" defined
Sec. 1. As used in this chapter, "electronic stun weapon" means any mechanism that is:
(1) designed to emit an electronic, magnetic, or other type of charge that exceeds the equivalency of a five (5) milliamp sixty (60) hertz shock; and
(2) used for the purpose of temporarily incapacitating a person.

IC 35-47-8-3
"Taser" defined
Sec. 3. As used in this chapter, "taser" means any mechanism that is:
(1) designed to emit an electronic, magnetic, or other type of charge or shock through the use of a projectile; and
(2) used for the purpose of temporarily incapacitating a person.
As added by P.L.318-1985, SEC.3.

cce1302 · Apr 23, 2012

Timjoebillybob said:
Not quite correct, tasers and stun weapons also require a ltch.
IC 35-47-8-4
Applicability of handgun provisions
Sec. 4. IC 35-47-2 applies to an electronic stun weapon or taser.
As added by P.L.318-1985, SEC.3.

IC 35-47-8-1
"Electronic stun weapon" defined
Sec. 1. As used in this chapter, "electronic stun weapon" means any mechanism that is:
(1) designed to emit an electronic, magnetic, or other type of charge that exceeds the equivalency of a five (5) milliamp sixty (60) hertz shock; and
(2) used for the purpose of temporarily incapacitating a person.

IC 35-47-8-3
"Taser" defined
Sec. 3. As used in this chapter, "taser" means any mechanism that is:
(1) designed to emit an electronic, magnetic, or other type of charge or shock through the use of a projectile; and
(2) used for the purpose of temporarily incapacitating a person.
As added by P.L.318-1985, SEC.3.

Thanks; I guess I'm rusty on that chapter.

That does make me think though...Does 35-47-11.1 then void all local laws concerning "Electronic stun weapons" and "tasers"? The reason I ask is because I believe South Bend has a prohibition on one or both. Not that I'd carry one since I have a gun, but it still would be useful to know.

Timjoebillybob · Apr 30, 2012

cce1302 said:
Thanks; I guess I'm rusty on that chapter.

That does make me think though...Does 35-47-11.1 then void all local laws concerning "Electronic stun weapons" and "tasers"? The reason I ask is because I believe South Bend has a prohibition on one or both. Not that I'd carry one since I have a gun, but it still would be useful to know.

That I have no idea on. Way way over my pay grade. I'm guessing it will be up in the air till their is a test case.

Titanium_frost · May 10, 2012

IMO, the preemption bill (formerly SB292) only applies to firearms. Tazers and stunguns do not meet Indiana's definition of a firearm to my knowledge.

Why they are included in the LTCH requirements? Got me there too.

Mark 1911 · May 10, 2012

Your Kentucky permit is valid in Indiana, and Open Carry is legal in Indiana. The only requirement is that you have a valid permit, and Indiana recognizes any valid permit from any state, or from any other country for that matter.

hermannr · May 11, 2012

Mark 1911 said:
Your Kentucky permit is valid in Indiana, and Open Carry is legal in Indiana. The only requirement is that you have a valid permit, and Indiana recognizes any valid permit from any state, or from any other country for that matter.

I find this thread interesting...I too was under the impression unlicensed OC was legal in IN. (like it is in just about every western state except commufornia Hum...I have a WA CPL, but never though I would need it in IN....already know I don't need it in KY or PA...been there done that. I've driven through IN before, but I don't think we have ever stopped, no reason to. After 40 years of open carry I am being a bit more cautious about other state's laws, even if I don't plan on stopping in that state.

self preservation · May 11, 2012

Mark 1911 said:
Your Kentucky permit is valid in Indiana, and Open Carry is legal in Indiana. The only requirement is that you have a valid permit, and Indiana recognizes any valid permit from any state, or from any other country for that matter.

Thats the thing. My "permit" to OC in KY is called the KY constitution as well as the US constitution. IN said I would be arrested if I OC in IN. Lucky for me KY didnt take a right, convert it to a privilege and then charge me a fee for it.

self preservation · May 11, 2012

hermannr said:
I find this thread interesting too..I too was under the impression unlicensed OC was legal in IN. (like it is in just about every western state except commufornia Hum...I have a WA CPL, but never though I would need it in IN....already know I don't need it in KY or PA...been there done that. I've driven through IN before, but I don't think we have ever stopped, no reason to. After 40 years of open carry I am being a bit more cautious about other state's laws, even if I don't plan on stopping in that state.

I thought that too but if you want to exercise your 2nd amendment right in Indiana...............you better pay a little money to them first. If you do have a conceal license then you should be ok in IN...But yes you are correct about OC in KY... We love freedom and we like too share those FREEdoms with all who visit our state. No cover charge required ever...

ComradeV · May 11, 2012

It's not perfect but at least Indiana offers lifetime issue LTCH.

hermannr · May 12, 2012

self preservation said:
I thought that too but if you want to exercise your 2nd amendment right in Indiana...............you better pay a little money to them first. If you do have a conceal license then you should be ok in IN...But yes you are correct about OC in KY... We love freedom and we like too share those FREEdoms with all who visit our state. No cover charge required...

Well, If you come visit the western states, like mine, WA...don't worry that your nanny permit isn't recognized, unlicensed OC if for anyone and everyone that can legally posses (fed law)

Wwwildthing · May 12, 2012

If you don't live or work in Indiana, you can't get a LTCH (permit) here... you'll need one from the state you reside in.

Jared · May 12, 2012

BGordon42 said:
Washington, D.C. is not a state as defined by the government, and therefore is not covered by the Constitution per se. That is the loophole that was used for so long to prevent U.S. citizens from legally owning a handgun if they were a resident of the District.

That is completely untrue and I have no idea where you heard that.

D.C. prohibited registration certificates for handguns in 1976... because they could. There was no recognized 2nd amendment right.

If what you were saying was true then Morton Grove, Oak Park, Winnetka, Evanston, and Chicago would not have been able to ban handgun possession.

The 4th amendment was upheld in the 1970's in Puerto Rico and last time I checked, Puerto Rico was not, and still is not, a state.

self preservation · May 14, 2012

ComradeV said:
It's not perfect but at least Indiana offers lifetime issue LTCH.

Ky has a lifetime permit to carry a gun too....Its called the constitution...no charge...

Indiana...permit to OC

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