imported post
Soundslikejosh wrote:
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.
As added by P.L.311-1983, SEC.32.
A license issued by another entity will be honored, as long as the holder follows the terms of the license. In this case, that means that because a FL permit does not allow OC, a person carrying in IN with a FL license cannot OC (that would not be carrying according to the terms of FL law). I am more than willing to listen to a convincing argument to the contrary.
Regards,
Josh
IMO as someone who studied various aspects of law at the ILEA (though I am NOT a lawyer), I have to agree with Josh here. While, again, I'm NOT a lawyer, I can assure you that Indiana WOULD quite likely interpret that IC the way Josh has.
Those "five words", "
according to the terms thereof", are very important, at least the way Indiana (and it's attorneys, which of course includes judges) would interpret them. Just as there's a difference between the words "shall" and "will" in law.
In this instance, in layman's terms IC 35-47-2-21 say, in essence, that Indiana will accept the license of another state as long as the holder adhere's to the terms of THAT license. That means if the terms of the license does not allow for open carry, then the licensee may not open carry in ANY state where the license is accepted.
That's what "according to the terms thereof" means. The licensee MUST adhere to whatever rules & regs the issuing State has required / imposed.
NOW, in a practical sense if I were still a beat cop and you're here from Florida with a valid Florida CCW, unless YOU'RE a problem I'm gonna look at your license and be on my way. You're allowed to carry a gun under Indiana (via Florida) law, and that's fine by me. I don't personally carry if you're carrying CC or OC, only that you're legally entitled to be armed. Good, one more good guy armed, one more guy for the bad guys to be concerned about.
Also in a practical sense, as a beat cop I'm unlikely to even know that Florida requires CC only, and prohibts OC, because I'm less likely to be familiar with Florida law than Indiana law. Indiana allows OC, Indiana says if you have a valid Florida CCW you're welcome here, then I ain't splittin' hairs on irrelevant details.
AND, I have a "defense" as a beat cop IF I'm ever challenged about letting you slide because Indiana does have OC allowed under an Indiana CCW, therefore I'm allowing the Florida CCW holder the same courtesies / rights / previligeswe have provided our own licensees and by CCW reciprocity. I can say (to whomever) "Hey, YOU allow the guy here with his Florida CCW, and YOU allow OC in my State, therefore common sense says the Florida guy cancarry OC here as well."
But in strict interpretation, I would have to agree with Josh.
Just my own thoughts, friends.