I am very new to the whole open carry world. I have a LTCF from PA, I travel alot to Indiana to visit the family. My question is would my LTCF from PA also allow me to open carry in Indiana or would I have to conceal. Any information would be great. Thanks.
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Open carry in Indiana
- Thread starter ron2shel
- Start date
xmanhockey7
Regular Member
- Joined
- Jun 15, 2010
- Messages
- 1,195
Since Indiana recognizes all carry permits yes you can open carry in Indiana on your PA LTCF. Make sure you look up where you can and can't carry but Indiana has very few places where you can't which is very nice.
Jeffrey Sampson
New member
Not quite right
Being an out-of-state licensee, you must follow the laws of the state that issued your license. If you can open-carry in PA (which I think they allow), then you can here. When I first moved here, I could not technically open-carry with my GA license...but there are few, if any, LEOs that know what the laws in other states are. If it doesn't say "concealed" anywhere on your card, you're probably ok. Note...Indiana residents must use an Indiana handgun license while in the state of Indiana.
Hope that helps
Being an out-of-state licensee, you must follow the laws of the state that issued your license. If you can open-carry in PA (which I think they allow), then you can here. When I first moved here, I could not technically open-carry with my GA license...but there are few, if any, LEOs that know what the laws in other states are. If it doesn't say "concealed" anywhere on your card, you're probably ok. Note...Indiana residents must use an Indiana handgun license while in the state of Indiana.
Hope that helps
ATM
Campaign Veteran
Not really. You must follow Indiana laws while in Indiana.
Recognizing other licenses "according to the terms thereof" doesn't mean according to the laws of the issuing state.
For instance, you could carry in a bar in Indiana even if that would be illegal in the issuing state.
cce1302
Regular Member
In agreement with ATM, your out of state license isn't any good at the Indiana State Fairgrounds, even if it is good in your home state fairgrounds.
Indiana law does not differentiate between open and concealed carry.
Indiana law does not differentiate between open and concealed carry.
Indiana law does not differentiate between open and concealed carry.
That's going in my signature line.
xmanhockey7
Regular Member
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ATM and CCE are correct.
xd shooter
Regular Member
Do you guys have a cite or case history for this determination? It has been discussed before, but I'm unsure of the outcome...
For instance my MI CPL is a CONCEALED Pistol License. I do not have an Open Carry License. If an IN LEO looks at my License, and reads CONCEALED, what will he do If I'm Open Carrying?
ATM
Campaign Veteran
http://www.in.gov/legislative/ic/code/title35/ar47/ch2.html
IC 35-47-2-21
...(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.
People just try to read too much into "the terms thereof" from the Indiana code which recognizes other licenses.
The laws of the issuing state are certainly terms by which the carrier must abide while in that state, but those laws are not terms by which the carrier may or must abide while in another state. Their carry laws may actually be in conflict with the laws of other states. These are not terms of the license
If "terms thereof" were to include permitted words on the license like "concealed" to exclude any other type of carry, then I guess Indiana would only recognize those states that issue a "license" rather than naming them a "permit", and then only for "handguns" rather than "weapons".
"Terms thereof" would mean that an expired license would not be recognized. If there were a license (not just the issuing state's laws) that specifically prohibited the carrier from or restricted their manner of carry anywhere, (example: licensee may only carry while wearing glasses or contact lenses) that might stand up as a term thereof in Indiana as well.
The lack of case law suggests that non-resident carriers don't seem to get charged (or at least aren't prosecuted) for this non-issue.
A case would revolve around the intent of this recognition code, since there would be no other actual Indiana law violation to charge them with but carrying without a (recognized) license. I don't think that's going to happen.
An Indiana LEO should conclude if your license/permit is valid and thus recognized before sending you on your way to carry legally according to Indiana's laws.
IC 35-47-2-21
...(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.
People just try to read too much into "the terms thereof" from the Indiana code which recognizes other licenses.
The laws of the issuing state are certainly terms by which the carrier must abide while in that state, but those laws are not terms by which the carrier may or must abide while in another state. Their carry laws may actually be in conflict with the laws of other states. These are not terms of the license
If "terms thereof" were to include permitted words on the license like "concealed" to exclude any other type of carry, then I guess Indiana would only recognize those states that issue a "license" rather than naming them a "permit", and then only for "handguns" rather than "weapons".
"Terms thereof" would mean that an expired license would not be recognized. If there were a license (not just the issuing state's laws) that specifically prohibited the carrier from or restricted their manner of carry anywhere, (example: licensee may only carry while wearing glasses or contact lenses) that might stand up as a term thereof in Indiana as well.
The lack of case law suggests that non-resident carriers don't seem to get charged (or at least aren't prosecuted) for this non-issue.
A case would revolve around the intent of this recognition code, since there would be no other actual Indiana law violation to charge them with but carrying without a (recognized) license. I don't think that's going to happen.
An Indiana LEO should conclude if your license/permit is valid and thus recognized before sending you on your way to carry legally according to Indiana's laws.
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xmanhockey7
Regular Member
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Exactly ATM. Also if it were someone from Illinois trying to carry on a FOID card that wouldn't be recognized because it's only to purchase a gun. Being a MI resident if they really charged me I'd go to court saying that I do have a "License (to) purchase, carry, possess, or transport pistol".
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xd shooter
Regular Member
What does this license look like and where can I get one?
The one I have says Michigan Concealed Pistol License...
xmanhockey7
Regular Member
- Joined
- Jun 15, 2010
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- 1,195
It's what most call it, a permit to purchase. Many think it is only for purchase but when you look it up in the Michigan firearms laws:
Phillip Denton
Regular Member
i wanted to say thankyou all, i am from wa and have my wa cpl and will be visiting family in your great state in june, you answered my question before i asked, though i am still gonna look up state law on carry. have a great day y'all
Stego
Newbie
Concealed
If your license says concealed then you must carry concealed. Indiana makes no distinction between concealed or open, but only if you have an Indiana license to carry. Your license specifically says concealed. If you open carry, you will probably get arrested and/or at the very least have your weapon impounded! Don't take my word for it though, laws and the interpretation of them vary greatly!
If your license says concealed then you must carry concealed. Indiana makes no distinction between concealed or open, but only if you have an Indiana license to carry. Your license specifically says concealed. If you open carry, you will probably get arrested and/or at the very least have your weapon impounded! Don't take my word for it though, laws and the interpretation of them vary greatly!
color of law
Accomplished Advocate
Absolutely wrong. I open carry in Indiana all the time. I'm from Ohio. Ohio license says "Ohio license to Carry a Concealed Handgun." However, the license does NOT require the firearm to be carried concealed and there is no law that says otherwise.
IC 35-47-2-21
...(b) Licenses to carry handguns, [strike]issued by other states or foreign countries,[/strike] will be recognized according to the terms thereof but only while the holders are not residents of Indiana.
The words on the license is NOT the terms of the license.
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gutshot II
Regular Member
Welcome to OCDO, Stego. You do realize that you have posted to a six year old thread, don't you? Before your post today, the last post to this thread was December 1, 2011.
As was posted before, there is a great deal of uncertainty about this subject. Several times others have posted the same opinion that you have posted. As a matter of fact, it has been posted so many times that no one has posted to this thread for six years, because the subject has been exausted, but no one has been able to post any proof that opinion is anything more than rumor.
Can you cite a court case where what you say has actually happened in an Indiana court? I know of no one that has been arrested in Indiana for open carrying on an out of state "concealed" carry license. Can you give us the name of a person arrested for that? Can you give us the name of a police officer that has made such an arrest? Can you give us a "case number" where a charge was filed under these circumstances? Can you give us anything except your opinion of what would "probably" happen? What about a written opinion by the Indiana Attorney General or any other legal authority. On OCDO, the standard is higher than that. I assume that you read the rules of OCDO before you posted. If you did not, the "Basic Rules" of OCDO can be read here: http://forum.opencarry.org/forums/misc.php?do=showrules
Please notice Rule 5. (5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
Most of the members here on OCDO are aware of the "rumors" surrounding the Indiana law and restating that "rumor" does little to clarify the subject.
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Don't know who your instructor was, but you could not be more wrong. when something is not specifically forbidden, it is by default legal.
Indiana has state preemption on gun laws and the application does not vary.
To read real open carry stories from Indiana or to contribute your own, click here
JamesCanby
Activist Member
Sometimes, Grape, the wrong information is simply inexplicable. Several years ago I took a class from a Virginia local NRA Certified Instructor teaching a standard NRA class at the NRA Range who opined that Virginia's Concealed Handgun Permit (CHP) meant that one could only carry ONE concealed handgun at a time, that if the law meant you could carry more than one concealed handgun at a time it would have been called the Concealed HandgunS Permit! You can't make this stuff up.
Virginia has an answer for that:
"§ 1-227. Number.
A word used in the singular includes the plural and a word used in the plural includes the singular."
https://www.google.com/search?q=va+law+on+singular+vs+plural&ie=utf-8&oe=utf-8
I suspect most (all?) states have a similar law.
ISRAEL
Regular Member
I came to Indianapolis to visit my family, I live in Arizona and before I lived in Idaho, and in both states I do not need any permit to CC 0r O.C. What can I do to CC or O.C in Indiana if Arizona do not give any permits?? and in my 3 weeks here I have not see any O.Carriers. This is a very beautiful state. very green.