Welcome Hoosiers to INGunOwners.com.

You are currently viewing our firearms community as a guest which gives you limited access to many features. By joining our community you will have access to post and respond to topics, communicate privately with other members (PM), upload content, and much more!

Registration is fast, simple and absolutely free so please, CLICK HERE to join our community today!

Go Back   INGunOwners > The Range > Carry Issues and Self Defense


Reply
 
LinkBack Thread Tools Display Modes
Old 01-16-2008   #1 (permalink)
Marksman
 
Dave's Avatar
 
Join Date: Jan 2008
Location: Carmel
Posts: 376
Dave is on a distinguished road
Exclamation State of Indiana Firearms FAQ - Good Info

http://www.in.gov/isp/files/firearms_FAQ_02_08.pdf
__________________
“If guns cause crime, all of mine are defective.” - Ted Nugent

Last edited by Scutter01; 02-19-2009 at 05:35. Reason: Fixed link
Dave is offline  
Digg this Post!
Reply With Quote
Old 01-16-2008   #2 (permalink)
Gun Apologist
 
38special's Avatar
 
Join Date: Jan 2008
Location: Southside Indy
Posts: 396
38special is a name known to all38special is a name known to all38special is a name known to all38special is a name known to all38special is a name known to all38special is a name known to all
Some great information. I have seen questions raised regarding the new lifetime permit. This answers it.
__________________
They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.

-Benjamin Franklin
38special is offline  
Digg this Post!
Reply With Quote
Old 02-18-2009   #3 (permalink)
Not an expert... always learning!
 
Josh Smith's Avatar
 
Join Date: May 2008
Location: Wabash
Posts: 1,505
Josh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant future
Link is dead...
__________________

The Roman Empire fell due to a large, corrupt government, overspending, an overextended military, insecure borders, and the illegal immigration of Goths, barbarians (anyone who was not educated), and religious fanatics. Sound familiar?
Josh Smith is offline  
Digg this Post!
Reply With Quote
Old 02-19-2009   #4 (permalink)
Cogito, ergo porto.

 
Bill of Rights's Avatar
 
Join Date: Apr 2008
Location: Wherever the bacon is. Anywhere else is not living, just existing.
Posts: 5,120
Bill of Rights has a reputation beyond repute
Bill of Rights has a reputation beyond reputeBill of Rights has a reputation beyond reputeBill of Rights has a reputation beyond reputeBill of Rights has a reputation beyond reputeBill of Rights has a reputation beyond reputeBill of Rights has a reputation beyond repute
Quote:
Originally Posted by Josh Smith View Post
Link is dead...
New link:
http://www.in.gov/isp/files/firearms_FAQ_02_08.pdf

They just moved stuff around and maybe updated it a bit, considering the new filename.

Blessings,
Bill
__________________
Thanks for your help in keeping this a great forum!
(or click this pic at the top of any screen)
(What? INGO has a FAQ? Yes! INGO has a FAQ!)
Bill of Rights is offline  
Digg this Post!
Reply With Quote
Old 02-18-2009   #5 (permalink)
Not an expert... always learning!
 
Josh Smith's Avatar
 
Join Date: May 2008
Location: Wabash
Posts: 1,505
Josh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant future
I'm selling a pistol, did a bunch of research, and the way it looks, the thing must be gifted from a parent or guardian. It will be in his or her name on the 4473.

The ISP site is now quiet on the subject.

This all really sucks, because I believe I should be able to sell to anyone I wish to, and I know some 18 year olds who are more mature than soem 40 year olds!

Josh <><
__________________

The Roman Empire fell due to a large, corrupt government, overspending, an overextended military, insecure borders, and the illegal immigration of Goths, barbarians (anyone who was not educated), and religious fanatics. Sound familiar?
Josh Smith is offline  
Digg this Post!
Reply With Quote
Old 02-19-2009   #6 (permalink)
Not an expert... always learning!
 
Josh Smith's Avatar
 
Join Date: May 2008
Location: Wabash
Posts: 1,505
Josh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant future
Thank you, Bill!

Code:
IC 35-47-2.5-14
Providing handgun to ineligible purchaser; exemptions

<snip>

(b) A person who purchases a handgun with the intent to:
(1) resell or otherwise provide the handgun to another person who the person knows or has
reason to believe is ineligible for any reason to purchase or otherwise receive from a dealer a
handgun; or
(2) transport the handgun out of the state to be resold or otherwise provided to another
person who the transferor knows is ineligible to purchase or otherwise receive a firearm;
commits a Class D felony.
(c) If the violation of this section involves a transfer of more than one (1) handgun, the offense
is a Class C felony.
As added by P.L.17-1997, SEC.8.
IC 35-47-2.5-15
Ineligible purchaser attempting to purchase handgun; violation
Sec. 15. (a) A person who is ineligible to purchase or otherwise receive or possess a handgun
in Indiana who knowingly or intentionally solicits, employs, or assists any person in violating
section 14 of this chapter commits a Class D felony.
(b) If the violation involves a transfer of more than one (1) handgun, the offense is a Class C
felony.
As added by P.L.17-1997, SEC.8.
Reading this, it appears a private sale to anyone under 21 is a crime, and the pistol must be gifted to the person by a guardian.

The key word here is "intent." However, the last bold type seems to, where it says "A person who is ineligible to purchase"... I just don't know if that means "inelligible to purchase from an FFL" or what.

This is a gray area, and one that needs to be more properly defined. I do not know what the spirit of the law is intended to be, but the way I read it, if you're not a guardian or authorized person to provide a handgun to someone under 21, then both people could find themselves in a heap of trouble.

I really wanted this to go the other way, but I think that this sale on the handgun I have going on now will have to go to someone 21+, and I'll keep long guns (if I sell any in the future, doubtful) to 18+.

I wonder if this was intentionally left ambiguous?

Josh <><
__________________

The Roman Empire fell due to a large, corrupt government, overspending, an overextended military, insecure borders, and the illegal immigration of Goths, barbarians (anyone who was not educated), and religious fanatics. Sound familiar?
Josh Smith is offline  
Digg this Post!
Reply With Quote
Old 02-19-2009   #7 (permalink)
Sharpshooter
 
Join Date: Mar 2008
Location: Auburn
Posts: 822
finity has much to be proud offinity has much to be proud offinity has much to be proud offinity has much to be proud offinity has much to be proud offinity has much to be proud offinity has much to be proud offinity has much to be proud offinity has much to be proud of
Quote:
Originally Posted by Josh Smith View Post
IC 35-47-2.5-14
Providing handgun to ineligible purchaser; exemptions

<snip>

(b) A person who purchases a handgun with the intent to:
(1) resell or otherwise provide the handgun to another person who the person knows or has reason to believe is ineligible for any reason to purchase or otherwise receive from a dealer a
handgun; or
(2) transport the handgun out of the state to be resold or otherwise provided to another
person who the transferor knows is ineligible to purchase or otherwise receive a firearm;
commits a Class D felony.
(c) If the violation of this section involves a transfer of more than one (1) handgun, the offense
is a Class C felony.
As added by P.L.17-1997, SEC.8.
IC 35-47-2.5-15
Ineligible purchaser attempting to purchase handgun; violation
Sec. 15. (a) A person who is ineligible to purchase or otherwise receive or possess a handgun
in Indiana who knowingly or intentionally solicits, employs, or assists any person in violating
section 14 of this chapter commits a Class D felony.
(b) If the violation involves a transfer of more than one (1) handgun, the offense is a Class C
felony.
As added by P.L.17-1997, SEC.8.
Quote:
Originally Posted by Josh Smith View Post
Reading this, it appears a private sale to anyone under 21 is a crime, and the pistol must be gifted to the person by a guardian.

The key word here is "intent." However, the last bold type seems to, where it says "A person who is ineligible to purchase"... I just don't know if that means "inelligible to purchase from an FFL" or what.

This is a gray area, and one that needs to be more properly defined. I do not know what the spirit of the law is intended to be, but the way I read it, if you're not a guardian or authorized person to provide a handgun to someone under 21, then both people could find themselves in a heap of trouble.

I really wanted this to go the other way, but I think that this sale on the handgun I have going on now will have to go to someone 21+, and I'll keep long guns (if I sell any in the future, doubtful) to 18+.

I wonder if this was intentionally left ambiguous?

Josh <><
Upon my initial re-reading of the statute I was confused because...

Quote:
IC 35-47-2-7
Prohibited sales or transfers of ownership
Sec. 7. (a) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon (as defined in IC 35-50-2-11) to any person under eighteen (18) years of age.
(b) It is unlawful for a person to sell, give, or in any manner transfer the ownership or possession of a handgun to another person who the person has reasonable cause to believe:
(1) has been:
(A) convicted of a felony; or
(B) adjudicated a delinquent child for an act that would be a felony if committed by an adult, if the person seeking to obtain ownership or possession of the handgun is less than twenty-three (23) years of age;
(2) is a drug abuser;
(3) is an alcohol abuser; or
(4) is mentally incompetent.
As added by P.L.311-1983, SEC.32. Amended by P.L.33-1989, SEC.126; P.L.140-1994, SEC.8; P.L.269-1995, SEC.7.
...pretty clearly states that a handgun sale is not prohibited unless the person is under 18 (among other things not at issue here).

I then realized that the Statute you posted above was referring to "straw purchases". If you intentionally buy a gun for someone knowing that that they could not buy the same gun from a dealer for the sole purpose of transferring possession of that gun to them then that is illegal unless it is done under a parent-child/guardian-child relationship. If you didn't originally buy the gun for the sole purpose or reselling the gun to someone you know couldn't otherwise buy the gun from a dealer then it looks like you'll be fine.

IC 35-47-2-7 allows you to sell or give anyone over the age of 18 a handgun as long as they are not an otherwise prohibited person.

On another interesting note:

Quote:
IC 35-47-2.5-1
Applicability; conflicts
Sec. 1. (a) This chapter does not apply to the following:
(1) Transactions between persons who are licensed as firearms importers or collectors or firearms manufacturers or dealers under 18 U.S.C. 923.
(2) Purchases by or sales to a law enforcement officer or agent of the United States, the state, or a county or local government.
(3) Indiana residents licensed to carry handguns under IC 35-47-2-3.
The above chapter (IC 35-47-2.5) does not apply to LTCH holders.

Hmmm...
finity is offline  
Digg this Post!
Reply With Quote
Old 02-20-2009   #8 (permalink)
Not an expert... always learning!
 
Josh Smith's Avatar
 
Join Date: May 2008
Location: Wabash
Posts: 1,505
Josh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant futureJosh Smith has a brilliant future
Yeah, I saw that too...

Like I said, I believe it's intentionally ambiguous.

I was accused by another member when I gave him negative feedback about not knowing Indiana laws.

I can't find a cop and two lawyers who agree on what this all means.

I'm sure the fella must be an expert, so I'll defer to him.

Josh <><
__________________

The Roman Empire fell due to a large, corrupt government, overspending, an overextended military, insecure borders, and the illegal immigration of Goths, barbarians (anyone who was not educated), and religious fanatics. Sound familiar?
Josh Smith is offline  
Digg this Post!
Reply With Quote
Old 02-20-2009   #9 (permalink)
If there is equality it is in His love, not in us
 
IndyRoadie's Avatar
 
Join Date: Feb 2009
Location: Beech Grove
Posts: 1,453
IndyRoadie has a reputation beyond reputeIndyRoadie has a reputation beyond reputeIndyRoadie has a reputation beyond reputeIndyRoadie has a reputation beyond reputeIndyRoadie has a reputation beyond reputeIndyRoadie has a reputation beyond reputeIndyRoadie has a reputation beyond reputeIndyRoadie has a reputation beyond reputeIndyRoadie has a reputation beyond reputeIndyRoadie has a reputation beyond reputeIndyRoadie has a reputation beyond reputeIndyRoadie has a reputation beyond reputeIndyRoadie has a reputation beyond repute
Hello all. This is my first post, so be gentle!

I have applied for my Indiana LTCH and will be hunting for my first handgun this weekend.

What I want to know is: I know you don't need a permit to buy a handgun in Indiana, but you do to carry it. So, what happens if I get pulled over on the way home from buying my gun? Obviously I will have it in the box, in the hatch (no trunk), not on me. Also, I know you do not need a permit to shoot at a gun range, correct? So is it legal for me to box the gun up, and go to a range while waiting for my permit?

I couldn't find anything in the FAQ that addressed this issue, so if it was there, sorry!

I figured I would thread hack here since it is so close in subject to my question, rather than start a new thread.

Thanks, and great Forum you have here BTW, I am learning stuff here already!

Last edited by IndyRoadie; 02-20-2009 at 18:53. Reason: updating typos
IndyRoadie is offline  
Digg this Post!
Reply With Quote
Old 02-20-2009   #10 (permalink)
Cogito, ergo porto.

 
Bill of Rights's Avatar
 
Join Date: Apr 2008
Location: Wherever the bacon is. Anywhere else is not living, just existing.
Posts: 5,120
Bill of Rights has a reputation beyond repute
Bill of Rights has a reputation beyond reputeBill of Rights has a reputation beyond reputeBill of Rights has a reputation beyond reputeBill of Rights has a reputation beyond reputeBill of Rights has a reputation beyond reputeBill of Rights has a reputation beyond repute
Quote:
Originally Posted by IndyRoadie View Post
Hello all. This is my first post, so be gentle!

I have applied for my Indiana LTCH and will be hunting for my first handgun this weekend.

What I want to know is: I know you don't need a permit to buy a handgun in Indiana, but you do to carry it. So, what happens if I get pulled over on the way home from buying my gun? Obviously I will have it in the box, in the hatch (no trunk), not on me. Also, I know you do not need a permit to shoot at a gun range, correct? So is it legal for me to box the gun up, and go to a range while waiting for my permit?

I couldn't find anything in the FAQ that addressed this issue, so if it was there, sorry!

I figured I would thread hack here since it is so close in subject to my question, rather than start a new thread.

Thanks, and great Forum you have here BTW, I am learning stuff here already!
Hi and to INGO!

You are legal, per IN statute, to transport your firearm unloaded and in a "secure wrapper" to or from the place of purchase, to or from a place of repair, with the other end of that journey being your home or your business. You may also transport your firearm to a new place of residence in this manner, if moving to a new home.

Quote:
IC 35-47-2-2
Excepted persons
Sec. 2. Section 1 of this chapter does not apply to:
(1) marshals;
(2) sheriffs;
(3) the commissioner of the department of correction or persons authorized by him in writing to carry firearms;
(4) judicial officers;
(5) law enforcement officers;
(6) members of the armed forces of the United States or of the national guard or organized reserves while they are on duty;
(7) regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state who are at or are going to or from their place of assembly or target practice;
(8) employees of the United States duly authorized to carry handguns;
(9) employees of express companies when engaged in company business;
(10) any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his possession, using, or carrying a handgun in the usual or ordinary course of that business; or
(11) any person while carrying a handgun unloaded and in a secure wrapper from the place of purchase to his dwelling or fixed place of business, or to a place of repair or back to his dwelling or fixed place of business, or in moving from one dwelling or business to another.
FYI, no, you may not transport to or from a range legally, unless the range is also a place of repair. Hope that helps.

Blessings,
Bill
__________________
Thanks for your help in keeping this a great forum!
(or click this pic at the top of any screen)
(What? INGO has a FAQ? Yes! INGO has a FAQ!)
Bill of Rights is offline  
Digg this Post!
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -7. The time now is 17:48.


Powered By vBulletin
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Search Engine Friendly URLs by vBSEO 3.1.0
Copyright 2008 INGunOwners

   image linking to 100 Top Guns and Gear Sites   

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762