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Old 08-26-2008   #1 (permalink)
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Michigan Citizen with IN CCW Q's

Hello all,

I am a member of the migunowners forums and am a Michigan Citizen.

My family and I will be traveling to Michigan City this weekend for back to school clothes shopping. The lawyer for my CCW class taught us that a general rule of thumb is that 80% of the states that honor Michigan's CPL, (concealed pistol license), through reciprocity, have the same if not more loose laws on concealed carry.

I just want to know if there are any bug-a-boo's I need to watch out for in carrying in IN. I plan on carrying in my pocket or on my ankle. While traveling long distances, I usually keep the pistol in the center console. I know Ohio has a law, that even when traveling in your car you need to have the pistol on your body.

Other than the obvious signs on shops or stores I go into that may prohibit firearms, and I generally safe carrying? Also, if the unfortunate event of needing to defend my, or my family's life comes to pass, are there laws that I need to flee if possible first? Michigan has the castle doctrine, so anywhere I am legally allowed to be, I may defend my or my family's life without fleeing even if it is possible.

Thanks for any assistance you can provide. We usually make it to or through Indiana a half dozen times a year, and I have yet to travel with my CPL and concealed pistol. The Indiana state websites are almost useless for explanation of self defense laws with deadly force.
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Old 08-26-2008   #2 (permalink)
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No duty to retreat here.

You shouldn't see any problem areas in Michigan City. "No firearms allowed" signs don't carry the weight of law here, but if you are asked to leave you must. You can be charged with trespass if you don't. I don't think I have seen any "No guns" signs at the outlet mall, though.

Gun doesn't have to be on your person in your car, it can be anywhere. Unlike Michigan, you don't have a duty to inform a police officer that you are carrying, in the event that you get stopped for something while here.
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Old 08-26-2008   #3 (permalink)
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No duty to retreat here.

You shouldn't see any problem areas in Michigan City. "No firearms allowed" signs don't carry the weight of law here, but if you are asked to leave you must. You can be charged with trespass if you don't. I don't think I have seen any "No guns" signs at the outlet mall, though.

Gun doesn't have to be on your person in your car, it can be anywhere. Unlike Michigan, you don't have a duty to inform a police officer that you are carrying, in the event that you get stopped for something while here.
No duty to inform, but if asked by a LEO, you must show your CPL.

You can carry open if you choose, but if you don't want to be asked for it, "concealed means concealed".

Enjoy your shopping trip and stay safe!

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Old 08-27-2008   #4 (permalink)
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You can carry open if you choose, but if you don't want to be asked for it, "concealed means concealed".
I understand that Indiana's LTCH allows for open carry. Can you carry open if you have a license from another state that is a CPL or CCW (operative word being concealed in those)? I wonder if that changes the legality of open carry in Indiana.
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Old 08-27-2008   #5 (permalink)
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Thanks for your responses guys! Everything sounds like it is well in line with Michigan so I will feel very comfortable and confident in carrying concealed!

We plan to start visiting Indiana's sites more and in the upcoming years as a family camping destination. Are you allowed to concealed carry in the state parks? Michigan had some laws that said no up until a couple of years ago in the state parks.
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Old 08-27-2008   #6 (permalink)
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Thanks for your responses guys! Everything sounds like it is well in line with Michigan so I will feel very comfortable and confident in carrying concealed!

We plan to start visiting Indiana's sites more and in the upcoming years as a family camping destination. Are you allowed to concealed carry in the state parks? Michigan had some laws that said no up until a couple of years ago in the state parks.

Yes, you can carry open or concealed in Indiana's state parks.
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Old 08-27-2008   #7 (permalink)
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PLEASE NOTE:

If you want to carry in Indiana you have to carry according to the terms of the Michigan license.

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

(emphasis mine)

If the Michigan CCW says you have to carry concealed, then you have to carry concealed while in Indiana.

I don't know how far a prosecutor could reasonably take this interpretation, but for instance, carry in a church without permission is illegal in Michigan. Even though it's not illegal in Indiana, it not "according to the terms" of the Michigan license. It also might be illegal to carry in Michigan State parks, and therefore concievably illegal for you to carry in Indiana State Parks. If you have any questions, please call Major Jerome Ezell at the ISP at 1-800-552-8917 (that's the number I was given earlier this year).
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Old 08-27-2008   #8 (permalink)
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If the Michigan CCW says you have to carry concealed, then you have to carry concealed while in Indiana.
Thanks for the clarification. This was my belief as well, when I made my previous post.

I look at it this way: You are safest to go with the most restrictive of the two laws. (i.e. you can't just open carry in a reciprocal state of Indiana, just because you can in Indiana with an IN LTCH.)
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Old 08-27-2008   #9 (permalink)
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Just a little more information for my understanding. Did you arrive at the interpretation of this statute by yourself, from the ISP, a lawyer, or some other source? After reading the statute, I am not sure that it is talking about following the laws of your state while in Indiana, but more to do about Indiana's recognition of an out of state license and the acceptance of the procedures those states/countries have for obtaining a license.

I'm just looking for a little more information as I continue to evaluate the statute.

Thanks,

Quote:
Originally Posted by kludge View Post
PLEASE NOTE:

If you want to carry in Indiana you have to carry according to the terms of the Michigan license.

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

(emphasis mine)

If the Michigan CCW says you have to carry concealed, then you have to carry concealed while in Indiana.

I don't know how far a prosecutor could reasonably take this interpretation, but for instance, carry in a church without permission is illegal in Michigan. Even though it's not illegal in Indiana, it not "according to the terms" of the Michigan license. It also might be illegal to carry in Michigan State parks, and therefore concievably illegal for you to carry in Indiana State Parks. If you have any questions, please call Major Jerome Ezell at the ISP at 1-800-552-8917 (that's the number I was given earlier this year).
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Old 08-27-2008   #10 (permalink)
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Good question. This is MY interpretation, AFAIK, IANAL, etc.

That is why I gave the phone number for the ISP.
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