Carrying an unloaded concealed handgun?

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  • Pohaku

    Plinker
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    Mar 21, 2014
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    Does Indiana law restrict carrying a concealed handgun on your person that is unloaded? If allowed how far away does the loaded magazine need to be from the weapon in question? I am thinking about transporting the gun from point A to point B but do not have a concealed carry permit yet.
     

    Audie Murphy

    Master
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    Sep 21, 2010
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    Warsaw
    It is a license to carry a handgun, and I believe,regardless if the weapon is loaded or unloaded, you would still need the LTCH to have one on your person.
     

    N8RV

    Expert
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    Oct 8, 2012
    1,078
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    Peoria
    You'll never get a concealed carry permit

    There's one in every crowd. :rolleyes:

    Indiana doesn't have a "concealed carry permit," as many other states do. The state issues a "license to carry handgun" (LTCH or "Larry," as often referred to here on INGO) and doesn't specify that the weapon must be concealed.

    There are ways to transport a handgun in IN without a LTCH. Do a quick search of the archives and you'll find tons of opinions. And, when you're thoroughly confused, look up the appropriate IN statutes thereto appertaining and you'll get the right answer to your question. Hope that helps.

    Welcome to INGO!
     

    singlesix

    Grandmaster
    Industry Partner
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    May 13, 2008
    7,217
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    Indianapolis, In
    OP why don't you read the code?

    IC 35-47-2-1 Version b
    Carrying a handgun without being licensed; exceptions; person convicted of domestic battery
    Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    Sec. 1. (a) Except as provided in subsections (b) and (c) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body without being licensed under this chapter to carry a handgun.
    (b) Except as provided in subsection (c), a person may carry a handgun without being licensed under this chapter to carry a handgun if:
    (1) the person carries the handgun on or about the person's body in or on property that is owned, leased, rented, or otherwise legally controlled by the person;
    (2) the person carries the handgun on or about the person's body while lawfully present in or on property that is owned, leased, rented, or otherwise legally controlled by another person, if the person:
    (A) has the consent of the owner, renter, lessor, or person who legally controls the property to have the handgun on the

    premises;
    (B) is attending a firearms related event on the property, including a gun show, firearms expo, gun owner's club or convention, hunting club, shooting club, or training course; or
    (C) is on the property to receive firearms related services, including the repair, maintenance, or modification of a firearm;
    (3) the person carries the handgun in a vehicle that is owned, leased, rented, or otherwise legally controlled by the person, if the handgun is:
    (A) unloaded;
    (B) not readily accessible; and
    (C) secured in a case;
    (4) the person carries the handgun while lawfully present in a vehicle that is owned, leased, rented, or otherwise legally controlled by another person, if the handgun is:
    (A) unloaded;
    (B) not readily accessible; and
    (C) secured in a case; or
    (5) the person carries the handgun:
    (A) at a shooting range (as defined in IC 14-22-31.5-3);
    (B) while attending a firearms instructional course; or
    (C) while engaged in a legal hunting activity.
    (c) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun.
    (d) This section may be not construed:
    (1) to prohibit a person who owns, leases, rents, or otherwise legally controls private property from regulating or prohibiting the possession of firearms on the private property;
    (2) to allow a person to adopt or enforce an ordinance, resolution, policy, or rule that:
    (A) prohibits; or
    (B) has the effect of prohibiting;
    an employee of the person from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle, unless the person's adoption or enforcement of the ordinance, resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
    (3) to allow a person to adopt or enforce a law, statute, ordinance, resolution, policy, or rule that allows a person to possess or transport a firearm or ammunition if the person is prohibited from possessing or transporting the firearm or ammunition by state or federal law.
    (e) A person who knowingly or intentionally violates this section commits a Class A misdemeanor. However, the offense is a Level 5 felony:


    (1) if the offense is committed:
    (A) on or in school property;
    (B) within five hundred (500) feet of school property; or
    (C) on a school bus; or
    (2) if the person:
    (A) has a prior conviction of any offense under:
    (i) this section; or
    (ii) section 22 of this chapter; or
    (B) has been convicted of a felony within fifteen (15) years before the date of the offense.
    As added by P.L.311-1983, SEC.32. Amended by P.L.326-1987, SEC.1; P.L.195-2003, SEC.6; P.L.98-2004, SEC.155; P.L.118-2007, SEC.35; P.L.164-2011, SEC.1; P.L.6-2012, SEC.231; P.L.158-2013, SEC.573.
     

    Pohaku

    Plinker
    Rating - 0%
    0   0   0
    Mar 21, 2014
    26
    3
    In the middle
    OP why don't you read the code?

    IC 35-47-2-1 Version b
    Carrying a handgun without being licensed; exceptions; person convicted of domestic battery
    Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    Sec. 1. (a) Except as provided in subsections (b) and (c) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body without being licensed under this chapter to carry a handgun.
    (b) Except as provided in subsection (c), a person may carry a handgun without being licensed under this chapter to carry a handgun if:
    (1) the person carries the handgun on or about the person's body in or on property that is owned, leased, rented, or otherwise legally controlled by the person;
    (2) the person carries the handgun on or about the person's body while lawfully present in or on property that is owned, leased, rented, or otherwise legally controlled by another person, if the person:
    (A) has the consent of the owner, renter, lessor, or person who legally controls the property to have the handgun on the

    premises;
    (B) is attending a firearms related event on the property, including a gun show, firearms expo, gun owner's club or convention, hunting club, shooting club, or training course; or
    (C) is on the property to receive firearms related services, including the repair, maintenance, or modification of a firearm;
    (3) the person carries the handgun in a vehicle that is owned, leased, rented, or otherwise legally controlled by the person, if the handgun is:
    (A) unloaded;
    (B) not readily accessible; and
    (C) secured in a case;
    (4) the person carries the handgun while lawfully present in a vehicle that is owned, leased, rented, or otherwise legally controlled by another person, if the handgun is:
    (A) unloaded;
    (B) not readily accessible; and
    (C) secured in a case; or
    (5) the person carries the handgun:
    (A) at a shooting range (as defined in IC 14-22-31.5-3);
    (B) while attending a firearms instructional course; or
    (C) while engaged in a legal hunting activity.
    (c) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun.
    (d) This section may be not construed:
    (1) to prohibit a person who owns, leases, rents, or otherwise legally controls private property from regulating or prohibiting the possession of firearms on the private property;
    (2) to allow a person to adopt or enforce an ordinance, resolution, policy, or rule that:
    (A) prohibits; or
    (B) has the effect of prohibiting;
    an employee of the person from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle, unless the person's adoption or enforcement of the ordinance, resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
    (3) to allow a person to adopt or enforce a law, statute, ordinance, resolution, policy, or rule that allows a person to possess or transport a firearm or ammunition if the person is prohibited from possessing or transporting the firearm or ammunition by state or federal law.
    (e) A person who knowingly or intentionally violates this section commits a Class A misdemeanor. However, the offense is a Level 5 felony:


    (1) if the offense is committed:
    (A) on or in school property;
    (B) within five hundred (500) feet of school property; or
    (C) on a school bus; or
    (2) if the person:
    (A) has a prior conviction of any offense under:
    (i) this section; or
    (ii) section 22 of this chapter; or
    (B) has been convicted of a felony within fifteen (15) years before the date of the offense.
    As added by P.L.311-1983, SEC.32. Amended by P.L.326-1987, SEC.1; P.L.195-2003, SEC.6; P.L.98-2004, SEC.155; P.L.118-2007, SEC.35; P.L.164-2011, SEC.1; P.L.6-2012, SEC.231; P.L.158-2013, SEC.573.

    So it appears that without an LTCH I can transport the weapon in a vehicle as long as it unloaded, not readily accessible and secured in a case. When arriving at my destination I can carry the weapon concealed if I have the consent of the owner, renter, or lessor who legally controls the property.

    Seems reasonable.

    Thanks for the info guys!
     

    Pohaku

    Plinker
    Rating - 0%
    0   0   0
    Mar 21, 2014
    26
    3
    In the middle
    There's one in every crowd. :rolleyes:

    Indiana doesn't have a "concealed carry permit," as many other states do. The state issues a "license to carry handgun" (LTCH or "Larry," as often referred to here on INGO) and doesn't specify that the weapon must be concealed.

    Thanks for the clarification, info and the welcome!
    There are ways to transport a handgun in IN without a LTCH. Do a quick search of the archives and you'll find tons of opinions. And, when you're thoroughly confused, look up the appropriate IN statutes thereto appertaining and you'll get the right answer to your question. Hope that helps.

    Welcome to INGO!

    Thanks for the clarification, info and welcome to the forum!
     

    Pohaku

    Plinker
    Rating - 0%
    0   0   0
    Mar 21, 2014
    26
    3
    In the middle
    It is a license to carry a handgun, and I believe,regardless if the weapon is loaded or unloaded, you would still need the LTCH to have one on your person.

    Thank you for the response and after checking the stat it seems you are right... while transporting the weapon without a LTCH, I cannot have it on my person.
     

    Cameramonkey

    www.thechosen.tv
    Staff member
    Moderator
    Site Supporter
    Rating - 100%
    35   0   0
    May 12, 2013
    32,071
    77
    Camby area
    Thank you for the response and after checking the stat it seems you are right... while transporting the weapon without a LTCH, I cannot have it on my person.

    Yep. Or just get your LTCH and not worry about having to jump through hoops moving from A to B, whether you need to leave the private property, etc. Its pretty painless to get a license, unless you are not a proper person, and in that case having the gun or carrying it on private property is a moot point.
     

    Pohaku

    Plinker
    Rating - 0%
    0   0   0
    Mar 21, 2014
    26
    3
    In the middle
    Yep. Or just get your LTCH and not worry about having to jump through hoops moving from A to B, whether you need to leave the private property, etc. Its pretty painless to get a license, unless you are not a proper person, and in that case having the gun or carrying it on private property is a moot point.

    Lol at "proper". I believe I am usually a proper person but I must admit I have had my moments of mild impropriety. Yes I plan to get a LTCH in the next month or so and all this will be a thing of the past.
     

    Tyler-The-Piker

    Boondock Saint
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    101   0   0
    Jun 24, 2013
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    ><(((((*>
    Yep. Or just get your LTCH and not worry about having to jump through hoops moving from A to B, whether you need to leave the private property, etc. Its pretty painless to get a license, unless you are not a proper person, and in that case having the gun or carrying it on private property is a moot point.

    Lol at "proper". I believe I am usually a proper person but I must admit I have had my moments of mild impropriety. Yes I plan to get a LTCH in the next month or so and all this will be a thing of the past.

    "proper" is how the State of Indiana defines it
     
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