Ltch and leaving/transporting in vehicle

[vxtip]

This question I assumed but never thought to varify. I did a search on here and google and didnt find the answer I was looking for, also going over IC Code 35-47-2 didnt offer any exemptions to license holders. Obviously the license covers the weapons you carry on you, I always just assumed that meant it was ok to leave or transport handguns in your car at that point as well. However, I didnt see anything in the code that allows for leaving a handgun in the car if not for taking it home or to be repaired. Is this actually illegal or do I need to look at another code? Im aware of the law change allowing us leave the gun locked in the car at work within indy but what about any other time? Basically when I go to the range do I have to keep all my handguns in my lap so as not to break the law??

 

[ryknoll3]

This question I assumed but never thought to varify. I did a search on here and google and didnt find the answer I was looking for, also going over IC Code 35-47-2 didnt offer any exemptions to license holders. Obviously the license covers the weapons you carry on you, I always just assumed that meant it was ok to leave or transport handguns in your car at that point as well. However, I didnt see anything in the code that allows for leaving a handgun in the car if not for taking it home or to be repaired. Is this actually illegal or do I need to look at another code? Im aware of the law change allowing us leave the gun locked in the car at work within indy but what about any other time? Basically when I go to the range do I have to keep all my handguns in my lap so as not to break the law??

Here's what the IC says:

IC 35-47-2-1
Carrying a handgun without a license or by person convicted of domestic battery
Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possession.

Therefore you MAY carry a handgun in a vehicle (does not have to be on your person) if you are properly licensed. You may leave it in your vehicle. It doesn't have to be in your lap.

 

[vxtip]

Ah thank you! I knew surely I missed something and there it is! I am relieved

 

[INGunGuy]

Remember this, if it is NOT addressed in current law, then it is LEGAL. There are not laws making things legal, only making things illegal.

INGunGuy

 

[INGunGuy]

Keep this in mind also, lets say you are in the car with your 19 year old son, and you stop at the CircleK and you jump out to get something inside, and you leave your carry piece in the car. If your son does NOT have his LTCH, then you have put him in jeopardy of arrest for carrying a handgun without a LTCH. Another reason that gun laws do nothing to stop or reduce crime, but only to make another criminal out of a good law abiding citizen.

INGunGuy

 

[Benny]

Keep this in mind also, lets say you are in the car with your 19 year old son, and you stop at the CircleK and you jump out to get something inside, and you leave your carry piece in the car. If your son does NOT have his LTCH, then you have put him in jeopardy of arrest for carrying a handgun without a LTCH. Another reason that gun laws do nothing to stop or reduce crime, but only to make another criminal out of a good law abiding citizen.

INGunGuy

Even if the car is in the LTCH holder's name?

 

[Scutter01]

Even if the car is in the LTCH holder's name?

Yep. The gun is now considered to be in the possession of the only occupant of the car.

 

[rjstew317]

Yep. The gun is now considered to be in the possession of the only occupant of the car.

are you 100% positive on that? the reason I ask is that in the case of drugs being found in a vehicle, the possession is usually charged to the driver/owner unless they are found on the passengers person, or they confess to it being theirs. I would think it would be the same for anything else in the vehicle.

 

[Scutter01]

are you 100% positive on that? the reason I ask is that in the case of drugs being found in a vehicle, the possession is usually charged to the driver/owner unless they are found on the passengers person, or they confess to it being theirs. I would think it would be the same for anything else in the vehicle.

Yes, I'm sure. There's case law around here somewhere about a non-licensed passenger being charged with illegal possession because he had access to the pistol when he was alone in the car when the owner ran into the gas station for a soda, but I'm too lazy to look for it. I bet that if the gun was locked in a strongbox that the passenger had no access to, that you'd be able to make a case. I wouldn't want to take the chance.

 

[ljadayton]

Keep this in mind also, lets say you are in the car with your 19 year old son, and you stop at the CircleK and you jump out to get something inside, and you leave your carry piece in the car. If your son does NOT have his LTCH, then you have put him in jeopardy of arrest for carrying a handgun without a LTCH. Another reason that gun laws do nothing to stop or reduce crime, but only to make another criminal out of a good law abiding citizen.

INGunGuy

Yep. The gun is now considered to be in the possession of the only occupant of the car.

And THIS is why I'm creatively pushing my brother to get a LTCH

 

[indykid]

I thought they consider the car to be an extension of your residence, which is what they used as basis for the right to keep a firearm on the property owned by your employer?

Of course it would be really simple if we just had a federal law over riding all state laws that mandated that your rights to firearms or all arms not be infringed upon!

 

[vxtip]

That sounds like grounds to charge someone if they are in your home too than, per se: you go outside and your buddy is inside with handguns accessible in the house, its not his house but he could theoretically access them, couldnt that be construed into a crime?
I do like the idea of kicking my friends/family out of the car just so I can leave the gun in there lol

 

[rjstew317]

That sounds like grounds to charge someone if they are in your home too than, per se: you go outside and your buddy is inside with handguns accessible in the house, its not his house but he could theoretically access them, couldnt that be construed into a crime?
I do like the idea of kicking my friends/family out of the car just so I can leave the gun in there lol

And at the range as well, you bring a friend to shoot and he doesn't have LTCH, you hand him your gun and bam! busted.

 

[finity]

That sounds like grounds to charge someone if they are in your home too than, per se: you go outside and your buddy is inside with handguns accessible in the house, its not his house but he could theoretically access them, couldnt that be construed into a crime?

That is technically possible. The law only exempts you from carrying on YOUR own property.

If a cop is called to YOUR house while YOU're not home but your buddy is there & there is an accessible gun there he could be charged.

I think that goes away after July 1st with the new laws, though. As long as you have permission from the property owner you're legal even without a LTCH.