What kind of LTCH do I need?

[sj kahr k40]

So, SJ, what's the question?

You know my answer . . . get the license.

Does the federal law supersede the state law?

Thanks for looking at this thread

 

[SavageEagle]

Oh, and for the record, the Federal Law has NO authority as to INTRAstate travel or commerce or transportation unless you have a CDL.

 

[rmabrey]

So, SJ, what's the question?

You know my answer . . . get the license.

I think he wants to to prove either RIchardR or InGunGuy wrong so we dont have any bad information floating around

 

[sj kahr k40]

I think he wants to to prove either RIchardR or InGunGuy wrong so we dont have any bad information floating around

I read the IC and know the law, I just thought Kirk could explain it a little more eloquently, he is a master wordsmith

 

[rmabrey]

I read the IC and know the law, I just thought Kirk could explain it a little more eloquently, he is a master wordsmith

well that is a pre-req for being a lawyer

 

[merkava1]

Still waiting...

Wanted: A real court document or a police report. Please prove your point. Member tales, urban legends, you tube, range lore don't count

 

[Kirk Freeman]

Does the federal law supersede the state law?

Yes, see Article VI.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

If the federal law says that it is doing so.

If we are talking about the FOPA of 1986, then there was no legislative intent for federal preemption of state gun laws.

So, what's the question? Is it "when can I, being a non-LEO, carry without a pink card"?

 

[rmabrey]

Wanted: A real court document or a police report. Please prove your point. Member tales, urban legends, you tube, range lore don't count

use your google-fu

 

[sj kahr k40]

So, what's the question? Is it "when can I, being a non-LEO, carry without a pink card"?

That's the question, is Richard interpretation right or wrong?

 

[Bendrx]

Come on Kirk, we're impatient, at least I am. So can I take my pistol to the range under the federal firearms transportation provision?

Wait, I have my LTCH...so that's too easy... IF I DIDN'T, could I?

 

[RichardR]

Come on Kirk, we're impatient, at least I am. So can I take my pistol to the range under the federal firearms transportation provision? Only if that range is also a place of repair.

Wait, I have my LTCH...so that's too easy... IF I DIDN'T, could I?

.

 

[Bendrx]

.

So your take is that if the range happens to have a gunsmith and you gun is not being repaired it's covered?

I will agree that Indiana law allows you to take a gun for repair w/o LTCH.

 

[RichardR]

So you're take is that if the range happens to have a gunsmith and you gun is not being repaired it's covered?

I will agree that Indiana law allows you to take a gun for repair w/o LTCH.

That is correct, there is no requirement in the statute mandating that the handgun has to actually be repaired when it gets there nor does the statute require that the handgun be damaged or non-functional.

 

[INGunGuy]

By your interpretation of the statute ..

If someone bought a handgun & took it to their fixed place of business, that business owner could never legally take their firearm home with them, not even if their place of business went out of business, without first applying for & receiving a LTCH.

Or if someone already had a handgun at their residence, but started up a fixed place of business, that business owner would have to either go buy a new handgun or apply for & receive an LTCH?

No offense man but that's really asinine.

IC allows a person to transport a handgun when MOVING from one residence or business to another. So if the business went out of business, then the person would be covered under IC for transporting a handgun from a fixed place of business to another, in this case the private home of the business owner. Same holds true if they start a business, they could transport the handgun for that MOVE. We are talking about a MOVE, not the daily MOVEment of the handgun from home to work and back. But a permanent move. I have said numerous times that the easiest way to be in complete compliance with IC would be to get the LTCH, not sure if you have yours or not, if not, I highly recommend you getting yours before you become a test case for your theory.

INGunGuy

 

[RichardR]

IC allows a person to transport a handgun when MOVING from one residence or business to another. So if the business went out of business, then the person would be covered under IC for transporting a handgun from a fixed place of business to another, in this case the private home of the business owner. Same holds true if they start a business, they could transport the handgun for that MOVE. We are talking about a MOVE, not the daily MOVEment of the handgun from home to work and back. But a permanent move. I have said numerous times that the easiest way to be in complete compliance with IC would be to get the LTCH, not sure if you have yours or not, if not, I highly recommend you getting yours before you become a test case for your theory.

INGunGuy

Still incorrect, the statute does not specify a limit to the number of times a handgun can legally be transported to or from any of those 3 localities, only that it can.

 

[INGunGuy]

Still incorrect, the statute does not specify a limit to the number of times a handgun can legally be transported to or from any of those 3 localities, only that it can.

OK, I must ask, do you have your LTCH?

INGunGuy

 

[RichardR]

OK, I must ask, do you have your LTCH?

INGunGuy

Yup.

I've been carrying over 20 years.

 

[Bendrx]

.

 

[Bendrx]

That is correct, there is no requirement in the statute mandating that the handgun has to actually be repaired when it gets there nor does the statute require that the handgun be damaged or non-functional.

Gotcha, don't agree but get what you're saying now.

 

[rmabrey]

SO we all agree that the best course of action is to get your LTCH