Question about carrying a firearm.

[Bluedragon]

In anticipation in getting my ccw license i have a few questions.

Can i carry a gun that was signed by a guardian and given to me? I have read that it is legal to have the gun gifted to me as such. Reason I ask because i know you can get a permit at 18, however you buy handguns from a dealer at 21. A cop from my school, told me in a smug and really $hity manner i might add that you can't unless you bought and signed the firearm yourself.

Or.... can i also carry a handgun i bought or traded from a private individual? I received a Beretta 92F from a member on this forum who is a police officer, and have read on the NRA's website these kinds of transactions are legal in Indiana so long as the person is at least 18 years of age. At the 1500 I had one of the dealers also in a really crappy tone i might add, tell me that these kinds of transactions are ILLEGAL AND I WILL GO TO PRISON! :wtf:

When i tried to tell him it wasn't and if it was I highly doubt the cop i traded with would have allowed it. He just replied that it was and the cop was wrong for doing it. He also gave me a lot of dirty looks.

Also...... someone else who is training to be a cop tried to tell me it's "illegal" to carry a firearm with one chambered, as he himself carries with just a full mag. I said thats b/s because I know a few people who carry topped off. He got sarcastic and said "whatever dude i am in the academy I think i know more then you" "they told us it's illegal"

Can anyone please help me clear up these matters?

 

[Bigum1969]

I don't have any advice to offer.

But, my LTCH says "The Licensee is hereby licensed by the Indiana State Police to carry on their person or a vehicle, any handgun lawfully possessed by the Licensee."

 

[melensdad]

Also...... someone else who is training to be a cop tried to tell me it's "illegal" to carry a firearm with one chambered, as he himself carries with just a full mag. I said thats b/s because I know a few people who carry topped off. He got sarcastic and said "whatever dude i am in the academy I think i know more then you" "they told us it's illegal"

That guy is either an idiot or misinformed.

As for the question of carrying handguns at age 18 versus buying at 21, to that I am also confused and would love to see an explanation from a lawyer on this.

 

[abnk]

From IC 35-47-2-3:

"(g) A license to carry a handgun shall not be issued to any person who:
(1) has been convicted of a felony;
(2) has had a license to carry a handgun suspended, unless the person's license has been reinstated;
(3) is under eighteen (18) years of age;
(4) is under twenty-three (23) years of age if the person has been adjudicated a delinquent child for an act that would be a felony if committed by an adult; or
(5) has been arrested for a Class A or Class B felony, or any other felony that was committed while armed with a deadly weapon or that involved the use of violence, if a court has found probable cause to believe that the person committed the offense charged."

 

[Lars]

The License to carry will be issued to anyone who meets the other criteria that is of age 18 or older.

You can be gifted a firearm provided it doesn't fall under the "straw purchase" criteria. A parent giving you a firearm is 100% ok. As for the private sales to people under the age of 21 I'm not certain.

Might I suggest ordering a copy of Indiana Handgun Law if you don't already have a copy.

It seems at least 80% of the people in this world are idiots. Myself included. Reading the law, as explained by a lawyer is usually the best way to cut through all the BS, and misconceptions and find the truth.

If you're in the Indianapolis area and would like to borrow my First edition of Indiana Handgun Law PM me, I purchased the second edition at the 1500, and he gave me one of each.

 

[melensdad]

(3) is under eighteen (18) years of age;

But the original poster is 18 years old. And we know he can get a license to carry, but he cannot go to a gun store to buy a handgun until he is 21 years old. The law seems to leave a gap of logic. You can carry a handgun but you can't legally buy one from a licensed gun dealer.

So the question is can he legally be gifted a handgun prior to his 21st birthday?

Further, can he purchase, through a PRIVATE sale, a handgun prior to age 21?

 

[epsylum]

But the original poster is 18 years old. And we know he can get a license to carry, but he cannot go to a gun store to buy a handgun until he is 21 years old. The law seems to leave a gap of logic. You can carry a handgun but you can't legally buy one from a licensed gun dealer.

So the question is can he legally be gifted a handgun prior to his 21st birthday?

Further, can he purchase, through a PRIVATE sale, a handgun prior to age 21?

I am pretty sure he can be gifted one. Possession of a handgun by an 18 year old is not illegal, just purchasing one at a gun shop. I am not sure about a private sale though. That might fall under the generic term "sale" or "purchase" also making it illegal.

ETA: I am all for making one age as being an adult. This adult by degrees crap is stupid. So someone who is 18 is adult enoght to fight and possibly die for his country and to go to adult pound me in the ass prison if he does something illegal, but not adult enough to buy a beer or a handgun? They can buy an AK or AR at 18, but not a Ruger MkII? WTF? Consistancy please.

 

[abnk]

But the original poster is 18 years old. And we know he can get a license to carry, but he cannot go to a gun store to buy a handgun until he is 21 years old. The law seems to leave a gap of logic. You can carry a handgun but you can't legally buy one from a licensed gun dealer.

Therein lies the problem: You're looking for logic in law.

So the question is can he legally be gifted a handgun prior to his 21st birthday?

Further, can he purchase, through a PRIVATE sale, a handgun prior to age 21?

From IC 35-47-2-7:

"(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."

 

[Bluedragon]

But the original poster is 18 years old. And we know he can get a license to carry, but he cannot go to a gun store to buy a handgun until he is 21 years old. The law seems to leave a gap of logic. You can carry a handgun but you can't legally buy one from a licensed gun dealer.

So the question is can he legally be gifted a handgun prior to his 21st birthday?

Further, can he purchase, through a PRIVATE sale, a handgun prior to age 21?

FYI I am 20. But i have had a dozen different handguns since i was 18.

Also i am looking at Indiana laws and it does state a legal guardian can give you a gun as a present, and scratch the private sale thing, i just remembered one of the sales i made a few months back i was told by the person i was dealing with his FFL told him that such transactions are legal so long i am 18.

but the question is can i carry it since the weapon was acquired legally?

 

[melensdad]

From IC 35-47-2-7:

"(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."

So it appears that I can "gift" my daughter my collection of handguns on her 18th birthday. And it appears that I can make a PRIVATE sale of a handgun to someone who is 18, 19 or 20 years old. But a licensed gun dealer cannot do what I can do? Wow that is stupid.

but the question is can i carry it since the weapon was acquired legally?

That is my understanding, YES I clearly believe you can carry it.

 

[Crystalship1]

Carrying "gifted firearm" when 18 = LEGAL

Carrying loaded firearm illegal = HORSESH*T

My dad "gifted" me my first carry handgun when I was 19.

 

[obijohn]

as the permit reads, the handgun must be legally in your possession. you don't have to technically "own" the handgun. you can, like i do, borrow your mom's hogleg to carry if you care to do so. the key is legally in your possession.

 

[wolfman]

From IC 35-47-2-7:

"(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."

Not a lawyer here either ,,,, but from the way I read this ,,,, Under = illegal ,,,,,,, Over = legal to sell, give, or transfer ownership and/or possession

wolfman

 

[NateIU10]

I'm 19 and carry a firearm I bought in a private transfer daily.

Anyone over 18 can buy a handgun FTF from a non-FFL any day of the week. You can carry with one in the chamber (who doesn't?). You can carry any gun on your person that you are legally in possession of. You can be gifted a firearm by ANYONE, it doesn't have to be you parent (hoping for a good B-day this year ).

ETA: Yes, it is ridiculous to have different ages to purchase firearms from an FFL dealer. I can go in, buy myself a super-deadly AK-47 () but can't buy a new Glock?

 

[Bluedragon]

Hmm perhaps the 18 to buy ak's and 21 for handguns is cuz the 21 thing is Federal law and the law that states u can be 18 for a permit and private sales is because that is just Indiana state law? idk laws are stupid now a ways it seems. but thats good to know. and as for when you asked who dosen't carry chamber loaded, that guy i know who was talking crap. and he is crap.

he carries a G23 with an empty chamber, i think honestly cuz he's scared to do it topped off, and then brags how glocks are the greatest ever. i like glocks btw, but he says how berettas are junk. they "jam, they break, the slides snap in half and launch themselves 200 yards from the shooter" oh and that colt 1911's are antique and jam, break, aren't worth **** either."

thats the stuff he says ^^^^^^^^^^ oh and that his Charles Daly 12 gauge is somehow superior to my uncle's Beneli M3 ???? :wtf:

 

[Yamaha]

he carries a G23 with an empty chamber, i think honestly cuz he's scared to do it topped off, and then brags how glocks are the greatest ever. i like glocks btw, but he says how berettas are junk. they "jam, they break, the slides snap in half and launch themselves 200 yards from the shooter" oh and that colt 1911's are antique and jam, break, aren't worth **** either."

your friend sounds like just the kind of cop this state needs, a certified bullet catcher.....can we put a handle on his back so he can be used as a shield? Every single LEO I have ever met carries xx+1. Your friend is just brilliant....:rolleyesedit:

 

[melensdad]

he carries a G23 with an empty chamber, i think honestly cuz he's scared to do it topped off, and then brags how glocks are the greatest ever. i like glocks btw, but he says how berettas are junk. they "jam, they break, the slides snap in half and launch themselves 200 yards from the shooter" oh and that colt 1911's are antique and jam, break, aren't worth **** either."

thats the stuff he says ^^^^^^^^^^ oh and that his Charles Daly 12 gauge is somehow superior to my uncle's Beneli M3 ???? :wtf:

Well I'd suggest that he is an idiot.

The Glocks are amazing guns. I don't like them but I give them credit for what the are. Baretta pistols are also awesome guns and totally reliable, the folks who serve our nation in the big sandbox carry them and complain about the lack of stopping power and the cheap aftermarket magazines they are supplied with, but they are happy with the guns. 1911s are antiques but the milspec guns are as reliable as any modern gun and 1911s are the choice of many special force units. And the Beneli M3 is simply better than any Charles Daly available.

So your 'friend' simply doesn't understand how to carry his gun, nor does he seem to know much about other guns. Further, if he stands by his statement that it is illegal to carry a gun with a bullet in the chamber then he is also ignorant of the law.

 

[Bluedragon]

Yeah ignorant pretty much sums up Gunner really well.
and yeah he had nothing to say when i told him the beretta has been in service for like 23 years now. and if i was such crap why would that still be used or better yet why would 1911's still be in huge demand if they were also jammomatics

then again ive had gun store dealers tell me more loads of crap then i could have went without hearing.

 

[Prometheus]

Here is where some of you seem to be getting confused. You are trying to put FEDERAL laws and STATE laws together.

Federal Law (under interstate commerce) prohibits a LICENSED federal firearms dealer from selling a long gun to persons under the age of 18 and a handgun to persons under the age of 21.

State law prohibits the sale of handguns to anyone under the age of 18.

A 18 y/o Indiana resident can buy (or receive as a gift) a handgun from any Indiana resident.

Don't confuse federal restrictions on dealers, with state restrictions on minors.

To answer the OP's questions:
1- Cop was 100% correct in selling you a handgun at the age of 18 or older. 100% legal transaction. Dealer at the indy 1500 was 100% incorrect.

2- With a Valid Indiana LTCH you can carry a handgun at 18+.

3- No state law prohibits the carry of a loaded handgun gun (with or without a round in the chamber) with a LTCH. The kid in the police academy is 100% wrong.

Someone on here mentioned "straw purchase". In order for a purchase to qualify as a "straw purchase" the buyer MUST be buying the firearm for a person who is NOT ALLOWED TO OWN said weapon. Thus a wife buying a gun for her husband as a gift is not a "straw purchase" unless her husband is prohibited from owning that gun.

Simply buying a gun for someone else is not, in and of itself, a "straw purchase".

Hope that clears it up!

 

[NateIU10]

Hmm perhaps the 18 to buy ak's and 21 for handguns is cuz the 21 thing is Federal law and the law that states u can be 18 for a permit and private sales is because that is just Indiana state law?

I know why it is, I was just saying that it should be one age of majority, for EVERYTHING.