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  • Fargo

    Grandmaster
    Rating - 100%
    13   0   0
    Mar 11, 2009
    7,575
    63
    In a state of acute Pork-i-docis
    In Indiana you have to produce a LTCH if asked for it by a LEO. If you do not you can and will be arrested. If you do have one your record will be purged when it is showed to the officer or courts.

    Its in the IC

    This is basically the answer. Before everyone screams "but they can't pull you over to check your driver's license", go read the statutes requiring a drivers license and the one creating an exception for those with a LTCH.

    Joe
     

    E5RANGER375

    Shooter
    Rating - 100%
    15   0   0
    Feb 22, 2010
    11,507
    38
    BOATS n' HO's, Indy East
    In Indiana, it's illegal to posses a firearm (off your property) without a license. Having a license is a defense against that. Therefore, if an officer sees you with a firearm, you're committing a crime until you show that you're not. The burden of proof is on you to show that you are exempt from the prohibition.

    Case law may disagree. Certainly, there's plenty of discussion about whether an officer really does have the right to demand your license just for having a firearm in your possession.

    a firearm or; a pistol?

    its my understanding that no license is needed to openly carry a long gun in public. am i wrong?
     

    LtScott14

    Master
    Rating - 0%
    0   1   0
    Apr 13, 2008
    1,531
    83
    Porter County
    In the defense of the DNR ranges, they have posted signs about having a LTCH to fire handguns. They do not accept Illinois FOID cards as a permit. Long guns appear exempt. The technical side of minors in possesion of handguns on a public range appear as a violation, however if a LTCH parent is alongside and instructing I think most range officials would qualify it as okay. To instruct both of my sons, they fired revolvers and 45 ACP to understand the recoil and operation. Never had any questions from range officers. Even though I was a LEO, my interest was not to police the DNR range. The CO's I knew would not have time or resources to check every shooter on the range. Sounds like an Adam12 radio announcement "See the man" thing.
     

    kludge

    Grandmaster
    Rating - 100%
    5   0   0
    Mar 13, 2008
    5,360
    48
    What if you take it, have a license, and your dependent child shoots the pistol? Or friend for that matter?

    Kids are OK when supervised by an adult at an established range or where discharge of a firearm is not prohibited, or while hunting, or in a competition, or travelling with an unloaded firearm to and from the activity, or on property under control of an adult family member and has permission from a parent to possess the firearm.

    Adults ARE NOT exempted nor protected by any such law, AFAIK, IANAL, etc. Does shooting a handgun at a range fall under "shall not carry a handgun... on or about the person's body when a buddy (or an NRA Instructor for that matter) standing next you has a LTCH?" Is "holding and shooting" the same thing as "carry on our about [your] person?"

    A prosecutor could certainly make the case. However I know of no case law.

    An actual lawyer here has said "GET THE LICENSE!" Every class we teach we emphasise that if you are over 18 and there is a handgun in the home, "get the license." Even if your thinking about getting a handgun, get the license. $125 and a couple hours of your time will save you thousands.

    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.


    IC 35-47-2.5-14
    Providing handgun to ineligible purchaser; exemptions
    Sec. 14. (a) This section does not apply to a person who provides a handgun to the following:
    (1) A child who is attending a hunters safety course or a firearms safety course or an adult who is supervising the child during the course.
    (2) A child engaging in practice in using a firearm for target shooting at an established range or in an area where the discharge of a firearm is not prohibited or is supervised by:
    (A) a qualified firearms instructor; or
    (B) an adult who is supervising the child while the child is at the range.
    (3) A child engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under Section 501(c)(3) of the Internal Revenue Code that uses firearms as a part of a performance or an adult who is involved in the competition or performance.
    (4) A child who is hunting or trapping under a valid license issued to the child under IC 14-22.
    (5) A child who is traveling with an unloaded firearm to or from an activity described in this section.
    (6) A child who:
    (A) is on real property that is under the control of the child's parent, an adult family member of the child, or the child's legal guardian; and
    (B) has permission from the child's parent or legal guardian to possess a firearm.
    (b) A person who purchases a handgun with the intent to:
    (1) resell or otherwise provide the handgun to another person who the person knows or has reason to believe is ineligible for any reason to purchase or otherwise receive from a dealer a handgun; or
    (2) transport the handgun out of the state to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm;
    commits a Class D felony.
    (c) If the violation of this section involves a transfer of more than one (1) handgun, the offense is a Class C felony.

    IC 35-47-10
    Chapter 10. Children and Firearms

    IC 35-47-10-1
    Exemptions from chapter
    Sec. 1. This chapter does not apply to the following:
    (1) A child who is attending a hunters safety course or a firearms safety course or an adult who is supervising the child during the course.
    (2) A child engaging in practice in using a firearm for target shooting at an established range or in an area where the discharge of a firearm is not prohibited or supervised by:
    (A) a qualified firearms instructor; or
    (B) an adult who is supervising the child while the child is at the range.
    (3) A child engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under Section 501(c)(3) of the Internal Revenue Code that uses firearms as a part of a performance or an adult who is involved in the competition or performance.
    (4) A child who is hunting or trapping under a valid license issued to the child under IC 14-22.
    (5) A child who is traveling with an unloaded firearm to or from an activity described in this section.
    (6) A child who:
    (A) is on real property that is under the control of the child's parent, an adult family member of the child, or the child's legal guardian; and
    (B) has permission from the child's parent or legal guardian to possess a firearm.
    (7) A child who:
    (A) is at the child's residence; and
    (B) has the permission of the child's parent, an adult family member of the child, or the child's legal guardian to possess a firearm.
    As added by P.L.140-1994, SEC.12. Amended by P.L.1-1995, SEC.78; P.L.203-1996, SEC.2.

    IC 35-47-10-2
    "Adult" defined
    Sec. 2. As used in this chapter, "adult" means a person who is at least eighteen (18) years of age.
    As added by P.L.140-1994, SEC.12.
    IC 35-47-10-3
    "Child" defined
    Sec. 3. As used in this chapter, "child" means a person who is less than eighteen (18) years of age.
    As added by P.L.140-1994, SEC.12.
    IC 35-47-10-4
    "Loaded" defined
    Sec. 4. As used in this chapter, "loaded" means having any of the following:
    (1) A cartridge in the chamber or cylinder of a firearm.
    (2) Ammunition in close proximity to a firearm so that a person can readily place the ammunition in the firearm.
    As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.3.

    IC 35-47-10-5
    Dangerous possession of a firearm
    Sec. 5. A child who knowingly, intentionally, or recklessly:
    (1) possesses a firearm for any purpose other than a purpose described in section 1 of this chapter; or
    (2) provides a firearm to another child with or without remuneration for any purpose other than a purpose described in section 1 of this chapter;
    commits dangerous possession of a firearm, a Class A misdemeanor. However, the offense is a Class C felony if the child has a prior conviction under this section.
    As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.4.

    IC 35-47-10-6
    Dangerous control of a firearm
    Sec. 6. An adult who knowingly, intentionally, or recklessly provides a firearm to a child for any purpose other than those described in section 1 of this chapter, with or without remuneration, commits dangerous control of a firearm, a Class C felony. However, the offense is a Class B felony if the adult has a prior conviction under this section.
    As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.5.
    IC 35-47-10-7
    Permitting child to possess a firearm
    Sec. 7. A child's parent or legal guardian who knowingly, intentionally, or recklessly permits the child to possess a firearm:
    (1) while:
    (A) aware of a substantial risk that the child will use the firearm to commit a felony; and
    (B) failing to make reasonable efforts to prevent the use of a firearm by the child to commit a felony; or
    (2) when the child has been convicted of a crime of violence or has been adjudicated as a juvenile for an offense that would constitute a crime of violence if the child were an adult;
    commits dangerous control of a child, a Class C felony. However, the offense is a Class B felony if the child's parent or legal guardian has a prior conviction under this section.
    As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.6.

    IC 35-47-10-8
    Term of imprisonment in addition to criminal penalty
    Sec. 8. (a) In addition to any criminal penalty imposed for an offense under this chapter, the court shall order the following:
    (1) That a person who has committed an offense be incarcerated for five (5) consecutive days in an appropriate facility.
    (2) That the additional five (5) day term must be served within two (2) weeks after the date of sentencing.
    (b) Notwithstanding IC 35-50-6, a person does not earn credit time while serving an additional five (5) day term of imprisonment imposed by a court under this section.
    As added by P.L.140-1994, SEC.12.

    IC 35-47-10-9
    Consecutive sentences imposed
    Sec. 9. A court shall impose consecutive sentences upon a person who has a conviction under this chapter and a conviction under IC 35-47-2-7.
    As added by P.L.140-1994, SEC.12.

    IC 35-47-10-10
    Rehabilitation of child; placement in quasi-military program
    Sec. 10. When sentencing a child who has committed an offense under this chapter, a court may elect to place the child in a facility that uses a quasi-military program for rehabilitative purposes.
    As added by P.L.140-1994, SEC.12.
     

    DarcEagle

    Plinker
    Rating - 0%
    0   0   0
    Apr 5, 2010
    32
    6
    random ? if some one has no ltc and they have a handgun in the car, but said handgun is in pieces field striped lets say is it then ok to transport or do the parts still constitute having a handgun
     
    Last edited:

    Roadie

    Modus InHiatus
    Rating - 100%
    17   0   0
    Feb 20, 2009
    9,775
    63
    Beech Grove
    random ? if some one has no ltc and they have a handgun in the car, but said handgun is in pieces field striped lets say is it then ok to transport or do the parts still constitute having a handgun

    From the numerous posts on this subject, the general consensus is: still a handgun
     

    Bill of Rights

    Cogito, ergo porto.
    Site Supporter
    Rating - 100%
    7   0   0
    Apr 26, 2008
    18,096
    77
    Where's the bacon?
    From the numerous posts on this subject, the general consensus is: still a handgun

    Yep. Law does not specify that it be assembled. IIRC, the law does not even specify that if assembled it be functional. I don't have my copy handy to look, but I think I saw a case specifically on this subject in Bryan Ciyou's Indiana Handgun Law when I was looking up something else yesterday.

    Get the license.

    Blessings,
    Bill
     

    Protest

    Expert
    Rating - 0%
    0   0   0
    Mar 10, 2010
    1,193
    38
    SW Michigan
    You or someone with you needs to have a LTCH or else it shouldn't (legally) be off someone's private property or fixed place of business.
    What? Are you saying that if I don't have my LTCH (which I'm still waiting for BTW) my friend, who has an LTCH can escort me and my gun to the range, and then I can shoot?

    That doesn't sound right, because when I commence firing at the range, I am in possession of my gun somewhere other than my dwelling or fixed place of business.
     

    ATM

    will argue for sammiches.
    Site Supporter
    Rating - 100%
    30   0   0
    Jul 29, 2008
    21,019
    83
    Crawfordsville
    What? Are you saying that if I don't have my LTCH (which I'm still waiting for BTW) my friend, who has an LTCH can escort me and my gun to the range, and then I can shoot?

    Yes. The license holder transports, remains with the non-licensed shooter and then transports it back.

    That doesn't sound right, because when I commence firing at the range, I am in possession of my gun somewhere other than my dwelling or fixed place of business.

    Possession is obviously treated differently than carrying/transporting.

    I can't make a legal defense for it from the code, but it is such a common practice that the lack of charges show it to not be an issue.

    Normally, at least one LTCH per group is considered satisfactory and seems to cover the rest of the group.
     

    ThePope

    Marksman
    Rating - 0%
    0   0   0
    Jan 4, 2010
    164
    16
    Fort Wayne,In
    Hi, all, I got to page 4 before I decided to rant....

    I began shooting sports about 5 years ago.....bought a pistol before I had an LTCH, no problemo buying and acquiring ammo, walking into the gun-shops' range, and shooting to my hearts content....

    BUT, as soon as I leave, get to my house, from that point onward, I cannot transport said gun to the very range I shoot at, un-believable, but true. ( I did it anyway, because I was not aware of the prohibitive laws regarding it)

    NOW, I want my LTCH, but they are so back-logged, it could be 6 months before I receive it, maybe longer, I have a friend who is currently on month 5 of his wait to carry....he can have one at his place of business, as a business owner, but cannot transport it off of that property....the irony is thick.

    I got my LTCH permit, after a wait of 80 days, at that time, the life-time wasn't offered, so, before my permit expired, I applied for my life-time LTCH, have been told, by the officer that took my info, that if my LTCH expires before my life-time permit arrives, I can continue to carry, as long as I also carry my application receipt with me....do I want to test this ?

    NO.....do I have any other option ?

    NO.

    If I get stopped, this will be tested, and I shall write about it here.

    I am Now out....;)
     
    Last edited:

    ATM

    will argue for sammiches.
    Site Supporter
    Rating - 100%
    30   0   0
    Jul 29, 2008
    21,019
    83
    Crawfordsville
    *tag* I am now in!:D

    ...before my permit expired, I applied for my life-time LTCH, have been told, by the officer that took my info, that if my LTCH expires before my life-time permit arrives, I can continue to carry, as long as I also carry my application receipt with me....

    That is actually true. Test away.

    The rest is still rantworthy. :yesway:



    eye yam out 2.
     

    ThePope

    Marksman
    Rating - 0%
    0   0   0
    Jan 4, 2010
    164
    16
    Fort Wayne,In
    Have you been tested on it ?




    Crap, man, you tagged me...now I must re-tag YOU ! !

    Glutan-Tag...yer it.......

    ( eye yam out, goot one )

    AAIIIIIIIIIIIIIIIEEE am nowwout............wooooot !.........:cool:
     

    ATM

    will argue for sammiches.
    Site Supporter
    Rating - 100%
    30   0   0
    Jul 29, 2008
    21,019
    83
    Crawfordsville
    Have you been tested on it ?

    Not personally, but I have studied for the quiz. ;)


    IC 35-47-2-6
    Granting or rejecting initial application; renewals
    Sec. 6. (a) Every initial application for any license under this chapter shall be granted or rejected within sixty (60) days after the application is filed.
    (b) The period during which an application for the renewal of an existing license may be filed begins one hundred eighty (180) days before the expiration of the existing license. If the application for renewal of an existing license is filed within thirty (30) days of its expiration, the existing license is automatically extended until the application for renewal is passed upon.

    woot.
     
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