Buying a handgun without a permit

[samrothstein01]

As I mentioned, I am simply relaying the information that was given to me, not endorsing it. Also, I don't think he was trying to interpret the law, but rather give the group he was speaking to the realistic version of why they care from an officer saftey perspective. It is amazing how many officers I have ran into that interpret the law differently.

I would like to continue this conversation and explore/understand the law a bit better, so I will start a new post under the "laws" section instead of hijacking this one!

Thanks!

 

[chipdog4]

Throwing the handgun in the trunk or glovebox without a license IS concealed, therefore illegal.
It must be in the open. On the seat next to you.

 

[Scutter01]

Throwing the handgun in the trunk or glovebox without a license IS concealed, therefore illegal.
It must be in the open. On the seat next to you.

Can't tell if you're making a joke or not.

If you aren't:

Indiana makes no distinction between open and concealed carrying. There is just "carrying" and you must have a license to do so. The "secure wrapper" clause is the only exception. If you have a handgun in the open on the seat next to you without a license, you are going to jail.

If you are:

Loaded and unholstered?

 

[chipdog4]

It was in response to bringing a gun home from purchasing without a license.
It has to be out in the open.

 

[ATM]

It was in response to bringing a gun home from purchasing without a license.
It has to be out in the open.

Please cite the code for this.
It would be in conflict with the code violation that will send you to jail.

 

[GetA2J]

It was in response to bringing a gun home from purchasing without a license.
It has to be out in the open.

Bringing it home from place of purchase is OK as long as t is unloaded and in a secure wrapper. According to the way the law reads. IF however you take it home from place of purchase and then took it to the range to try it out (all without a LTCH) the latter part of the trip would be illegal. AS far as a FTF purchase. I probably would not purchase one without a LTCH unless it has a secure box. i.e. kroger bag would not be secure at all. Also, I would not sell a handgun to ANYBODY without a LTCH because at least then I know the purchaser has completed a background check and I would not feel as though I was potentially selling to a felon.

 

[Cricket Tickler]

Best solution: Get the permit. Roughly an 8 week waiting period. Your buddy is gonna get a sidearm then not be able to legally carry for x number of weeks until paperwork is submitted and returned.

 

[Scutter01]

It was in response to bringing a gun home from purchasing without a license.
It has to be out in the open.

No. No it doesn't. In fact, "out in the open" is exactly opposite what the code states, which is "unloaded and in a secure wrapper". A secure wrapper, while not defined in the statute, is generally taken to mean a locked hard-shelled container such as the original box the firearm shipped in.

If you still think it should be out in the open, please cite the statute that requires this.

 

[esrice]

It was in response to bringing a gun home from purchasing without a license.
It has to be out in the open.

Do you/have you lived in Ohio? This sounds like some of their goofy laws in the past.

 

[Yamadog35]

Bringing it home from place of purchase is OK as long as t is unloaded and in a secure wrapper. According to the way the law reads. IF however you take it home from place of purchase and then took it to the range to try it out (all without a LTCH) the latter part of the trip would be illegal.

So then we have an NRA sanctioned instructor in Indy who is telling students in his beginners handgun class to break the law because as part of the class he had us bring our guns to the range with or without an LTCH. I have to assume this is because he has been misguided as to the interpretation of the law.

 

[Scutter01]

So then we have an NRA sanctioned instructor in Indy who is telling students in his beginners handgun class to break the law because as part of the class he had us bring our guns to the range with or without an LTCH. I have to assume this is because he has been misguided as to the interpretation of the law.

It depends on where the class is being held. If there is a gunsmith (i.e. a "place of repair") located on the premises, then it's legal. Otherwise, yes, he doesn't know what he's talking about. The statute is quite clear.

 

[Scutter01]

I really don't see what's so difficult to understand. To legally transport a firearm without a license you absolutely must meet one of these three criteria. These are the only exceptions (for non-LEO civilians):

IC 35-47-2-2
Excepted persons
Sec. 2. Section 1 of this chapter does not apply to:
(11) any person while carrying a handgun unloaded and in a secure wrapper

• from the place of purchase to his dwelling or fixed place of business, or
• to a place of repair or back to his dwelling or fixed place of business, or
• in moving from one dwelling or business to another.

As added by P.L.311-1983, SEC.32.

(Some formatting added by me)


There is simply no "wiggle room" in the interpretation of the statute. Some LEOs may choose not to enforce it if, for example, you are going to/from the range, but that doesn't change the law. You would still technically be in violation.

 

[dice dealer]

I have had a LEO ask me if i had a permit for the handguns i had at the clark county forestry gun range ..
granted it is a free range were LEO train from time to time not a privatly owned range with membership ..
but when he asked i said of course i do ...he said " ok cool " and never asked to see it or anything else ... he did comment about the number of weapons i had with me and told me how nice some were and of course i told him feel free to shoot anything he seen i had with me ...
all in all was a very nice guy ...had a good time chatting with him about guns

 

[chipdog4]

I've heard it from 2 state cops and 2 very informed dealers. Doesn't matter what the statute says if this is what the lawman says.

The gun box or 'wrapper' has to be in visible sight in the open, not concealed in the trunk or glove box.

So if you're around Dubois County, this is the way the state cops interpret it.

 

[ATM]

I've heard it from 2 state cops and 2 very informed dealers. Doesn't matter what the statute says if this is what the lawman says.

The gun box or 'wrapper' has to be in visible sight in the open, not concealed in the trunk or glove box.

So if you're around Dubois County, this is the way the state cops interpret it.

Yikes. Goodbye law... hello lawman.

 

[esrice]

Doesn't matter what the statute says if this is what the lawman says.

LEOs do their jobs based on what the statue's say, so I'd imagine it does matter.

I understand where you're coming from, but keep in mind that the police can't know EVERY statute about EVERY situation. The statute has been presented to you directly, so you don't need to ask a LEO what is legal/illegal. LEOs *enforce* the laws. How can they enforce a law that doesn't exist?

 

[Scutter01]

Doesn't matter what the statute says if this is what the lawman says.

Wow. I just don't even know how to respond to that. Guess if Dubois County LEOs are inventing their own laws then I think I'll just stay out of Dubois County. On the other hand, it would make for a great civil rights violation lawsuit.

 

[hoosiertriangle]

I'll tell you what I say to that, lol, roflmao, and followed by teeheehee. I don't care what the LEO tell you, they don't make the law. A court may have interpreted it the way they've told chipdog4, but I've not heard or seen any case saying that.

At the end of the day, you read the statute and do what you think you need to do. When you have trouble in another part of the state, the responce "2 state cops and 2 very imformed dealers told me . . ." won't get you anywhere, except more of the same lol, roflmao, followed by teeheehee and maybe some snorting.

To each their own . . .

I've heard it from 2 state cops and 2 very informed dealers. Doesn't matter what the statute says if this is what the lawman says.

The gun box or 'wrapper' has to be in visible sight in the open, not concealed in the trunk or glove box.

So if you're around Dubois County, this is the way the state cops interpret it.

 

[johnjw77]

The local gun dealer in Brownsburg told me the other day that if I were to buy a handgun and transport it home in the trunk with receipt that it was perfectly legal.

 

[jedi]

Sorry for bring this thread back to LIFE found it via the FAQ and I wanted to know where in the IC it says (if it does) that a face to face handgun purchase is OK in Indiana. I know that is it LEGAL to buy a handgun from a private party in Indiana so long as
1) You are 18+
2) You have no reason to believe the other person is a felon
3) You know the other person is a resident of the state of Indiana

Is this correct? Where is the IC for this?
Thanks