Carrying on your own property....no LCTH....what if...

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  • DCR

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    After reading a couple recent threads about carrying on someone else's property and doing yardwork while carrying, I got some ideas in my head and didn't want to hijack either of those threads.

    Let's assume I have a handgun, but no LTCH, and that I want to carry on my own property while I'm outside.

    Some issues I see. Please comment.

    1. When I mow or blow my grass clippings, I step into the street momentarily.
    2. I am "threatened" by someone in a car in the street while I am on my own property. Perhaps I am fired upon.
    3. There is an altercation across the street. Consider it serious enough, that after calling 911, I feel the situation requires my intervention. Under what circumstances would you cross the street? Armed/unarmed.
     

    WhitleyStu

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    Maybe it would be easier to just get your LTCH (if you do not already have it) and not risk stepping "out of bounds". When we lived in Fort Wayne the property line was 11" toward the house from the back of the curb. Here in the county the property line is the center line of the highway out front.
     

    jedi

    Da PinkFather
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    assuming you mean no LTCH as in the state has NOT issued you one as you have not applied for the LTCH.

    1. When I mow or blow my grass clippings, I step into the street momentarily.

    Here you would be breaking the law in terms of leaving yuor property but I would consider this one a "low" offense. Meaning will you ever get caught and if so what proof is there. For example, the speed limit is 55 on the road but does everyone really obey it at say 3AM when there is no one else around? If you go 56 or even 80 and do not get caught are you bad? From the point of the law you have broken it but who enforces it since there is no one around? Unless you turn yourself in for speeding. See where I am going with this?

    2. I am "threatened" by someone in a car in the street while I am on my own property. Perhaps I am fired upon.

    Hum.. many more variables on this one. The person that fired at you are they still firing and coming towards you? Running away? drive bye? An atty once told me that in his opinion the further you got from the "inside" of your home the more "trouble" you could get into in terms of the law and a jury. For example if you are inside your home and shots are being fired and you return fire the case is strong for you that you feared for your life and a jury can put themselves in your shoes. Outside your home and the other side can say you could run to the safety of your home but instead you choose to do justice yourself and press the attack even when there were leaving? A jury may or may not buy that.

    3. There is an altercation across the street. Consider it serious enough, that after calling 911, I feel the situation requires my intervention. Under what circumstances would you cross the street? Armed/unarmed.

    To stop a felony from occuring you can use deadly force in indiana. So say you called 911 and then see that a person pulls out a gun and shoots your neighboor or is pulling out a gun to shoot your neighboor. You can cross the "imaginary" line and use deadly force.


    BTW I AM NOT AN ATTY AND THIS IS NOT LEGAL ADVISE.

    There is a course called Indiana Comprehension Gun Laws given by an ATTY here on INGO in Indy that I would recommend for you.
     

    DCR

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    Thanks for the reponses so far, about what I expected.

    I like the idea that the farther you get from your home, the more trouble you could get in.

    I'm reminded of the guy in Meridian-Kessler (Indy northside for you out-of-towners), about 20 years ago, going about his business in his front yard. BG walking down the sidewalk shoots him. Roughly around 54th & Washington Blvd as I recall. Not exactly a rough neighborhood.
     

    UIndyKenneth

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    1. You'd be breaking the law and if an officer saw you step off your lawn and then for some reason found a handgun on your person then you're going to trial. Doesn't matter if it's one foot on the sidewalk, you can get convicted for not having an LTCH and walking off of your property. People in apartments can't even carry in the hallway without a LTCH, only the room they have a lease on.

    2. I think there would be a problem if you ran off of your property toward them, because either way you'd still be breaking the law. If you shot at them but remained on your property, however, I don't see a problem.

    3. If you have an LTCH then you can go across the street with your handgun and help out, but if you do not, then you must leave the firearm behind. Even if you are helping your neighbor, if the cops find you in possession of a handgun and no LTCH, then you will get arrested for carrying without a LTCH.
     

    jedi

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    3. If you have an LTCH then you can go across the street with your handgun and help out, but if you do not, then you must leave the firearm behind. Even if you are helping your neighbor, if the cops find you in possession of a handgun and no LTCH, then you will get arrested for carrying without a LTCH.

    Arrested yes. Now that the local prosecutor charges and takes it to court is a different story. Since in the above case the prosecutor would be charging the "guy that saved a life". Yes some JB prosecutors would and others would drop the charges. Depends on if you live in JB land or not. :D
     

    finity

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    Why the heck not?? :D

    You can't even go to the range without one, so unless you have property big enough to house a range, you never get to practice with your weapon.

    Just sayin....

    Really?!? When did they start that? I always heard that it was totally legal to go to the range without a permit. A cop told me that. Heck, I was even told that OC is legal without a permit in IN.
     

    Roadie

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    Really?!? When did they start that? I always heard that it was totally legal to go to the range without a permit. A cop told me that. Heck, I was even told that OC is legal without a permit in IN.

    When I read this in my email, my first thought was...PLEASE let this be in purple :D
     

    jblomenberg16

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    After reading a couple recent threads about carrying on someone else's property and doing yardwork while carrying, I got some ideas in my head and didn't want to hijack either of those threads.

    Let's assume I have a handgun, but no LTCH, and that I want to carry on my own property while I'm outside.

    Some issues I see. Please comment.

    1. When I mow or blow my grass clippings, I step into the street momentarily.
    2. I am "threatened" by someone in a car in the street while I am on my own property. Perhaps I am fired upon.
    3. There is an altercation across the street. Consider it serious enough, that after calling 911, I feel the situation requires my intervention. Under what circumstances would you cross the street? Armed/unarmed.


    Very good thoughts, and it enforces that when carrying your handgun, always carry your LTCH.

    But my :twocents: on the questions:

    1. Odds are low anything would happen, and even more reason to remind yourself not to step off the property anyway.

    2. I'm going to defend myself and worry about legal problems later.

    3. Depending on the situation, it may call for a long gun, which gives me more range and accuracy and I can fire from cover on my property.

    If immediate intervention is needed, I'm going to intervene and worry about legal problems later.
     

    littletommy

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    This post brings up a good point for those of us who DO have a ltch. I've caught myself going out to the garage/yard with my gun on my belt, but no wallet, so I turn around and go back in the house to get it. If something came up that prompted me to have to leave my property in a hurry/emergency, I always wanna be prepared.:twocents: Carry on!
     

    groovatron

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    GET YOUR LTCH!!!!! There is no other option when your personal defense is concerned. Carrying just on your property will only protect you a small percentage of the time. Get the license, practice frequently, and don't leave home without it :D
     
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