FINALLY MOVED TO INDY..CARRY QUESTIONS

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  • snubpacker

    Plinker
    Rating - 0%
    0   0   0
    Jul 6, 2009
    7
    1
    Pendleton, IN
    I recently moved to Indy from Florida. While FL had very few restrictions on concealed carry there were a few. Indiana seems to have fewer yet. The license issued by Florida was a Concealed WEAPONS License and allowed the bearer to carry most anything legal, including a collapsible baton and a large fixed blade knife, both of which were defined in the Florida Statute as "Weapons".

    Indiana's LTCH License only covers handguns. However, I have read what I believe to be the applicable IN Codes and can find no place where Indiana considers either the baton or the knife to be a weapon. If this is the case, I would assume that since the code is silent it would be legal to carry those objects. I really don't want to have to use a hammer when I only need a screwdriver.

    Comments?
     

    steve666

    Master
    Rating - 0%
    0   0   0
    Jan 12, 2010
    1,563
    38
    Indianapolis Eastside
    :welcome:You are correct sir. You can carry whatever you want to be saddled with, baton, knife (as long as it isn't a switchblade or throwing star), mace/pepper spray, stun gun, etc.
     

    snubpacker

    Plinker
    Rating - 0%
    0   0   0
    Jul 6, 2009
    7
    1
    Pendleton, IN
    Actually living in Pendleton. Sorry for the confusion.

    Thanks for the thumbs up info on the baton and knife. I wasn't sure if I had read all of the Cods pertaining to handguns....there are so few. In Florida, they actually send license holders a copy of the Statutes with their permit, including those that apply to the use of deadly force.

    Again, thanks for the info
     
    Rating - 100%
    18   0   0
    Dec 7, 2008
    2,118
    38
    Greenfield
    Welcome to Indiana and INGO!! I will add one tidbit, that although you can certainly carry a knife, there are still restrictions, such as jails, prisons, courthouses (I think), etc. I don't know all of the specifics, but there are some restrictions, IIRC.

    Someone more familiar may be able to chime in with the exact info....
     

    snubpacker

    Plinker
    Rating - 0%
    0   0   0
    Jul 6, 2009
    7
    1
    Pendleton, IN
    I would be happy to research this in the Indiana Code. However, I have tried and just could not find any applicable sections. Anyone familiar with the Code, just point me in the right direction.
     

    snubpacker

    Plinker
    Rating - 0%
    0   0   0
    Jul 6, 2009
    7
    1
    Pendleton, IN
    I did apply for the Lifetime License and have already received it...the wife too.

    Thanks to Pudly's reference, I was able to determine that under current code, the baton and knife would be considered a "deadly weapon" and therefore not covered by the Handgun License. In fact, the Indiana Supreme Court has upheld that even a common item such as a fan belt can be classified as a deadly weapon if carried to inflict injury. This was determined by reading a legal brief written by a Madison County Judge that I found on-line. Here is the reference:

    IC 35-41-1-8
    "Deadly weapon" defined
    Sec. 8. (a) Except as provided in subsection (b), "deadly weapon" means the following:
    (1) A loaded or unloaded firearm.
    (2) A destructive device, weapon, device, taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC 35-47-8-1), equipment, chemical substance, or other material that in the manner it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury.

    IMHO, the baton and knife fall into this category. Thanks for the assist. Better safe than sorry!
     

    Kirk Freeman

    Grandmaster
    Rating - 100%
    9   0   0
    Mar 9, 2008
    48,073
    113
    Lafayette, Indiana
    Thanks to Pudly's reference, I was able to determine that under current code, the baton and knife would be considered a "deadly weapon" and therefore not covered by the Handgun License.

    What? I'm not tracking.

    What does the definition of deadly weapon this have to do with anything?

    You need a pink card to carry a pistol and a stun gun/taser, nothing else, carry all the ninjy clubs and knives you want without a license.

    Above all, get the license.
     

    AFA1CY

    Master
    Rating - 0%
    0   0   0
    Mar 18, 2008
    2,158
    36
    In that Field that is Green
    Kirk, please clarify, the infamous Indiana pink card is needed for a TASER?

    IC 35-47-8
    Chapter 8. Regulation of Electronic Stun Weapons, Tasers, and Stun Guns
    IC 35-47-8-1
    "Electronic stun weapon" defined
    Sec. 1. As used in this chapter, "electronic stun weapon" means any mechanism that is:
    (1) designed to emit an electronic, magnetic, or other type of charge that exceeds the equivalency of a five (5) milliamp sixty (60) hertz shock; and
    (2) used for the purpose of temporarily incapacitating a person.
    As added by P.L.318-1985, SEC.3.

    IC 35-47-8-2
    "Stun gun" defined
    Sec. 2. As used in this chapter, "stun gun" means any mechanism that is:
    (1) designed to emit an electronic, magnetic, or other type of charge that equals or does not exceed the equivalency of a five (5) milliamp sixty (60) hertz shock; and
    (2) used for the purpose of temporarily incapacitating a person.
    As added by P.L.318-1985, SEC.3.

    IC 35-47-8-3
    "Taser" defined
    Sec. 3. As used in this chapter, "taser" means any mechanism that is:
    (1) designed to emit an electronic, magnetic, or other type of charge or shock through the use of a projectile; and
    (2) used for the purpose of temporarily incapacitating a person.
    As added by P.L.318-1985, SEC.3.

    IC 35-47-8-4
    Applicability of handgun provisions
    Sec. 4. IC 35-47-2 applies to an electronic stun weapon or taser.
    As added by P.L.318-1985, SEC.3.


    IC 35-47-8-5
    Stun guns; purchase, possession, and sale; use in commission of crime; use on law enforcement officer
    Sec. 5. (a) A person eighteen (18) years of age or over may purchase or possess a stun gun.
    (b) A person who sells or furnishes a stun gun to a person who is less than eighteen (18) years of age commits a Class B misdemeanor.
    (c) A person who uses a stun gun in the commission of a crime commits a Class A misdemeanor.
    (d) A person who uses a stun gun on a law enforcement officer while the officer is performing the officer's duties commits a Class D felony.
     
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