July 1 Carry Laws

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  • xwing

    Expert
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    0   0   0
    Apr 11, 2012
    1,127
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    Greene County
    To the OP: The interesting thing is the seeming conflict between IC 35-47-2-3 and IC 35-47-2-1(b) regarding car-carry.

    To me, it seems that 35-47-2-3 is controlling, as it specifically allows carry. I see no other law that would specifically disallow carry in vehicles (except for persons denoted in IC35-47-2-1.5). And 35-47-2-1(b) provides an additional way that firearms can be legally transported. This would only be relevant to those to whom 35-47-2-3 does not apply {e.g. per 35-47-2-1(a)(3)}. It's very convoluted. But anything that is not specifically prohibited is by default allowed...

    IANAL and this is not legal advice.
     

    Kirk Freeman

    Grandmaster
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    8   0   0
    Mar 9, 2008
    47,969
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    Lafayette, Indiana
    To the OP: The interesting thing is the seeming conflict between IC 35-47-2-3 and IC 35-47-2-1(b) regarding car-carry.

    To me, it seems that 35-47-2-3 is controlling, as it specifically allows carry. I see no other law that would specifically disallow carry in vehicles (except for persons denoted in IC35-47-2-1.5). And 35-47-2-1(b) provides an additional way that firearms can be legally transported. This would only be relevant to those to whom 35-47-2-3 does not apply {e.g. per 35-47-2-1(a)(3)}. It's very convoluted. But anything that is not specifically prohibited is by default allowed...

    IANAL and this is not legal advice.

    The confusion of "car carry" is what we on INGO call the "Rhino Effect". The laws of our sisters states are imputed into Indiana, e.g. Kirk's First Law of the Internet: if it is the law in Texas, it is the law in Indiana. Violations of this law are punished via rhino gifting Kirk a case of .45acp. This is an iron law.

    Several of the Southern States hold that one's vehicle is an extension of the home and a license was not needed. Indiana had no such holding.

    If one had the license, one would carry in the car, in your purse, in a boat with a goat, or, the INGO Way, duct-taped to your forehead like all great Americans. The repeal of the license requirement does not impact the location or method of carry.
     

    BigMoose

    Grandmaster
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    4   0   0
    Apr 14, 2012
    5,103
    149
    Indianapolis
    The confusion of "car carry" is what we on INGO call the "Rhino Effect". The laws of our sisters states are imputed into Indiana, e.g. Kirk's First Law of the Internet: if it is the law in Texas, it is the law in Indiana. Violations of this law are punished via rhino gifting Kirk a case of .45acp. This is an iron law.

    Several of the Southern States hold that one's vehicle is an extension of the home and a license was not needed. Indiana had no such holding.

    If one had the license, one would carry in the car, in your purse, in a boat with a goat, or, the INGO Way, duct-taped to your forehead like all great Americans. The repeal of the license requirement does not impact the location or method of carry.
    45?!?!?! Do any of those Kraut german guns take anything else but 9mm Parabellum?
     

    68NOVA

    Expert
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    0   0   0
    Feb 26, 2016
    1,482
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    nwi
    The confusion of "car carry" is what we on INGO call the "Rhino Effect". The laws of our sisters states are imputed into Indiana, e.g. Kirk's First Law of the Internet: if it is the law in Texas, it is the law in Indiana. Violations of this law are punished via rhino gifting Kirk a case of .45acp. This is an iron law.

    Several of the Southern States hold that one's vehicle is an extension of the home and a license was not needed. Indiana had no such holding.

    If one had the license, one would carry in the car, in your purse, in a boat with a goat, or, the INGO Way, duct-taped to your forehead like all great Americans. The repeal of the license requirement does not impact the location or method of carry.
    Do I need the goat in order to boat carry?
     
    Rating - 100%
    4   0   0
    Mar 9, 2022
    2,173
    113
    Bloomington
    That is to say carrying loaded in a vehicle still requires a license?
    No, it just means that what a license allowed you to do before you can now do without a license (ie, carry a loaded gun in your vehicle on public roads) assuming there are no other factors that would make it illegal for you to do so (such as meeting one of the criteria in IC 35-47-2-1.5)

    IANAL, etc
     

    winchester4440

    Plinker
    Rating - 0%
    0   0   0
    Sep 15, 2021
    46
    18
    Evansville, IN
    To the OP: The interesting thing is the seeming conflict between IC 35-47-2-3 and IC 35-47-2-1(b) regarding car-carry.

    To me, it seems that 35-47-2-3 is controlling, as it specifically allows carry. I see no other law that would specifically disallow carry in vehicles (except for persons denoted in IC35-47-2-1.5). And 35-47-2-1(b) provides an additional way that firearms can be legally transported. This would only be relevant to those to whom 35-47-2-3 does not apply {e.g. per 35-47-2-1(a)(3)}. It's very convoluted. But anything that is not specifically prohibited is by default allowed...

    IANAL and this is not legal advice.
    Guys,

    I apologize for being slow-minded. I really want to understand the law, and be totally within the law. And what xwing said above regarding conflicting language is exactly why I'm not understanding.

    b3, below (emphasis mine) is what I'm having trouble with.
    • IF a license is NOT required, then WHAT is the PURPOSE of keeping this language? (Please see the text, in RED, below.
    IC 35-47-2-1Carrying a handgun without being licensed; construction of chapter

    Sec. 1. (a) A person who meets the following requirements may carry a handgun in the manner described in subsection (b):

    (1) The person is not prohibited from possessing or carrying a handgun under federal law as in effect on January 1, 2022.

    (2) Notwithstanding section 1.5 of this chapter, the person is not otherwise prohibited under state law from possessing or carrying a handgun.

    (3) The person does not meet the requirements under IC 35-47-2-3 to receive a license to carry a handgun in Indiana.

    (b) A person may carry a handgun without being licensed under this chapter to carry a handgun if:

    (1) the person carries the handgun on or about the person's body in or on property that is owned, leased, rented, or otherwise legally controlled by the person;

    (2) the person carries the handgun on or about the person's body while lawfully present in or on property that is owned, leased, rented, or otherwise legally controlled by another person, if the person:

    (A) has the consent of the owner, renter, lessor, or person who legally controls the property to have the handgun on the premises;

    (B) is attending a firearms related event on the property, including a gun show, firearms expo, gun owner's club or convention, hunting club, shooting club, or training course; or

    (C) is on the property to receive firearms related services, including the repair, maintenance, or modification of a firearm;

    (3) the person carries the handgun in a vehicle that is owned, leased, rented, or otherwise legally controlled by the person, if the handgun is:

    (A) unloaded;

    (B) not readily accessible; and

    (C) secured in a case;


    (4) the person carries the handgun while lawfully present in a vehicle that is owned, leased, rented, or otherwise legally controlled by another person, if the handgun is:

    (A) unloaded;

    (B) not readily accessible; and

    (C) secured in a case; or
     
    Rating - 100%
    4   0   0
    Mar 9, 2022
    2,173
    113
    Bloomington
    Guys,

    I apologize for being slow-minded. I really want to understand the law, and be totally within the law. And what xwing said above regarding conflicting language is exactly why I'm not understanding.

    b3, below (emphasis mine) is what I'm having trouble with.
    • IF a license is NOT required, then WHAT is the PURPOSE of keeping this language? (Please see the text, in RED, below.
    The text you highlighted in red applies to someone who either falls under 35-47-2-1.5 or is otherwise ineligible to receive an Indiana LTCH.

    If you don't fit into 35-47-2-1.5, and you are eligible to receive a LTCH (regardless of whether your actually have one or not) then you don't have to worry about the highlighted text, and you can carry loaded in your vehicle.

    The important part is to read the first four lines of what you quoted; it lays out there who is being talked about in the rest.

    IANAL, don't do anything based on what I say, etc, etc
     

    Kirk Freeman

    Grandmaster
    Rating - 100%
    8   0   0
    Mar 9, 2008
    47,969
    113
    Lafayette, Indiana
    He’s right. He’ll have to have a driver’s license to carry in his car; otherwise it’s a mass of metal sitting on his driveway or in front of his house containing a gun and that’s not carrying - that’s storage!

    Everyone in this thread is on double secret probation . . . including me.
     

    winchester4440

    Plinker
    Rating - 0%
    0   0   0
    Sep 15, 2021
    46
    18
    Evansville, IN
    OK, I’m done! ;) Thanks to all who replied.

    Answered by Rokita’s Gun Owner’s Bill of Rights


    Q: Is a license to carry a handgun required in Indiana?

    A: No, a permit or license is not required to possess or carry a handgun, shotgun, or rifle in Indiana after July 1, 2022. Handguns, shotguns, and rifles are allowed in the vehicles of all persons 18 years of age and older who have not been deemed an “improper person” by the state. An improper person could be someone with a felony conviction, domestic violence offense, or has a dangerous mental illness, among other disqualifying reasons.

    In short, any proper person, as defined in Ind. Code § 35-47-1-7, may legally carry a handgun, concealed or openly, or have a handgun in their vehicle without a license. Ind. Code 35-47-2-1.
     
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