OC with Out-of-State permit?

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  • LANShark42

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    Dec 24, 2012
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    Evansville
    I have some out-of-state friends coming into town for a tractor show this spring, from KY, LA (State, NOT the city) and MD. If they have cc permits in their respective states, does that allow them to oc here in IN?
     

    CTS

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    Fort Wayne
    To the best of my knowledge, they have to carry within the terms of their home states permit. So if their permit specifies concealed carry only, they they have to conceal carry here as well. That said, I'm looking for the portion of the IC that deals with that, I'll post back when I find it. I have no problem admitting I may be wrong.

    Here you go, I found it:

    IC 35-47-2-21
    Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
    Sec. 21. (a) Retail dealers' licenses issued by other states or foreign countries will not be recognized in Indiana except for sales at wholesale.
    (b) Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.
    As added by P.L.311-1983, SEC.32.

    So they have to comply with the terms their license is issued under.

    Out of curiosity would anyone happy to know if residents of states with constitutional carry would have to have anything at all on them to carry legally here? It's an interesting thought.
     
    Last edited:

    SideArmed

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    Can that be cited in law? I'm curious as to what that language looks like.

    IC 35-47-2-21
    Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
    35-47-2-21
    Sec. 21.
    (a) Retail dealers' licenses issued by other states or foreign countries will
    not be recognized in Indiana except for sales at wholesale.
    (b) Licenses to carry handguns, issued by other states or foreign countries, will be recognized
    according to the terms thereof but only while the holders are not residents of Indiana.

    Here you go, this is the IC that allows for others to carry in indiana.
     

    eldirector

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    Can that be cited in law? I'm curious as to what that language looks like.

    IC 35-47-2-21
    Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
    Sec. 21. (a) Retail dealers' licenses issued by other states or foreign countries will not be recognized in Indiana except for sales at wholesale.
    (b) Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.
    As added by P.L.311-1983, SEC.32.
     

    arthrimus

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    Carmel
    This makes me wonder about the language of other states that recognize us. Can we OC in CC only states that recognize us?
     

    CTS

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    This makes me wonder about the language of other states that recognize us. Can we OC in CC only states that recognize us?

    I would seriously doubt it. You never know until you examine the code of course, but even if you do I would imagine you would get all kinds of hassled by the local LEO's.
     

    Titanium_Frost

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    Yes, Indiana makes no distinction between open and concealed carry. People who read too many gun rags think it means if their permit says CCW it must be concealed but "according to the terms thereof" means as long as it is valid.
     

    Beau

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    Colorado
    If I had to follow Colorado's laws while in Indiana I wouldn't need a permit to OC or transport loaded in my vehicle.

    I was always under the impression that you followed the laws of the state you were in. A fair number of LE don't know the firearms laws in their own state. How are they supposed to know the laws of another state? Also, how would they enforce a law from another state?
     

    SideArmed

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    If I had to follow Colorado's laws while in Indiana I wouldn't need a permit to OC or transport loaded in my vehicle.

    That would be true, if it didn't say specifically in the IC that Indiana recognizes other states Licence's and/or Permits. If your home state doesn't require either and doesn't offer one, you're pretty much SOL outside of that state. That is why states such as AZ, even though you don't HAVE to have a permit to carry (CC or OC), still offers a permit for reciprocity purposes.
     

    fastwally

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    Peru
    IC 35-47-2-21
    Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
    Sec. 21. (a) Retail dealers' licenses issued by other states or foreign countries will not be recognized in Indiana except for sales at wholesale.
    (b) Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.
    As added by P.L.311-1983, SEC.32.


    So, Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana, doesn't mean (terms thereof) terms of there license in there home state?
     

    griffin

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    Okemos, MI
    So, Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana, doesn't mean (terms thereof) terms of there license in there home state?

    Correct. Carriers from other states follow IN carry laws while in IN. It has nothing to to with their home state laws.
     

    ATM

    will argue for sammiches.
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    Any carry license will be recognized as an exception to Indiana's handgun carry code (for non residents, of course).

    If that license specifically prohibited you from carrying a certain way, it might be considered a "term thereof", but if it is simply the other state's laws which prohibit such method, that state's prohibition would have no standing while carrying in Indiana.

    If it was expired, that would certainly be a limiting "term thereof".
     

    Car Ramrod

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    Any carry license will be recognized as an exception to Indiana's handgun carry code (for non residents, of course).

    If that license specifically prohibited you from carrying a certain way, it might be considered a "term thereof", but if it is simply the other state's laws which prohibit such method, that state's prohibition would have no standing while carrying in Indiana.

    If it was expired, that would certainly be a limiting "term thereof".
    That is how I read it.

    If your license is for OC, you must OC. If it is for CC, you must CC. If it is ambiguous, Bob's your Uncle.

    As for laws, they don't transfer. Not being allowed to carry in a bank in your state doesn't transfer here just like being able to carry at your State Fair doesn't override our law and transfer here either.


    The question I have is the technicalities of being in a state that only allows licensed OC, and the reciprocity of a state that only allows licensed CC. Would your OC license allow CC in the travel state (since it is the only legal form of carry in said state)? I'm sure there would be no reciprocity because of this, but without actually looking up examples, I would be curious to see how/if this works. I'm guessing it would come down to the wording of the travel state's reciprocity agreement.
     
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