To carry without the LTCH

[versuchstier147]

A co-worker is purchasing a pistol. I warned them to be careful, not having their LTCH. They said they could transport it so long as it was unloaded, or stored in a locked compartmet blah blah. I told him he was completly wrong and sent him IC 35-47-2-1 and IC 35-47-2-2 to which he pointed out IC 35-47-2-2 (11) Which states...

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.

More specifically, "in moving from one dwelling or business to another."

This does seem kind of vague.. Anyone want to chime in with their two cents?

 

[Scutter01]

It's not vague. He's misinterpreting the statute and case law proves that fairly frequently. He's wrong and he's going to pay the price sooner or later. The "moving" section is referring to physically relocating your home or business to a new building. In other words, you can pack up all your stuff in a moving van and go live somewhere else without needing a license to transport your handgun.

 

[AFA1CY]

This has been discussed many times.

In summary you can transport a handgun without a license:

* From a place of purchase to your home or fixed place of business
* From your home or fixed place of business to a place of repair and back
* From your home to another of your home
* From your fixed place of business to another of your fixed place of business

That is all, peroid.

Contrary to popular belief and gunstore lawyers you can not transport a handgun without a license:

To a shooting range
To a friends house
Or anywhere except for what is in the IC

End of story

 

[Scutter01]

By the way, here's an INGO member who found that out the hard way:

https://www.indianagunowners.com/fo..._self_defense/25254-asking_for_your_help.html

 

[versuchstier147]

Why does it always state FIXED except the last part? And it says one dwelling, not YOUR dwelling. And a Dwelling defined is any " building, structure, or other enclosed space, permanent or temporary, movable or fixed, that is a person's home or place of lodging." Lodging defined is "a temporary place to stay"

 

[rhart]

Looks pretty clear to me. WHy do people always have to ad those "ya buts" to clearly written law? Ya but my cousin said that if he was wearin a holster and it was blah blah blah

 

[Joe Williams]

It is very possible to carry a gun without a license. If you regard the license as an un-Constitutional requirement so onerous that you refuse to comply, simply sling your shotgun or rifle and head out on the town. Or become a test case. While I personally think the requirement for a LTCH is, in fact, un-Constitutional, I do not think it's beatable in court, but good luck to you! It may be possible to sue and win on the basis that the state isn't obeying it's own laws re: the time lines to meet it's shall issue requirements, and perhaps possible to win a case challenging the poll tax requirements currently imposed, but I don't think a court will completely strike down the ability of the state to require the LTCH.

 

[samot]

Looks pretty clear to me. WHy do people always have to ad those "ya buts" to clearly written law? Ya but my cousin said that if he was wearin a holster and it was blah blah blah

i would say because "they " dont understand it
IMHO, i would use the " From your home or fixed place of business to a place of repair and back"
Whos to say i wasnt taking my handgun to a smith ???? Or driving around looking for a gunsmith to take my handgun to....

 

[Indy_Guy_77]

Let him do as he wishes. You've shown him the IC. Some minds won't be changed because those folks are "unteachable".

Maybe he'll be at a state park range and get dinged when a CO comes along and wants to check for LTCH.

-J-

 

[versuchstier147]

Scutter01 - Thank you, I have forwarded your link to my friend.

 

[SSGSAD]

Why does it always state FIXED except the last part? And it says one dwelling, not YOUR dwelling. And a Dwelling defined is any " building, structure, or other enclosed space, permanent or temporary, movable or fixed, that is a person's home or place of lodging." Lodging defined is "a temporary place to stay"

The way I understand it is, it prevents contractors, or o/o from having a gun in a vehicle, used for business, w/o a LTCH .....

 

[88GT]

A co-worker is purchasing a pistol. I warned them to be careful, not having their LTCH. They said they could transport it so long as it was unloaded, or stored in a locked compartmet blah blah. I told him he was completly wrong and sent him IC 35-47-2-1 and IC 35-47-2-2 to which he pointed out IC 35-47-2-2 (11) Which states...

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.

More specifically, "in moving from one dwelling or business to another."

This does seem kind of vague.. Anyone want to chime in with their two cents?

Technically, he's not incorrect. If by transport he means only to home from the place of purchase. Way too much assumption on your part (or failure to convey the full story to us) to know that he plans on carrying it outside of the home after it's purchased and taken home. If his only intent to to take it home, he's fine. Now, if he indicated that he planned on transporting it to other places after that, he'd be incorrect. But you didn't specify in your post that that was the case.

 

[INGunGuy]

Let him do as he wishes. You've shown him the IC. Some minds won't be changed because those folks are "unteachable".

Maybe he'll be at a state park range and get dinged when a CO comes along and wants to check for LTCH.

-J-

Ok, I am not debating if one should carry a LTCH, yes they should, but why mention a CO? A LEO, yea but a corrections officer has no more authority to demand a LTCH from me than my grandmother...

INGunGuy

 

[cosermann]

He's probably referring to a Conservation Officer.

 

[INGunGuy]

Ok, I am not debating if one should carry a LTCH, yes they should, but why mention a CO? A LEO, yea but a corrections officer has no more authority to demand a LTCH from me than my grandmother...

INGunGuy

Actually I guess you meant a Conservation Officer... DUH on my part...

INGunGuy

 

[Protest]

This has been discussed many times.

In summary you can transport a handgun without a license:

* From a place of purchase to your home or fixed place of business
* From your home or fixed place of business to a place of repair and back
* From your home to another of your home
* From your fixed place of business to another of your fixed place of business

That is all, peroid.

And, I will add that during the transportation from/to those places, you are not even allowed to stop at the Starbucks drive through on the way.

 

[kludge]

Why does it always state FIXED except the last part? And it says one dwelling, not YOUR dwelling. And a Dwelling defined is any " building, structure, or other enclosed space, permanent or temporary, movable or fixed, that is a person's home or place of lodging." Lodging defined is "a temporary place to stay"

Your mobile dog grooming service in your RV, is not a FIXED place of business, as an example.

As for the dwelling, case law will help you out. A man was arrested for no LTCH. He was staying in a hotel room, with other friends. He could not prove that he paid for the room, therefore it was not HIS dwelling. Indiana Supreme Court upheld his conviction.

Brian Ciyou (lawyer, wrote the book) says that even if you live in your RV you must have a LTCH, because it being a motor vehicle requires that you have the LTCH, per the statute.

 

[Lex Concord]

Okay...

What about home to fixed place of business and back?

Based on the IC, even though you are okay without LTCH in your home, and you are okay without LTCH in your fixed place of business, you may not, legally, even in a locked box in your trunk, transport from your home to your fixed place of business and/or back.

While I understand "get the license", this seems a bit ridiculous.

Of course, we should probably just start working our reps and senators to go the way of Vermont, Alaska, and Arizona in the interest of eliminating all confusion.

For those not familiar with the state references above, in a nutshell "Not a felon? Not a nut or druggie? Great, go ahead and carry, no special permission from the state required."

 

[Indy_Guy_77]

home, back and forth to a fixed place of business is still a no-no.

Essentially, "too much transportation".

You get the trip from the place of purchase to either A) home OR B) fixed place of business.

Once at either location, save for a relocation of home or business, it's gotta stay there. (unless going to a gunsmith for work or to a common carrier to ship it for said repair)

-J-

 

[DRob]

Your opinion does not trump law.

It is disheartening to see opinions expressed by people who seem to think they do not have to obey a law with which they disagree. Intentionally breaking the law doesn't make you a "test case". It makes you a criminal!