IC 35-47-2-2 Note 6 Debate (Excepted Persons - Military Personnel)

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  • Yup!

    Master
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    How do you interpret the following:

    IC 35-47-2-2 Says that Section 1 of IC 34-47-2-1 does not apply to the following excepted persons - Specifically Note 6.

    It's my understanding that Members of the Armed Forces while on Duty, do not need to possess a LTCH and are able to legally carry into normally considered GFZs.

    How do you read it?
    What constitutes "on duty"?



    IC 35-47-2-1 Version b
    Carrying a handgun without being licensed; exceptions; person convicted of domestic battery
    Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.

    Sec. 1. (a) Except as provided in subsections (b) and (c) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body without being licensed under this chapter to carry a handgun.

    Indiana Code 35-47-2

    IC 35-47-2-2Excepted persons
    Sec. 2. Section 1 of this chapter does not apply to:

    [STRIKE](1) marshals;

    (2) sheriffs;

    (3) the commissioner of the department of correction or persons authorized by the commissioner in writing to carry firearms;

    (4) judicial officers;

    (5) law enforcement officers;
 [/STRIKE]
    (6) members of the armed forces of the United States or of the national guard or organized reserves while they are on duty;

    [STRIKE](7) regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state who are at or are going to or from their place of assembly or target practice;

    (8) employees of the United States duly authorized to carry handguns;

    (9) employees of express companies when engaged in company business; or

    (10) any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in the person's possession, using, or carrying a handgun in the usual or ordinary course of that business.[/STRIKE]
     

    warthog

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    well I would say that the military can be armed on base as well as an MP doind his/her job off base would be fine with a weapon. Otherwise I don't know where the Posse Comitatus Act kicks in with armed military on US grounds... the Nat Guard may be one way they can be armed for instance.
     

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    Master
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    It doesn't mention anywhere in the IC that it only applies to a specific MOS or "job" i.e. Military Police - it simply says "members of the armed forces.... while they are on duty"
     

    dansgotguns

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    Well as a us citizen indiana resident and army reservist, the way I interpret it is when on duty its ok to carr (if allowed by the army of course), but how indiana sees on duty and the fed gov might be different. Army reserves considers me on duty from the tjme I reach my duty station (for a typical drill weekend) until I reach my residence when its over, so basically im on duty for the drive home. But IANAL
     

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    Master
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    Well as a us citizen indiana resident and army reservist, the way I interpret it is when on duty its ok to carr (if allowed by the army of course), but how indiana sees on duty and the fed gov might be different. Army reserves considers me on duty from the tjme I reach my duty station (for a typical drill weekend) until I reach my residence when its over, so basically im on duty for the drive home. But IANAL

    So on your way home, can you stop at a school, go inside and pick up your child, and proceed home while armed?
     

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    Master
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    Well idk about all that, they definitely didn't intend for it to be that way and I doubt any court would see it that way either.

    Can a Law enforcement officer stop at his child's school on the way home from his shift and go inside while armed? Is this the IC that grants him that permission?
     

    dansgotguns

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    Can a Law enforcement officer stop at his child's school on the way home from his shift and go inside while armed? Is this the IC that grants him that permission?

    I see what you did there...lol

    and I mean technically yea, but I guess it depends on what indiana considers "duty"
     

    Kurr

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    IC 35-47-2-1 Version b
    Carrying a handgun without being licensed; exceptions; person convicted of domestic battery
    Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.

    Sec. 1. (a) Except as provided in subsections (b) and (c) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body without being licensed under this chapter to carry a handgun.

    Indiana Code 35-47-2

    IC 35-47-2-2Excepted persons
    Sec. 2. Section 1 of this chapter does not apply to:


    (6) members of the armed forces of the United States or of the national guard or organized reserves while they are on duty;


    armed forces - noun plural
    : the military organizations (such as the army, navy, and air force) of a country (Such as not exclusively)

    mil·i·tary adjective \ˈmi-lə-ˌter-ē\
    a : of or relating to soldiers, arms, or war
    b : of or relating to armed forces; especially

    Indiana Constitution:

    ARTICLE 12. Militia

    Section 1. Composition

    Section 1. A militia shall be provided and shall consist of all persons over the age of seventeen (17) years, except those persons who may be exempted by the laws of the United States or of this state. The militia may be divided into active and inactive classes and consist of such military organizations as may be provided by law.

    Section 2. Commander-in-chief

    Section 2. The Governor is Commander-in-Chief of the militia and other military forces of this state.

    The Indiana Constitution says that I am in the State Militia under the governor and Adjunct General he appoints. By definition this is a part of the armed forces in general language, and in Legal Language, it is not only enumerated in the Indiana Constitution but also in the Militia Act of 1903 which is Federal recognition.

    Since I can find nothing telling me I am off duty or when that would be, I am ALWAYS on duty.

    Therefore it is MY interpretation (which is what you asked for) that this section should apply to ME and YOU and EVERYONE not conscientiously opposed to bearing arms, exempting us from the "license".

    :rockwoot: :ingo: Just my opinion. :ingo: :rockwoot:
     

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    Master
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    The national guard has a reserve component called the Indiana Guard Reserve (IGR). They are a reserve component of the National Guard - not to be confused with the Army Reserve. The IGR is a non paid position and best I know membership is open to ALMOST EVERYONE. So could one join the IGR and be protected by this IC?

    IGR: Home
     

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    Master
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    armed forces - noun plural
    : the military organizations (such as the army, navy, and air force) of a country (Such as not exclusively)

    mil·i·tary adjective \ˈmi-lə-ˌter-ē\
    a : of or relating to soldiers, arms, or war
    b : of or relating to armed forces; especially

    Indiana Constitution:

    ARTICLE 12. Militia

    Section 1. Composition

    Section 1. A militia shall be provided and shall consist of all persons over the age of seventeen (17) years, except those persons who may be exempted by the laws of the United States or of this state. The militia may be divided into active and inactive classes and consist of such military organizations as may be provided by law.

    Section 2. Commander-in-chief

    Section 2. The Governor is Commander-in-Chief of the militia and other military forces of this state.

    The Indiana Constitution says that I am in the State Militia under the governor and Adjunct General he appoints. By definition this is a part of the armed forces in general language, and in Legal Language, it is not only enumerated in the Indiana Constitution but also in the Militia Act of 1903 which is Federal recognition.

    Since I can find nothing telling me I am off duty or when that would be, I am ALWAYS on duty.

    Therefore it is MY interpretation (which is what you asked for) that this section should apply to ME and YOU and EVERYONE not conscientiously opposed to bearing arms, exempting us from the "license".

    :rockwoot: :ingo: Just my opinion. :ingo: :rockwoot:


    In the Indiana Military Code, IC 10-16-6-2 explains that two groups of forces comprise the state militia: (1) the militia consists of all persons who may bear arms under the Constitution of the State of Indiana, but who are not members of the National Guard; and (2) the Indiana National Guard itself. Because the National Guard is part of the Armed Forces of the United States, it can be called into federal service by the President of the United States. When this occurs, the Governor has less resources available for state defense missions.
     

    Yup!

    Master
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    You would probably have formalized "duty times" and regulations prohibiting the carry of non issue weapons.

    Don't probably me.. where's the source?

    What constitutes "carrying a non issue weapon" - is having it in the vehicle to and from work, considered carrying a non issue weapon?
     

    Hop

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    The national guard has a reserve component called the Indiana Guard Reserve (IGR). They are a reserve component of the National Guard - not to be confused with the Army Reserve. The IGR is a non paid position and best I know membership is open to ALMOST EVERYONE. So could one join the IGR and be protected by this IC?

    IGR: Home

    Interesting. Do you know anyone in IGR?
     

    Booya

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    I'd imagine (no sources here, just trying to use some common sense) it pertains to "on duty" (as far as any reserves would be concerned) when you're actually being paid to be on duty. Operating in the official capacity of the military. On a convoy, stopping for gas/chow at any gas station, restaurant while armed you'd be fine carrying a duty/TO/issue weapon. Drill over, changed into civvies, or still in uniform, carrying your personal piece (non-issue), picking up your kid at school (not official military business or in an official military capacity), you're not good.

    ive seen this topic kicked around several times. No one I know would test this theory.
     
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