Age for transporting a firearm

[andrew]

I did search for this, but didn't find anything helpful..

I know a LTCH is not needed to transport a firearm if its is in the trunk. I live in Indiana. Is there an age requirement for transporting a firearm in a car? I would have it in the trunk. Does it differ if its a hand gun/long gun?

 

[Mosinguy]

You have to be 18 to transport any firearm.

 

[kludge]

Indiana Code 35-47-10

IC 35-47-10
Chapter 10. Children and Firearms


IC 35-47-10-1
Exemptions from chapter
Sec. 1. This chapter does not apply to the following:
(1) A child who is attending a hunters safety course or a firearms safety course or an adult who is supervising the child during the course.
(2) A child engaging in practice in using a firearm for target shooting at an established range or in an area where the discharge of a firearm is not prohibited or supervised by:
(A) a qualified firearms instructor; or
(B) an adult who is supervising the child while the child is at the range.
(3) A child engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under Section 501(c)(3) of the Internal Revenue Code that uses firearms as a part of a performance or an adult who is involved in the competition or performance.
(4) A child who is hunting or trapping under a valid license issued to the child under IC 14-22.
(5) A child who is traveling with an unloaded firearm to or from an activity described in this section.
(6) A child who:
(A) is on real property that is under the control of the child's parent, an adult family member of the child, or the child's legal guardian; and
(B) has permission from the child's parent or legal guardian to possess a firearm.
(7) A child who:
(A) is at the child's residence; and
(B) has the permission of the child's parent, an adult family member of the child, or the child's legal guardian to possess a firearm.

IC 35-47-10-3
"Child" defined
Sec. 3. As used in this chapter, "child" means a person who is less than eighteen (18) years of age.

IC 35-47-10-4
"Loaded" defined
Sec. 4. As used in this chapter, "loaded" means having any of the following:
(1) A cartridge in the chamber or cylinder of a firearm.
(2) Ammunition in close proximity to a firearm so that a person can readily place the ammunition in the firearm.

IC 35-47-10-5
Dangerous possession of a firearm
Sec. 5. A child who knowingly, intentionally, or recklessly:
(1) possesses a firearm for any purpose other than a purpose described in section 1 of this chapter; or
(2) provides a firearm to another child with or without remuneration for any purpose other than a purpose described in section 1 of this chapter;
commits dangerous possession of a firearm, a Class A misdemeanor. However, the offense is a Class C felony if the child has a prior conviction under this section.

IC 35-47-10-6
Dangerous control of a firearm
Sec. 6. An adult who knowingly, intentionally, or recklessly provides a firearm to a child for any purpose other than those described in section 1 of this chapter, with or without remuneration, commits dangerous control of a firearm, a Class C felony. However, the offense is a Class B felony if the adult has a prior conviction under this section.

My advice. Lock the gun in a case. Lock the ammo in another case to satisfy IC 35-47-10-4. Go to the range. Shoot. Go back home. Do not get gas, go to McDonalds, or stop by a friends house. Maybe you can get gas.

It doesn't mention vehicles anywhere. I would assume that "traveling" could include any conveyance, including a horse or going by foot.

As far as I can tell it's the same whether it's a long gun or a handgun, as it doesn't mention handgun or longgun anywhere in Chapter 10, it just says "firearm"... also see the section that follows.

IANAL, YMMV, etc.

IC 35-47-2.5-14
Providing handgun to ineligible purchaser; exemptions
Sec. 14. (a) This section does not apply to a person who provides a handgun to the following:
(1) A child who is attending a hunters safety course or a firearms safety course or an adult who is supervising the child during the course.
(2) A child engaging in practice in using a firearm for target shooting at an established range or in an area where the discharge of a firearm is not prohibited or is supervised by:
(A) a qualified firearms instructor; or
(B) an adult who is supervising the child while the child is at the range.
(3) A child engaging in an organized competition involving the
use of a firearm or participating in or practicing for a performance by an organized group under Section 501(c)(3) of the Internal Revenue Code that uses firearms as a part of a performance or an adult who is involved in the competition or performance.
(4) A child who is hunting or trapping under a valid license issued to the child under IC 14-22.
(5) A child who is traveling with an unloaded firearm to or from an activity described in this section.
(6) A child who:
(A) is on real property that is under the control of the child's parent, an adult family member of the child, or the child's legal guardian; and
(B) has permission from the child's parent or legal guardian to possess a firearm.
(b) A person who purchases a handgun with the intent to:
(1) resell or otherwise provide the handgun to another person who the person knows or has reason to believe is ineligible for any reason to purchase or otherwise receive from a dealer a handgun; or
(2) transport the handgun out of the state to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm;
commits a Class D felony.
(c) If the violation of this section involves a transfer of more than one (1) handgun, the offense is a Class C felony.

 

[kludge]

Also, Chapter 2 doesn't mention any age restrictions on legally transporting handguns to the range that are "unloaded, not readily accessible, and secured in a case", it just says "a person" which can be any age.

As long as you follow the special definition for "loaded" in Chapter 10 as it applies to children (a person less that 18yo), you're good to go.

IANAL.

IC 35-47-2-1
Carrying a handgun without a license or by a person convicted of domestic battery; exceptions
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.
(b) Except as provided in subsection (c), 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) the person 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
(5) the person carries the handgun: <a name="IC35-47-2-1"> (A) at a shooting range (as defined in IC 14-22-31.5-3);
(B) while attending a firearms instructional course; or
(C) while engaged in a legal hunting activity.
(c) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun.
(d) This section may be not construed:
(1) to prohibit a person who owns, leases, rents, or otherwise legally controls private property from regulating or prohibiting the possession of firearms on the private property;
(2) to allow a person to adopt or enforce an ordinance, resolution, policy, or rule that:
(A) prohibits; or
(B) has the effect of prohibiting;
an employee of the person from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle, unless the person's adoption or enforcement of the ordinance, resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
(3) to allow a person to adopt or enforce a law, statute, ordinance, resolution, policy, or rule that allows a person to possess or transport a firearm or ammunition if the person is prohibited from possessing or transporting the firearm or ammunition by state or federal law.

 

[handgun]

18... Unless with an adult of authority over you.

 

[netsecurity]

I assume these laws above only apply to handguns. In a previous thread it was stated that a person over 18 could walk ("travel") down the street with a fully loaded AK rifle on their back, so long as it din't point at anyone. So he doesn't even need to lockup a long gun in the trunk, and seperate the ammo at all, right?

 

[CountryBoy19]

I assume these laws above only apply to handguns. In a previous thread it was stated that a person over 18 could walk ("travel") down the street with a fully loaded AK rifle on their back, so long as it din't point at anyone. So he doesn't even need to lockup a long gun in the trunk, and seperate the ammo at all, right?

These laws pertain to children (child as defined above) transporting firearms. This topic is completely irrelevant to an adult carrying any type of firearm.

Just a little anecdote. I participated in 4H shooting sports from a young age. When I got my driver's license I was very active in the shotgun program (trap & sporting clays). I drove myself to the shoots weekly to participate. Gun in trunk of car, no ammo (ammo was provided at the shoot). I also participate in a night-time trap league with my younger brother (14 at the time). I transported him and his gun to the shoots as well. No problems, and AFAIK completely legal.

If you can't understand the legal mumbo jumbo above, these 3 requirements will pretty much cover you. #1 Do the "childs" guardian know and give permission to do so, #2 is the firearm locked in an inaccessible place, #3 will there be adult supervision at the destination? If you answered yes, then that should keep you out of trouble 99% of the time.

 

[eatsnopaste]

Yeah, and we used to hold on to them as we rode bikes (bicycles) through town and no one said anything except maybe "don't drop it"

 

[686 Shooter]

I can remember a time when we didn't have to ask questions like this. When I was 12, my brother bought me a Marlin model 60, me and a my buddy rode our bicycles down to K-mart and bought a couple of boxes of ammo and the rode out to the country and shot tin cans. I also can remember when K-mart used to sell handguns. When I was 18 I bought my first new handgun (from a gunshop), a 22 derringer, I gave the guy a twenty dollar bill and he handed the gun to me, no paper work, no questions, I still have the gun.

 

[ol' poke]

So is my 17 y.o. , by herself, going to and from 4-H shooting sports with her .22 rifle on the back seat of her truck legal or not?

She'll be po'd if Daddy has to still drive her somewhere...

 

[hammer24]

I remember getting pulled over for a tail light when I was seventeen. I had my .22 rifle in the back seat of my '81 cutlass in a soft case, unloaded. The officer simply asked why I had the rifle to which I replied that I was going hunting (meets exemption 4.) Then the officer asked if it was loaded to which I told him it wasn't. Wrote me up for the tail light and gave me 3 days to fix it.

So, I met exemption 4 for legal hunting and exemption 5 for traveling to the activity.
4-H would be covered under 2(B) and 5. Traveling to or from target shooting or lessons at a legal place to shoot under the supervision of an adult, but like it was stated above you should probably stress to her not to make extra stops.