Carry with no LTCH in my dwelling

[RA8]

Someone please give me the low down about carrying in or around my House. Is it ok on the porch, the yard, the balcony, in plain sight, concealed? im RENTING.... its ok with the landlord, but what about the police?

 

[42769vette]

there is no law against it that im aware of but someone more smarter may over rule me

 

[oldfb]

Someone please give me the low down about carrying in or around my House. Is it ok on the porch, the yard, the balcony, in plain sight, concealed? im RENTING.... its ok with the landlord, but what about the police?

Got some scary rat problems do ya?

Either way, You should be fine as long as you don't wave it around at the neighbors. ISP have a Faq that should help you as well as the moderators here. Find a mods post and click on their FAQ and rules in their posts.

 

[Lucas156]

Can a rental contract ban you from having guns on the property? I don't think so but I do know you can legally have a firearm and carry it on your property without LTCH.

 

[00BlasterResto]

Can a rental contract ban you from having guns on the property? I don't think so but I do know you can legally have a firearm and carry it on your property without LTCH.

Thats right, my neighbors got to watch me carry while I mowed the lawn and checked the mailbox waiting for sweet freedom to show, etc.

 

[Denny347]

Your house/property and your fixed place of business.

 

[Denny347]

Someone please give me the low down about carrying in or around my House. Is it ok on the porch, the yard, the balcony, in plain sight, concealed? im RENTING.... its ok with the landlord, but what about the police?

This reminds me of a story. I took a run a few years ago, a repo man called telling me that someone pulled a gun on him while he was trying to repo their vehicle. I talked to the tow truck driver, he was down from Chicago to do this repo. He said that he went up to the front door and knocked. He was after their vehicle which was parked inside their garage. The lady answers the door and tells him to get off her property. He began to argue with her at which point she grabbed a rifle and held it at her side, telling him to leave. She NEVER pointed it. He was taken back and felt the need to call me because she had a gun. I asked him if he had a writ of repleven. He did not. I told him that he was not in Chicago and that people in Indianapolis were serious about their property. I suggested, with a smile, that he stay off her property and not return without a Judge's order. The original post touches on this same idea, you can have a handgun on you, visible, while on your property w/o a license.

 

[Frank_N_Stein]

Someone please give me the low down about carrying in or around my House. Is it ok on the porch, the yard, the balcony, in plain sight, concealed? im RENTING.... its ok with the landlord, but what about the police?

You are good carrying on any of the above places on your property. The instant you walk out onto a public sidewalk in front of your house, you need a LTCH. And make sure you know exactly where your property ends, because you aren't covered if carrying on your neighbor's property, even if you have their permission.

 

[Soundslikejosh]

Indiana Code 35-47-2

IC 35-47-2-1
Carrying a handgun without a license or by person convicted of domestic battery
Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possession.
(b) 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 in any vehicle or on or about the person's body in the person's dwelling or on the person's property or fixed place of business.



Hope that helps clear it up. To answer your original question, yes it is ok. Furthermore, while I am not able to provide the proper citation, I understand that the landlord doesn't have a say in the matter anyway. It's nice that he's ok with it, but if you are renting it, his vote doesn't matter.

 

[Mgderf]

I could be wrong, but I believe a landlord is legally able to ban weapons on "his" property. This would have to be spelled out in writing, and agreed to by you. Example; "No deadly weapons on premises", and you signed the lease.

 

[Soundslikejosh]

Mgderf,

I believe this argument has been settled elsewhere but I couldn't find the thread when I searched. Fortunately it doesn't seem to apply in this case.

 

[barrelmaker_2002]

Also, depends on if you are renting a house or an apartment. In a rental house, it would include the yard and driveway.

In an apartment, it includes the interior of the apartment and the porch or balcony attached to the apartment. Once you step past the front door of your unit or off your porch, you need a LTCH.. That includes the common area of a multi-unit bldg - past the door, you need a permit.

And don't step off your balcony, even if you do have your LTCH. Falling down hurts very much badly.

 

[Lucas156]

Hmm I wonder if there is case law regarding banning weapons on rental property.

 

[barrelmaker_2002]

Hmm I wonder if there is case law regarding banning weapons on rental property.

If there is, I suspect it would be pretty simple. In the case of private property, the property owner can decide if you can posses a gun or not.

Regardless, if you sign the lease and it say no guns, then you are obligated to conform to the lease.

And yes, you should read the lease. And if there is a provision in there you do not like and you ask about it, do not accept a verbal response that it is OK to violate that provision. Get it in writing or it does not count.

 

[bigus_D]

I would be careful about pushing the "on the property" portion of this. Certainly INSIDE the dwelling will be no problem... but on the lawn, you are on the edge IMHO. I see the code cited above... but still shakey ground IMHO. (for what its worth... not much probably).

I suggest reading "Indiana Handgun Law" [ame=http://www.amazon.com/Indiana-Handgun-Law-Bryan-Ciyou/dp/0978627695]Amazon.com: Indiana Handgun Law: Bryan Lee Ciyou: Books[/ame]

This book touches on exactly this subject.

p.s. go get an LTCH ASAP.

 

[Soundslikejosh]

If the landlord gives him permission, then he doesn't need to worry if its his door threshold or the edge of the building or halfway to the dumpster. In this case, he is give permission by the property owner to carry on private property. The man has no say in this case

 

[barrelmaker_2002]

If the landlord gives him permission, then he doesn't need to worry if its his door threshold or the edge of the building or halfway to the dumpster. In this case, he is give permission by the property owner to carry on private property. The man has no say in this case

Actually, the law might be ambiguous on this subject. The statute clearly states that carrying w/o a permit is only allowed in your dwelling, your property and your fixed place of business.

The law says nothing about carrying on someone else's property with permission of the owner. Further, the owner on an apartment building could not give you permission to carry in someone else's apartment, even if you have permission to carry on the property in general.

I think most people (and this includes a bunch of cops and prosecutors for that matter) really do not appreciate just how stringent IN handgun law is. Best advice is simple, get a LTCH if you plan to own a handgun in IN.

 

[INGunGuy]

I would be careful about pushing the "on the property" portion of this. Certainly INSIDE the dwelling will be no problem... but on the lawn, you are on the edge IMHO. I see the code cited above... but still shakey ground IMHO. (for what its worth... not much probably).

I suggest reading "Indiana Handgun Law" Amazon.com: Indiana Handgun Law: Bryan Lee Ciyou: Books

This book touches on exactly this subject.

p.s. go get an LTCH ASAP.

Nope, there is NOTHING to be concerned about. The law in Indiana is pretty specific,

IC 35-47-2-1
Carrying a handgun without a license or by person convicted of domestic battery
Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possession.

So the law allows you to be on your own property in your house, barn, wherever as long as it is your property.

INGunGuy

 

[AndersonIN]

Had a LEO stop by my house (in the city limits) and ring the doorbell asking questions about some kids on the block getting into trouble. I had my Glock 23 open carry as usual and stepped out the door to talk with him. He immediately noticed of course but didn't say a word and we had an excellent conversation. Then he went on his way without the first question about it.

 

[Joe Williams]

Hmm I wonder if there is case law regarding banning weapons on rental property.

There is. A private landlord may indeed write into their contract no gun clauses. It is their property, and it is a private contract. Government owned apartments/housing authorities may not do so.