Clarification please about OC?

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  • Scout103

    Marksman
    Rating - 100%
    17   0   0
    Jan 29, 2012
    154
    16
    Hello all,

    I have read a lot about OC'ing and now know that it is 100% legal to do in Indiana. Due to the fact there are no laws referring to it.

    Am I correct on this issue?

    Also to clarify:
    I can carry into a bank? OC/CC both?
    I've heard of people on here who CC on campuses??


    If I carry around town then go to a class at college, is it legal to leave my firearm locked in a safe in my car while in class?

    Also what is the best way to handle an LEO when he persists that OC'ing is illegal? Have him get the chief on the line??


    Thanks for the help, I'm new and don't want to break any laws. If this needs to be posted somewhere else please let me know.
     

    mrjarrell

    Shooter
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    0   0   0
    Jun 18, 2009
    19,986
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    Hamilton County
    In Indiana you can CC or OC, as long as you have a LTCH. No pink slip, no carry of any sort. You can transport to a range without one, but carry on your person is a no no.
     

    Bunnykid68

    Grandmaster
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    22   0   0
    Mar 2, 2010
    23,515
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    Cave of Caerbannog
    You can carry to class so long as you do not get caught. No laws against it.

    Mrjarrel, can you not carry to a range because of law or just policy?

    I used to always carry to the range and shoot the gun I was carrying.
     

    RHorn

    Plinker
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    3   0   0
    Dec 13, 2009
    101
    18
    Noblesville
    I'm sure someone will give the exact specifics but I think you can carry anywhere except a building with a courtroom and a school (K-12, preschool). I always carried on campus when I was in school.
     

    mrjarrell

    Shooter
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    0   0   0
    Jun 18, 2009
    19,986
    63
    Hamilton County
    You can carry to class so long as you do not get caught. No laws against it.

    Mrjarrel, can you not carry to a range because of law or just policy?

    I used to always carry to the range and shoot the gun I was carrying.
    As long as you have a LTCH (License To Carry Handgun) you can OC or CC in anyplace that isn't forbidden by law. Until the last legislative session you couldn't legally carry to a range or class without a LTCH. That changed with the passage of the new law concerning carry. If you carried to the range before the law came into affect then you were in violation of the law, if you didn't have a LTCH.
     

    Bunnykid68

    Grandmaster
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    22   0   0
    Mar 2, 2010
    23,515
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    Cave of Caerbannog
    As long as you have a LTCH (License To Carry Handgun) you can OC or CC in anyplace that isn't forbidden by law. Until the last legislative session you couldn't legally carry to a range or class without a LTCH. That changed with the passage of the new law concerning carry. If you carried to the range before the law came into affect then you were in violation of the law, if you didn't have a LTCH.
    Sorry, misread your first post.
     

    jsharmon7

    Grandmaster
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    119   0   0
    Nov 24, 2008
    7,829
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    Freedonia
    Also what is the best way to handle an LEO when he persists that OC'ing is illegal? Have him get the chief on the line??

    I would be polite but ask him which statute he would charge you under if he believes it is illegal. Put the burden on him/her to prove they are right. Ask yourself this: how would you deal with an officer who insisted that wearing a blue shirt was illegal?
     

    LP1

    Master
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    3   0   0
    Sep 8, 2010
    1,825
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    Friday Town
    Most banks have a "no weapons" policy. Not illegal, but I abide by "concealed means concealed".

    My bank's policy is "no hats, no sunglasses, no hoods, no guns". On a sunny winter day, I'm 4 for 4 on that one.
     

    dusterboy49

    Sharpshooter
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    0   0   0
    Mar 29, 2010
    353
    18
    Fremont
    Or tell him to ticket or arrest you if you are in violation of the law. If he does, call a lawyer, even a bad one.

    I would not antagonize an officer to ticket me or arrest me.
    The law is on your side in this matter.
    The officer(s) may have a long memory about someone being a wise***with them.:twocents:
     

    ryknoll3

    Master
    Rating - 75%
    3   1   0
    Sep 7, 2009
    2,719
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    For a more "honey than vinegar" approach =), you can download the Indiana State Police's FAQ on firearms. This is better if you have a smartphone where you can save the PDF. There's a question in there as to whether Indiana requires open or concealed, and the answer is that Indiana law is silent on the matter. Don't know how much good it would do, but this is probably the ONLY "official" thing you could show that would prove your case.
     

    Hoosierdood

    Grandmaster
    Rating - 100%
    8   0   0
    Nov 2, 2010
    5,429
    149
    North of you
    Hello all,

    I have read a lot about OC'ing and now know that it is 100% legal to do in Indiana. Due to the fact there are no laws referring to it.

    Am I correct on this issue? YES

    Also to clarify:
    I can carry into a bank? OC/CC both? BOTH ARE FINE
    I've heard of people on here who CC on campuses?? THIS TOO IS PERFECTLY LEGAL. Colleges fall under the same category as private businesses. They can make any "rule" that they want, but those rules or policies do not carry the weight of law. Your college can make a policy that you can't wear your pants below your butt, but you won't be arrested if you do. (I am currently trying to get the law changed so that it is an arrestable offence.)


    If I carry around town then go to a class at college, is it legal to leave my firearm locked in a safe in my car while in class? You can leave your firearm in your vehicle, whether it is in a safe or not. The glove box or center console are OK to store your gun. You can even OC on your college campus, although you will most likely face some sort of disciplinary action from the college. (expulsion, etc.) Again, it is not illegal, it is simply against their policy.

    Also what is the best way to handle an LEO when he persists that OC'ing is illegal? Have him get the chief on the line?? The most important thing that you can do is KNOW THE LAW YOURSELF. This will take a lot of research, and memorizing. Stick around INGO as there is a wealth of knowledge here. Understand that many LEO's do not know every law regarding firearms. Know the law so that you can cite the correct IC or at the very least direct him to look it up for himself. If he persists, you can request a supervisor. I would suggest if the harassment continues you simply ask "Are you detaining me, or am I free to go?" If he is detaining you, he MUST have a reason to do so.


    Thanks for the help, I'm new and don't want to break any laws. If this needs to be posted somewhere else please let me know.


    Hope that answered your questions.
     

    GuyRelford

    Master
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    2   0   0
    Aug 30, 2009
    2,542
    63
    Zionsville
    So I can carry on my person a loaded gun, only if I'm going to the range?

    Here you go:

    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) 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.

    Guy
     

    NapalmFTW

    British dude
    Rating - 100%
    1   0   0
    Aug 30, 2011
    1,699
    38
    Lowell
    Ok so I'd have to transport it locked and unloaded to the range but once there I'm fine... Unless I read the statute wrong.
     
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