Concealed carry without license in Indiana

[littletommy]

I haven't slipped in any blood recently....anybody else notice that?

I have not noticed that, still puddles of blood everywhere around here.

 

[Kirk Freeman]

For those that asked:

"IC 35-47-2-19
Application of chapter
Sec. 19. This chapter does not apply to any firearm not designed to use fixed cartridges or fixed ammunition, or any firearm made before January 1, 1899."

 

[mrortega]

Can't argue with this logic. But what the OP has experienced is most likely the product of our own media. Everybody knows that on July 1st the laws changed and now it is OK for criminals to walk around with concealed weapons in their cars and on their persons. Before July 1st they would have never dreamed of doing anything like this. Difference is that now good civic minded people can enjoy a day at the range without the need to pay the state $125.

Further, criminals can only fire their pistols holding them at head height flat to the ground while their pants are down around their knees.

 

[GuyRelford]

Actually, it is FEDERAL law that recognizes BP to NOT be considered a firearm while MOST states DO consider BP to be firearms. I ran into this potential "loophole" several years back when researching options for defense in my 18 wheeler and quickly realized that the states had closed the hole long ago.

Actually,

"IC 35-47-2-19
Application of chapter
Sec. 19. This chapter does not apply to any firearm not designed to use fixed cartridges or fixed ammunition, or any firearm made before January 1, 1899."

 

[long coat]

Thank you Kirk & Guy.

 

[ThrottleJockey]

Thanx for clearing that up, I didn't mean that IN considered BP a firearm, just that it varies from state to state regardless of what the feds say. I think the reason many states consider BP as still being firearms is to prevent felons from possessing them.

 

[Kirk Freeman]

I think the reason many states consider BP as still being firearms is to prevent felons from possessing them.

No, it's just the control bug that government has. You know the batting order of governmental priorities: lemonade, butter, guns.

In Indiana, serious violent felons cannot possess blackpowder firearms.

 

[Bill of Rights]

Actually,

"(c) A person who violates section 1 of this chapter [carrying a handgun without a license] commits a Class A misdemeanor. However, the offense is a Class C felony:
(1) if the offense is committed:
(A) on or in school property;
(B) within one thousand (1,000) feet of school property; or
(C) on a school bus; or
(2) if the person:
(A) has a prior conviction of any offense under:
(i) this subsection; or
(ii) subsection (d); or
(B) has been convicted of a felony within fifteen (15) years before the date of the offense."

IC 35-47-2-23

I stand corrected. Rep inbound, sir, with my thanks.

Blessings,
Bill

 

[darthfader]

this has been a very informative thread....

 

[beararms1776]

this has been a very informative thread....

These are always the best threads going imo. Interesting and can save your arse.

 

[Greatestsin]

The information was well received, for those interested in knowing.

 

[85t5mcss]

The information was well received, for those interested in knowing.

That is a very good thing. He's open minded and will learn. Going to the range together will be more fun when someone is open minded and willing to learn.

 

[finity]

In Indiana, serious violent felons cannot possess blackpowder firearms.

Just to clarify:

There should have been emphasis on the "serious violent" part of Kirks post. Regular felons aren't under any such restrictions. They can still have & carry BP weapons.

 

[GuyRelford]

Just to clarify:

There should have been emphasis on the "serious violent" part of Kirks post. Regular felons aren't under any such restrictions. They can still have & carry BP weapons.

Actually, "regular felons" (I like that term) can possess modern and fixed cartridge firearms as well. They just can't get an LTCH, which prevents them from carrying a "handgun" anywhere that a LTCH is required. (And it should be noted that carrying a handgun without a license is ordinarily a Class A misdemeanor, but is a Class C felony if the person has a felony within the last 15 years.)

But since pre-1899 and black powder firearms are excepted from the term "handgun" in the "regulation of handguns" chapter of the Indiana Code, that creates a loophole - specific to handguns.

But as Kirk correctly pointed out, "serious violent felons" cannot possess any form of "firearm," and the term "firearm" is much broader than the term "handgun," with no exception for pre-1899 and black powder guns.

Guy

 

[jgreiner]

The information was well received, for those interested in knowing.

Now have him join the forum....

 

[finity]

Actually, "regular felons" (I like that term) can possess modern and fixed cartridge firearms as well. They just can't get an LTCH, which prevents them from carrying a "handgun" anywhere that a LTCH is required. (And it should be noted that carrying a handgun without a license is ordinarily a Class A misdemeanor, but is a Class C felony if the person has a felony within the last 15 years.)

But since pre-1899 and black powder firearms are excepted from the term "handgun" in the "regulation of handguns" chapter of the Indiana Code, that creates a loophole - specific to handguns.

But as Kirk correctly pointed out, "serious violent felons" cannot possess any form of "firearm," and the term "firearm" is much broader than the term "handgun," with no exception for pre-1899 and black powder guns.

Guy

Ok, now i'm a little confused.

I thought that "felons" ("regular" or "serious violent") couldn't buy or possess any fixed cartridge firearms (those requiring a 4473 form).

While the federal firearms laws don't specifically say "felon" I assume that is what 18 USC 922 meant by the use of the section below:

(g) It shall be unlawful for any person -
(1) who has been convicted in any court of, a crime punishable
by imprisonment for a term exceeding one year;
.
.
to ship or transport in interstate or foreign commerce, or possess
in or affecting commerce, any firearm or ammunition; or to receive
any firearm or ammunition which has been shipped or transported in
interstate or foreign commerce.

Are there any felonies in which the potential punishment is less than a year in prison?

My understanding that the above means "felons" in bolstered by the fact that 18 USC 921 (definitions) specifically differentiates between the above and a misdemeanor with a potential sentence of less than 2 years.

(20) The term "crime punishable by imprisonment for a term
exceeding one year" does not include -
.
.
(B) any State offense classified by the laws of the State as a
misdemeanor and punishable by a term of imprisonment of two years
or less.

 

[Octomonkey]

Tell your friend to get his license.

No kidding. It's only $125 and he's good to go for the rest of his life.

 

[Kirk Freeman]

Ok, now i'm a little confused.

Do you remember my two railroad track example?

One track is federal, the other is state.

 

[finity]

Do you remember my two railroad track example?

One track is federal, the other is state.

Yes I know that there are different laws at the state and federal level but that doesn't mean that it's "legal" for a felon to possess firearms just because it's not against state law. It's still against federal law and, therefore, not legal.

You can still be brought on federal charges without the state getting involved. And that happens all the time.

So I guess until Indiana goes the way of a few other states (or tries to) to avoid the "in interstate commerce" federal catchall my statement still stands - I'm confused.

 

[Kirk Freeman]

It's still against federal law and, therefore, not legal.

It depends.

If when you say "It's" you mean, black powder, remember, that federal law defined BP as non-firearms and felons may legally possess them.

If when you say "It's" still against federal law you mean fixed cartridge firearms, then under federal law it is a felony for most felons to possess them.

1. First, is the person disqualified under federal law,

2. Second, if #1 is no, then is the person disqualified under state law.

Thus if someone has a conviction for say . . . HTV-D felony, then that invidividual may possess a black powder firearm under federal and state law.