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  • slamer283

    Plinker
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    Jan 24, 2009
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    New Castle
    is it illegal for me to carry a gun without the actual permit? i recently sent mine in. i got the life time permit. can i carry a gun and have the paper work that shows that i have purchased a permit? im very worried about this
     

    Scutter01

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    You must have your license in hand when you carry. You may not carry on your receipt.

    (Qualifier: There are three very specific cases where you can carry without a permit, but likely they don't apply to your question.)
     

    Pami

    INGO Mom
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    Mar 13, 2008
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    Next to Lars
    No, you cannot carry (even in your car) until you have the actual license. If you purchase a firearm without having a LTCH, you can only take it directly to your home or fixed place of business, no where else. And then it *should* stay there.
     
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    Mar 28, 2008
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    Bloomington
    You cannot carry until you receive the permit. You have not been issued a permit. The fact that you sent in the paperwork doesn't mean anything. For example, what if a felon sent in the paperwork and then wanted to carry? He would be denied, and would not actually receive a permit.

    The exception is this: If you are simply renewing, and your old permit had not expired, your receipt will serve as a LTCH if your new permit does not arrive in the mail before the old one expires. Clear as mud?

    If this is your first permit, or your last permit expired, then there is no exception. Do not carry without a valid permit.

    Regards,
    Josh
     

    slamer283

    Plinker
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    Jan 24, 2009
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    New Castle
    ok. thanks for the info guys. i appreciate it. what if i was to buy a hand gun and bring it home. without a permit, and i got pulled over. would i be breaking the law if i just bought and was bringing home?
     

    Scutter01

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    The three exceptions to the licensing rule are:


    • Taking it to/from a place of purchase or repair to/from your fixed residence


    • Taking it to/from your fixed residence to/from your fixed place of business


    • Moving from one residence/business to another (that's moving, not transporting. As in selling your house and moving to a new one).

    In all three cases, the handgun must be unloaded and in a "secure wrapper" such as a locked hard-shelled case.

    Those are the only exceptions. There is no exception for taking it to the range or to your buddy's house. You can bring it home from the purchase place, and that's about it.
     

    SavageEagle

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    You SHOULD leave it at home/property if you don't have a license. You can carry on your property and in your home, but no where else. Basiclly. It was hard were I live to carry and stay on my land as the kids tried to get me off my property to go play. A lot of times I had to leave it with my girl just so I could go see the "Monster Catfish" in the storm drain! :):

    Bryon Ciyuo's "Indiana Handgun Law" book is required reading for anyone purchasing a handgun in Indiana. Period.
     

    AFA1CY

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    In that Field that is Green
    The three exceptions to the licensing rule are:


    • Taking it to/from a place of purchase or repair to/from your fixed residence
    • Taking it to/from your fixed residence to/from your fixed place of business
    • Moving from one residence/business to another (that's moving, not transporting. As in selling your house and moving to a new one).
    In all three cases, the handgun must be unloaded and in a "secure wrapper" such as a locked hard-shelled case.

    Those are the only exceptions. There is no exception for taking it to the range or to your buddy's house. You can bring it home from the purchase place, and that's about it.

    Where is that in the IC?
     

    Bill of Rights

    Cogito, ergo porto.
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    Apr 26, 2008
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    Where is that in the IC?
    IC 35-47-2-2
    Excepted persons
    Sec. 2. Section 1 of this chapter does not apply to:
    (1) marshals;
    (2) sheriffs;
    (3) the commissioner of the department of correction or persons authorized by him in writing to carry firearms;
    (4) judicial officers;
    (5) law enforcement officers;
    (6) members of the armed forces of the United States or of the national guard or organized reserves while they are on duty;
    (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;
    (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 his possession, using, or carrying a handgun in the usual or ordinary course of that business; or
    (11) any person while carrying a handgun unloaded and in a secure wrapper from the place of purchase to his dwelling or fixed place of business, or to a place of repair or back to his dwelling or fixed place of business, or in moving from one dwelling or business to another.


    Also, in response to the OP, I think there may be another applicable provision:

    I'm looking for it now but I seem to recall a part of the IC that allows the holder of a LTCH to show it as having been issued, but simply not on his/her person at the time and all charges being dropped. Will edit when found.

    Edit: Found it!
    IC 35-47-2-24
    Indictment or information; defendant's burden to prove exemption or license; arrest, effect of production of valid license, or establishment of exemption
    Sec. 24. (a) In an information or indictment brought for the enforcement of any provision of this chapter, it is not necessary to negate any exemption specified under this chapter, or to allege the absence of a license required under this chapter. The burden of proof is on the defendant to prove that he is exempt under section 2 of this chapter, or that he has a license as required under this chapter.
    (b) Whenever a person who has been arrested or charged with a violation of section 1 of this chapter presents a valid license to the prosecuting attorney or establishes that he is exempt under section 2 of this chapter, any prosecution for a violation of section 1 of this chapter shall be dismissed immediately, and all records of an arrest or proceedings following arrest shall be destroyed immediately.

    As I read it, this means that if I didn't have my LTCH on me, I'd likely take a ride and have to prove my innocence by showing that I had a valid LTCH issued-for example, that my wallet had fallen out of my pocket while I was driving and I'd not noticed it between the seat and the door of the car-but that once I did so, it would be like it never happened.

    Blessings,
    Bill
     
    Last edited:

    AFA1CY

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    In that Field that is Green
    (11) any person while carrying a handgun unloaded and in a secure wrapper from the place of purchase to his dwelling or fixed place of business, or to a place of repair or back to his dwelling or fixed place of business, or in moving from one dwelling or business to another.

    (11) any person while carrying a handgun unloaded and in a secure wrapper from the

    place of purchase to his dwelling or fixed place of business

    to a place of repair or back to his dwelling or fixed place of business,

    in moving from one dwelling or business to another.

    No provision for moving from dwelling to business and back.
     

    Bill of Rights

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    (11) any person while carrying a handgun unloaded and in a secure wrapper from the

    place of purchase to his dwelling or fixed place of business

    to a place of repair or back to his dwelling or fixed place of business,

    in moving from one dwelling or business to another.

    No provision for moving from dwelling to business and back.

    Good point. Guess you have to drive to the gunsmith's or a gun store before you can drive to work or home.

    To quote the esteemable Mr. Freeman, Esq., "Just get the license." Thanks for the pointer. Reppage enroute.

    Blessings,
    Bill
     

    AFA1CY

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    In that Field that is Green
    Good point. Guess you have to drive to the gunsmith's or a gun store before you can drive to work or home.

    To quote the esteemable Mr. Freeman, Esq., "Just get the license." Thanks for the pointer. Reppage enroute.

    Blessings,
    Bill
    As narrow as the laws can be enforced, you can't be too careful. (example of "operating" a vehicle to pick someone on school grounds witha gun.)
     

    Scutter01

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    (11) any person while carrying a handgun unloaded and in a secure wrapper from the

    place of purchase to his dwelling or fixed place of business

    to a place of repair or back to his dwelling or fixed place of business,

    in moving from one dwelling or business to another.

    No provision for moving from dwelling to business and back.


    I base the interpretation on Brian Ciyou's book. He discusses the fact that the law allows you to carry unlicensed at your fixed place of business, and so the statute has to allow you to transport to/from that fixed place of business. I'm not sure I agree with him, but I respect his opinion. As I've always said, though, just get the license, just get the license, just get the license.
     

    slamer283

    Plinker
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    Jan 24, 2009
    35
    6
    New Castle
    ok sweet. thanks for all the info. i was really worried about thislol.. i didnt wanna get in any trouble. guess ill just have to wait a few months for my permit to return. guess the llama max-1 will have to stay put =[
     

    Bill of Rights

    Cogito, ergo porto.
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    Apr 26, 2008
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    Where's the bacon?
    I base the interpretation on Brian Ciyou's book. He discusses the fact that the law allows you to carry unlicensed at your fixed place of business, and so the statute has to allow you to transport to/from that fixed place of business. I'm not sure I agree with him, but I respect his opinion. As I've always said, though, just get the license, just get the license, just get the license.

    I agree with you, Scutter, there must be a provision to get it there legally, however, as I read the law, the only such provision would be to either drive it straight to your place of business (to be left there) from the place of purchase (or repair) or to drive from your place of business with your unloaded, securely wrapped firearm to a place of purchase or repair, then on to your home and vice versa. There is no provision that the gun must be taken into the gun shop or gunsmith, and technically, you could probably pull into the parking lot, stop the car and step out, walk around the car and get back in to then drive to your home or business place. (after all, the Peaceable Journey statute protects you driving through IL as long as you don't stop, so conversely, this law should protect you as long as you do stop)

    Or you could, you know.... GET THE LICENSE! :rockwoot: :n00b: :D

    Blessings,
    Bill
     

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