Here's a scenario...

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  • Car Ramrod

    Master
    Rating - 100%
    8   0   0
    Oct 15, 2009
    1,852
    38
    Westfield
    It is illegal to carry a hand gun without a license in Indiana. You can transport the gun unloaded in a case out of reach in your vehicle, but if it is loaded you need the LTCH.

    The exceptions are on your own property or your fixed place of business. Neither of those require a LTCH.
     

    KW730

    Expert
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    0   0   0
    Sep 18, 2012
    845
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    Just for information's sake, what is the legality in carrying an unloaded handgun on your person without a LTCH?
     

    Titanium_Frost

    Grandmaster
    Rating - 100%
    34   0   0
    Feb 6, 2011
    7,611
    83
    Southwestern Indiana
    Here is the relevant text:

    (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) 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.
     

    Tin Cup

    Marksman
    Rating - 100%
    2   0   0
    Feb 14, 2009
    265
    16
    Michiana
    You need to listen to a MWAG call sometime. It's never, this guy has a gun, and that's all. Dispatchers ask follow up questions "well, what is he doing?"
    The typical response:

    He's appears to be casing houses
    He looks like he's about to rob the place
    He seems very upset and agitated

    I have never been to a MWAG a gun call where it was simply, "this person has a gun, but is doing absolutely nothing except shopping/eating/talking to a friend." People construct their own ideas.

    GOOD Dispatchers ask follow up questions.
     

    Jack Burton

    Shooter
    Rating - 0%
    0   0   0
    Jul 9, 2008
    2,432
    48
    NWI
    You need to listen to a MWAG call sometime. It's never, this guy has a gun, and that's all. Dispatchers ask follow up questions "well, what is he doing?"
    The typical response:

    He's appears to be casing houses
    He looks like he's about to rob the place
    He seems very upset and agitated

    I have never been to a MWAG a gun call where it was simply, "this person has a gun, but is doing absolutely nothing except shopping/eating/talking to a friend." People construct their own ideas.

    When you drive by a MWAG call and the dude is out in his front yard painting his house trim or putting a steak on the BBQ then I think you can discount the dispatchers report.
     

    Kutnupe14

    Troll Emeritus
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    Jan 13, 2011
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    When you drive by a MWAG call and the dude is out in his front yard painting his house trim or putting a steak on the BBQ then I think you can discount the dispatchers report.

    ...for liability's sake, contact would still have to be made; often started with a "sorry but some #$%@...."
     

    Jack Burton

    Shooter
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    0   0   0
    Jul 9, 2008
    2,432
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    NWI
    ...for liability's sake, contact would still have to be made; often started with a "sorry but some #$%@...."

    Sure... I understand "contact." Just not a demand for ID or LTC.

    I also understand that an officer can "request" anything. But when the person says, "no, this is my property" that should be the end of it. Not... as suggested by another poster, that the LEO make life miserable for the homeowner and detain him "just because."
     

    courtney

    Plinker
    Rating - 0%
    0   0   0
    Jan 14, 2013
    4
    1
    Really ???

    Can anyone help me with information about indiana laws and definitions ? I recently purchased handgun for boyfriend and since my lisence had expired we went to get permit and knew carrying was not option until we recieved them so I looked up laws before taking gun to his place of residence and made sure there was no ammunition at all in vehicle, got a case to put it in and since he drove a truck, the trunk was not an option. He was pulled over for turn signal violation pulling onto his street and actullay pulled over in his front yard by officer. The officer asked him if there were any weapons in the vehicle. He told them there was and the officer asked if he could go get it from the truck. He complied thinking he was not doing anything wrong. The cop checked to see if it was not stolen and of course it wasn't, he then asked if my bf had a permit and he said "not yet". Since I was in passenger seat he asked if I had one also. My bf said, "her's is expired", still completely cooperating with officer. The officer immediately handcuffed him and arrested him for carrying a handgun w/o lisence. I feel awful that he got in trouble for my iggnorance of the law if thats the case. I just dont get how the officer could arrest him in his own front yard to boot. The officer said in police report that it was not secured with a locking device, which I didnt think was neccesary. Now its costing him thousand to fight in court.

    But just for future knowledge, Is there a "not readily accessible" place in the cab of a pick up truck?
     

    Kutnupe14

    Troll Emeritus
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    Jan 13, 2011
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    Can anyone help me with information about indiana laws and definitions ? I recently purchased handgun for boyfriend and since my lisence had expired we went to get permit and knew carrying was not option until we recieved them so I looked up laws before taking gun to his place of residence and made sure there was no ammunition at all in vehicle, got a case to put it in and since he drove a truck, the trunk was not an option. He was pulled over for turn signal violation pulling onto his street and actullay pulled over in his front yard by officer. The officer asked him if there were any weapons in the vehicle. He told them there was and the officer asked if he could go get it from the truck. He complied thinking he was not doing anything wrong. The cop checked to see if it was not stolen and of course it wasn't, he then asked if my bf had a permit and he said "not yet". Since I was in passenger seat he asked if I had one also. My bf said, "her's is expired", still completely cooperating with officer. The officer immediately handcuffed him and arrested him for carrying a handgun w/o lisence. I feel awful that he got in trouble for my iggnorance of the law if thats the case. I just dont get how the officer could arrest him in his own front yard to boot. The officer said in police report that it was not secured with a locking device, which I didnt think was neccesary. Now its costing him thousand to fight in court.

    But just for future knowledge, Is there a "not readily accessible" place in the cab of a pick up truck?

    Your front yard isn't like home plate.

    Me thinks this story is information "lite."
     

    courtney

    Plinker
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    Jan 14, 2013
    4
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    Im sorry if I left anything out but I didnt want to make it a novel? What information should I include ? Neither of us has ever been arrested before so I am trippin about it all. It wasn't like he was racing for his driveway to be safe. If that were the case he would have just drove the additional 20 feet and just pulled on in. I just thought I was following the law to transport it off of his property, so for him to be arrested for it on his property makes me think that maybe these laws should be much clearer.
     

    Kutnupe14

    Troll Emeritus
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    Im sorry if I left anything out but I didnt want to make it a novel? What information should I include ? Neither of us has ever been arrested before so I am trippin about it all. It wasn't like he was racing for his driveway to be safe. If that were the case he would have just drove the additional 20 feet and just pulled on in. I just thought I was following the law to transport it off of his property, so for him to be arrested for it on his property makes me think that maybe these laws should be much clearer.

    All the details you can give would be helpful. I'm assuming that you guys got popped because you didn't have the firearm in a secured container?

    When was the firearm purchased?
    Did you apply for his LTCH that same day (and were coming home from applying)?

    In the purest sense, I guess that the officer is right (and a doucher). If you didn't have ammo in the vehicle, I honestly don't see what the issue is.
     
    Last edited:

    courtney

    Plinker
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    Jan 14, 2013
    4
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    They only arrested him, not me. He was charged with carrying w/o lisence. The officer just mentioned in report that it was in a case without a locking device. I read indiana law and it did not mention that the case is required to have lock on it.
    I purchased it a week prior but didn't give it to him until that day. No we were not on way from applying, we were just taking it from my place to his. So he was basically bringing it home for the first time but it never made it. Officer kept gun and case. So I tried to surprise him with present and it cost him 1000 in bail and over 1000 so far to retain attorney, which he reccommeded that he fight it in court which will cost a nother couple thousand. What a nice gift, huh? Correct, No ammo in vehicle, anywhere. Mag was empty and removed in case with gun
     

    Kutnupe14

    Troll Emeritus
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    Jan 13, 2011
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    They only arrested him, not me. He was charged with carrying w/o lisence. The officer just mentioned in report that it was in a case without a locking device. I read indiana law and it did not mention that the case is required to have lock on it.
    I purchased it a week prior but didn't give it to him until that day. No we were not on way from applying, we were just taking it from my place to his. So he was basically bringing it home for the first time but it never made it. Officer kept gun and case. So I tried to surprise him with present and it cost him 1000 in bail and over 1000 so far to retain attorney, which he reccommeded that he fight it in court which will cost a nother couple thousand. What a nice gift, huh? Correct, No ammo in vehicle, anywhere. Mag was empty and removed in case with gun

    I have no idea why a prosecutor would even pick that case up. IANAL, but I think it should easy to beat, since essentially he was taking it home, in the same vein as if he had just purchased it.
     

    courtney

    Plinker
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    Jan 14, 2013
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    The attorney seemed to think the same and also thought law requires a locked case until he reviewed law. As I investigated all of this and found out how vague laws were, I still am trying to figure out how anyone could transport in a truck because the driver can reach anywhere in cab. So I am confused as to what is considered "not readily accessible" in the cab of a pick up truck ? Someone posted in here that it is not required to be locked in a trunk of a vehicle as long as it is not readily accessible. Where would that be?
     

    JetGirl

    Grandmaster
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    5   0   0
    May 7, 2008
    18,774
    83
    N/E Corner
    The attorney seemed to think the same and also thought law requires a locked case until he reviewed law. As I investigated all of this and found out how vague laws were, I still am trying to figure out how anyone could transport in a truck because the driver can reach anywhere in cab. So I am confused as to what is considered "not readily accessible" in the cab of a pick up truck ? Someone posted in here that it is not required to be locked in a trunk of a vehicle as long as it is not readily accessible. Where would that be?
    Behind the seat. Passenger floor board. Tool box in the back. There are lots of options depending on your ride... but as for the initial "law";
    Unloaded
    Cased
    Inaccessible
     

    KW730

    Expert
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    0   0   0
    Sep 18, 2012
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    The attorney seemed to think the same and also thought law requires a locked case until he reviewed law. As I investigated all of this and found out how vague laws were, I still am trying to figure out how anyone could transport in a truck because the driver can reach anywhere in cab. So I am confused as to what is considered "not readily accessible" in the cab of a pick up truck ? Someone posted in here that it is not required to be locked in a trunk of a vehicle as long as it is not readily accessible. Where would that be?

    The IC says nothing about the case being locked. According to the details you gave us he was perfectly legal.
     
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