in. carry laws

[jerbur6]

does anyone know of anywhere i can find out specifics concerning in. gun laws ive called the city police,the sherrifs dept, the state police and even the state police firearms division and not having much luck. most of the info ive found is vague at best which i have come to find is the case with gun laws no matter where you go.all the agencies i spoke to were very friendly and helpful but couldnt find what i was looking for. i moved here from az and there were several scenarios i seen out there that if they happened here what is the law on them?

 

[BloodEclipse]

index

Best collection of information I know of. Lots of us own this book.

 

[rhino]

Indiana Code, Title 35, Section 47:

Indiana Code TITLE 35, Article 47 Table of Contents

 

[AFA1CY]

If you live in Marion County, the library has the book.

 

[kludge]

http://www.in.gov/isp/files/firearms_FAQ_02_08.pdf

If it's not answered here or in the link Rhino posted let us know, and we'll be glad to help... this was updated within the last year or so and is much improved, IMO, over the last one.

What questions were you looking to answer?

 

[jerbur6]

i have a bunch of questions such as retreat laws,castle doctrine,third party intervention etc etc. i know each state is different on various laws and i want to make sure i know all the ins and outs here just in case. i seen several good shoots in az that ended up in court over technicalities.

 

[Jackson]

i have a bunch of questions such as retreat laws,castle doctrine,third party intervention etc etc. i know each state is different on various laws and i want to make sure i know all the ins and outs here just in case. i seen several good shoots in az that ended up in court over technicalities.

Definitely buy the book from the link posted above. Indiana Handgun Law

It's probably the best single resource and answers most of what you're looking for, discusses and cites the applicable statutes and gives examples of actual case law where possible and applicable. Everything you want to know, that can be told with any kind of certainty, will likely be covered in that book.

It's definitely worth the 30 bucks.

 

[Hiram Abiff]

Definitely buy the book from the link posted above. Indiana Handgun Law

It's probably the best single resource and answers most of what you're looking for, discusses and cites the applicable statutes and gives examples of actual case law where possible and applicable. Everything you want to know, that can be told with any kind of certainty, will likely be covered in that book.

It's definitely worth the 30 bucks.

I agree! Well worth the money. The book covers a lot of "what if" situations; really makes a person think.

 

[kludge]

Indiana Code 35-41-3


IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.
(c) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against another person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
only if that force is justified under subsection (a).
(d) A person is justified in using reasonable force, including deadly force, against another person and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent or stop the other person from hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight. For purposes of this subsection, an aircraft is considered to be in flight while the aircraft is:
(1) on the ground in Indiana:
(A) after the doors of the aircraft are closed for takeoff; and (B) until the aircraft takes off;
(2) in the airspace above Indiana; or
(3) on the ground in Indiana:
(A) after the aircraft lands; and
(B) before the doors of the aircraft are opened after landing.
(e) Notwithstanding subsections (a), (b), and (c), a person is not justified in using force if:
(1) the person is committing or is escaping after the commission of a crime;
(2) the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or
(3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action.
(f) Notwithstanding subsection (d), a person is not justified in using force if the person:
(1) is committing, or is escaping after the commission of, a crime;
(2) provokes unlawful action by another person, with intent to cause bodily injury to the other person; or
(3) continues to combat another person after the other person withdraws from the encounter and communicates the other person's intent to stop hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.8; Acts 1979, P.L.297, SEC.1; P.L.59-2002, SEC.1; P.L.189-2006, SEC.1.


IC 35-41-3-3
Use of force relating to arrest or escape
Sec. 3. (a) A person other than a law enforcement officer is justified in using reasonable force against another person to effect an arrest or prevent the other person's escape if:
(1) a felony has been committed; and
(2) there is probable cause to believe the other person committed that felony.
However, such a person is not justified in using deadly force unless that force is justified under section 2 of this chapter.
(b) A law enforcement officer is justified in using reasonable force if the officer reasonably believes that the force is necessary to effect a lawful arrest. However, an officer is justified in using deadly force only if the officer:
(1) has probable cause to believe that that deadly force is necessary:
(A) to prevent the commission of a forcible felony; or
(B) to effect an arrest of a person who the officer has probable cause to believe poses a threat of serious bodily
injury to the officer or a third person; and
(2) has given a warning, if feasible, to the person against whom the deadly force is to be used.
(c) A law enforcement officer making an arrest under an invalid warrant is justified in using force as if the warrant was valid, unless the officer knows that the warrant is invalid.
(d) A law enforcement officer who has an arrested person in custody is justified in using the same force to prevent the escape of the arrested person from custody that the officer would be justified in using if the officer was arresting that person. However, an officer is justified in using deadly force only if the officer:
(1) has probable cause to believe that deadly force is necessary to prevent the escape from custody of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person; and
(2) has given a warning, if feasible, to the person against whom the deadly force is to be used.
(e) A guard or other official in a penal facility or a law enforcement officer is justified in using reasonable force, including deadly force, if the officer has probable cause to believe that the force is necessary to prevent the escape of a person who is detained in the penal facility.
(f) Notwithstanding subsection (b), (d), or (e), a law enforcement officer who is a defendant in a criminal prosecution has the same right as a person who is not a law enforcement officer to assert self-defense under IC 35-41-3-2.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.9; Acts 1979, P.L.297, SEC.2; P.L.245-1993, SEC.1.


Indiana Code 35-42-1

Indiana Code 35-42-2

 

[kludge]

IC 35-41-1-4
"Bodily injury" defined
Sec. 4. "Bodily injury" means any impairment of physical condition, including physical pain.
As added by P.L.311-1983, SEC.5.

IC 35-41-1-11
"Forcible felony" defined
Sec. 11. "Forcible felony" means a felony that involves the use or threat of force against a human being, or in which there is imminent danger of bodily injury to a human being.
As added by P.L.311-1983, SEC.12.


IC 35-41-1-25
"Serious bodily injury" defined
Sec. 25. "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) extreme pain;
(4) permanent or protracted loss or impairment of the function of a bodily member or organ; or
(5) loss of a fetus.
As added by P.L.311-1983, SEC.26. Amended by P.L.261-1997, SEC.1.


IC 35-41-1-7
"Deadly force" defined
Sec. 7. "Deadly force" means force that creates a substantial risk
of serious bodily injury.
As added by P.L.311-1983, SEC.8.

 

[Kirk Freeman]

have a bunch of questions such as retreat laws,castle doctrine,third party intervention etc etc

1. Indiana abolished the duty to retreat judicially in 1865 just a few years before Florida became the first state in the Union to abolish the duty to retreat (according to the Internet and Old Media) in 2005.

2. Castle Doctrine: wipe this term from your mind and vocabulary. It is deliberate media-inspired misinformation which was created to get gun owners in legal problems.

3. 3d Party Intervention: the objective/subjective standard is the same as first person, what would a reasonable person do under those circumstances. The statutory language is cited above.