IN Gun Law Question

[GMack_1]

I have access to a "back-forty" in IN..., 40 acres I consider it my private shooting range (which my father currently owns..., but basically it is "family farm land", with enough natural back-stops to make it great for shooting)!

I own long guns and pistols of all types. I have an LTCH, so I am okay in getting my handguns from my home to the "family" range and back home again legally.

If someone from IL were to "magically" show up with a handgun (whether he or she brought it to our privately-owned range legally or not)..., but "now" it is on our property, or even anyone else's private property. At this point is there a "private property" clause? My understanding from the law is that it does not matter who has / or owns / or is holding/shooting said firearm while firing (if an LEO officer approaches and starts asking questions, that is).

I am not talking about public firing ranges...., just private.

Thanks

 

[indykid]

If the person from Illinois has a FOID card then there is no problem as Indiana recognizes all other state permits/licenses/IDs/waddeveryoucallit.

 

[Mr. Habib]

A FOID is not the same as a license to carry. Indiana will not recognize it as such. However he may legally transport it, properly unloaded and secured from Ill to any place where he may legally possess it under federal law.

 

[indykid]

Just found that out and apologize for not realizing that even Indiana doesn't recognize all out of state papers.

 

[CarmelHP]

He can get a license from a state that issues out of state licenses.

 

[IndyGunSafety]

However he may legally transport it, properly unloaded and secured from Ill to any place where he may legally possess it under federal law.

As long as his "journey" does not begin or end in Indiana.

 

[Bill B]

Well, if my friend from the Peoples Socialist Democratic Republic of Illynoize is on my property with a handgun and an officer approaches, the handgun is mine and we are having a class. Just like at the private ranges that will rent a handgun to illynoize residents.

 

[finity]

Well, if my friend from the Peoples Socialist Democratic Republic of Illynoize is on my property with a handgun and an officer approaches, the handgun is mine and we are having a class. Just like at the private ranges that will rent a handgun to illynoize residents.

Technically, that may not make any difference.

The law says you cannot "possess" a handgun off "your property" without a LTCH. If you are shooting on SOMEONE ELSE'S property you, technically, aren't covered.

That said, if a cop comes onto your property just to check if all people shooting have LTCH's then that is pretty ballsy. I seriously doubt that would happen as I doubt that would meet the "probable cause" requirement. If on the other hand, he had ANOTHER (legitimate) reason to be there your buddy could be in trouble.

Bottom line is don't give the cops a REASON to come onto your property & he should be fine.

Also, as has been stated, FOPA does NOT protect someone who is traveling to IN with a handgun without a LTCH since it is not legal to be here (which is obviously off YOUR property) without one.

 

[IndyGunSafety]

Somebody please post the CASE LAW where an individual has been tried and convicted of being "IN POSSESSION" of a handgun, without a license AT A SHOOTING RANGE while taking a class or handling another person's firearm.

To use the logic of some it is illegal for a non-licensed person to walk in Gander Mountain and handle a handgun at the gun counter. It would also be illegal for any instructor to teach a class to anyone who did not already have a license. This is not the spirit of the law. SHOW ME THE CASE LAW. I think it's time to write to the AG's office and get an answer once and for all. It would be interesting to ALSO send the same letter to ISP and see if the responses were the same.

 

[GeneralCarver]

You do not need a lincense to carry a handgun on private property. You can wonder around all over your 40 acres with all kinds of hidden pistols on you and its perfectly fine. Your property, your guns, your business.

 

[melensdad]

. . . If someone from IL were to "magically" show up with a handgun (whether he or she brought it to our privately-owned range legally or not)..., but "now" it is on our property, or even anyone else's private property. At this point is there a "private property" clause? My understanding from the law is that it does not matter who has / or owns / or is holding/shooting said firearm while firing (if an LEO officer approaches and starts asking questions, that is). . .

You and your guests can shoot on your privately owned property. If an officer shows up (not sure why they would) simply say that all the guns are in your possession (don't need to claim ownership, just claim legal possession) and the others are your guests.

You do not need a lincense to carry a handgun on private property. You can wonder around all over your 40 acres with all kinds of hidden pistols on you and its perfectly fine. Your property, your guns, your business.

TRUE THAT!

The issue is the ILL resident getting handguns to the private property legally.

If the person from Illinois has a FOID card then there is no problem as Indiana recognizes all other state permits/licenses/IDs/waddeveryoucallit.

WRONG. A FOID card is NOT valid for transporting a firearm in Indiana.

Just found that out and apologize for not realizing that even Indiana doesn't recognize all out of state papers.

Indiana recognizes all out of state permits and licenses to carry, but does a FOID card is not such a document.

A FOID is not the same as a license to carry. Indiana will not recognize it as such. However he may legally transport it, properly unloaded and secured from Ill to any place where he may legally possess it under federal law.

As long as his "journey" does not begin or end in Indiana.

Sort of true.

The journey can end in Indiana if he is also STAYING in Indiana, such as in a hotel or as a guest in a private home.​

 

[finity]

Somebody please post the CASE LAW where an individual has been tried and convicted of being "IN POSSESSION" of a handgun, without a license AT A SHOOTING RANGE while taking a class or handling another person's firearm.

To use the logic of some it is illegal for a non-licensed person to walk in Gander Mountain and handle a handgun at the gun counter. It would also be illegal for any instructor to teach a class to anyone who did not already have a license. This is not the spirit of the law. SHOW ME THE CASE LAW. I think it's time to write to the AG's office and get an answer once and for all. It would be interesting to ALSO send the same letter to ISP and see if the responses were the same.

That's why I used the word "technically" (a couple of times).

I think there is plenty of case law on what the word "possession" means. A person in a car can have "possession" of an illegal item by just being in close enough proximity to it. Even if the "owner" of the gun is licensed the other person can be charged (& convicted) for being in "possession" of it.

The person handling the gun at Gander Mountain is most likely in the process of purchasing it so is covered by the "from place of purchase" exception. Even if they don't actually purchase it they are considered to be "in the process".

As far as shooting a handgun at a class, the law doesn't make an exception for that. You wil probably be OK BUT you might also be convicted.

An AG opinion would be a big first step in finding out what might happen but I don't think the AG is going to (or even can) give a binding opinion on an interpretation of the law. Thats what the judges' job is. Also an opinion of the ISP is just as helpful as asking "Joe the plumber" what his opinion is. It won't help you a bit in court.

I'm not saying I agree with the law; I think it's stupid. I'm just saying to be careful if you act outside of it in a "grey" area. Again, don't give the cops another reason to come onto your property & they should be OK.

I find it interesting that some people want the law followed to a "T" when it's something they think should be illegal but when it affects them they want there to be an "interpretation" in their favor or want to try to use some "spirit of the law" to make it OK.

You do not need a lincense to carry a handgun on YOUR private property. You can wonder around all over your 40 acres with all kinds of hidden pistols on you and its perfectly fine. Your property, your guns, your business.

Fixed it for you.

NOW all of that is completely true...but it's not what the thread is about. It's about carrying (i.e. possessing) a gun on SOMEONE ELSE'S property.