Indiana Code 35-47-2 question.

[Jeffreedom]

I'm not completely understanding the interpretation of this code and I was pretty sure someone here could clarify for me. In one instant this code says I can carry in property I own. I own my vehicle BUT in the bottom it also specifies that carry within that vehicle I own must be, (A) unloaded; (B) not readily accessible; and (C) secured in a case. So I'm curious which is the lawful interpretation. ALSO, ready to send in my paperwork to the ISP after I was stupid enough to say that I saw a shrink voluntarily after experiencing some anxiety issues. I scoured the internet and cannot find a legal guideline that defines "[FONT=Georgia, Times New Roman, Times, serif]propensity for violent or emotionally unstable conduct". "Their" interpretation of this will determine my renewal. Thought perhaps one of the resident legal authorities might be able to clarify for me. Thank You- [/FONT]


IC 35-47-2-1Carrying a handgun without being licensed; exceptions; personconvicted of domestic batterySec. 1. (a) Except as provided in subsections (b) and (c) andsection 2 of this chapter, a person shall not carry a handgun in anyvehicle or on or about the person's body without being licensed underthis chapter to carry a handgun.(b) Except as provided in subsection (c), a person may carry ahandgun without being licensed under this chapter to carry a handgunif:

(1) the person carries the handgun on or about the person's bodyin or on property that is owned, leased, rented, or otherwiselegally controlled by the person;

(2) the person carries the handgun on or about the person's bodywhile lawfully present in or on property that is owned, leased,rented, or otherwise legally controlled by another person, if thepersonA) has the consent of the owner, renter, lessor, or personwho legally controls the property to have the handgun on thepremises;(B) is attending a firearms related event on the property,including a gun show, firearms expo, gun owner's club orconvention, 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 afirearm;

(3) the person carries the handgun in a vehicle that is owned,leased, rented, or otherwise legally controlled by the person, ifthe handgun isA) unloaded;(B) not readily accessible; and(C) secured in a case;

 

[Jeffreedom]

Sorry, not sure why those frown faces added themselves.??

 

[Cameramonkey]

I'm not completely understanding the interpretation of this code and I was pretty sure someone here could clarify for me. In one instant this code says I can carry in property I own. I own my vehicle BUT in the bottom it also specifies that carry within that vehicle I own must be, (A) unloaded; (B) not readily accessible; and (C) secured in a case. So I'm curious which is the lawful interpretation. ALSO, ready to send in my paperwork to the ISP after I was stupid enough to say that I saw a shrink voluntarily after experiencing some anxiety issues. I scoured the internet and cannot find a legal guideline that defines "propensity for violent or emotionally unstable conduct". "Their" interpretation of this will determine my renewal. Thought perhaps one of the resident legal authorities might be able to clarify for me. Thank You-


IC 35-47-2-1Carrying a handgun without being licensed; exceptions; personconvicted of domestic batterySec. 1. (a) Except as provided in subsections (b) and (c) andsection 2 of this chapter, a person shall not carry a handgun in anyvehicle or on or about the person's body without being licensed underthis chapter to carry a handgun.(b) Except as provided in subsection (c), a person may carry ahandgun without being licensed under this chapter to carry a handgunif:

(1) the person carries the handgun on or about the person's bodyin or on property that is owned, leased, rented, or otherwiselegally controlled by the person;

(2) the person carries the handgun on or about the person's bodywhile lawfully present in or on property that is owned, leased,rented, or otherwise legally controlled by another person, if thepersonA) has the consent of the owner, renter, lessor, or personwho legally controls the property to have the handgun on thepremises;(B) is attending a firearms related event on the property,including a gun show, firearms expo, gun owner's club orconvention, 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 afirearm;

(3) the person carries the handgun in a vehicle that is owned,leased, rented, or otherwise legally controlled by the person, ifthe handgun isA) unloaded;(B) not readily accessible; and(C) secured in a case;

The difference is the definition of "property". They are referring to real estate, not just anything you own large enough to be inside of.

Per the law, you are on your property per that statute when:
In a house you own on a plot of land you own (or rent from a landlord)
In a privately owned business you own or lease the office space.
As a guest of a private business or residence that you have permission from the owner to be in and have permission to carry from the owner.

If it can move, its not considered property. (mobile home on blocks/foundation not included)

EDIT: but to leave the property and move to another property, you must unload and transport via your last line.

 

[Jeffreedom]

Thank you Cameramonkey. I like nikon myself! At this point I would also like to ask, In an SUV, if my unloaded gun is in my glove compartment, am I to assume my ammo is ok in the back behind the seats? And can that ammo be in a magazine?

 

[Cameramonkey]

Thank you Cameramonkey. I like nikon myself! At this point I would also like to ask, In an SUV, if my unloaded gun is in my glove compartment, am I to assume my ammo is ok in the back behind the seats? And can that ammo be in a clip?

And to clarify, I am not a lawyer.

I would say no. Readily accessible. Can you easily access your glove box? Yes. That makes the gun readily accessible. Gun needs to be in the trunk or (or rear cargo area if its a van) to be safe because you can not access those areas of the vehicle readily.

I am not sure if a loaded magazine outside the unloaded gun is considered loaded or not for the law.

And not trying to be snarky, but this. Your pistol has a magazine, not a clip. Magazines load guns, clips load magazines. There is an important difference.

 

[Jeffreedom]

Thanks. Brainfart.

 

[HoughMade]

Real property vs. personal property.

"property" in this case means real property as in real estate.

As for how you should fill out the form, I can't advise anything other than "be 100% honest".

 

[Jeffreedom]

Already did. Dealing with the repercussions now and trying to see how they'll define "propensity for violent or emotionally unstable conduct" now.

 

[Jeffreedom]

Real property vs. personal property.

"property" in this case means real property as in real estate.

As for how you should fill out the form, I can't advise anything other than "be 100% honest".

Already did. Dealing with the repercussions now and trying to see how they'll define "propensity for violent or emotionally unstable conduct" now.