Is it legal or not?

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  • OWGEM

    Expert
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    1   0   0
    Apr 9, 2010
    974
    18
    Columbus, IN
    According to the following it is now legal to carry in IN State Parks...

    The Indiana Law Blog: Ind. Law - DNR lifts ban on handguns in state parks

    and

    Indiana restores gun carry right in state parks | Guns Magazine | Find Articles at BNET

    According to this it is not, SUMMARY OF RULES AND REGULATIONS

    2. Any firearm, BB gun, air gun, CO2 gun, bow and arrow, or spear gun in possession in a state park must be unloaded or un-nocked and stored in a case or locked within a vehicle except when participating in an activity authorized by written permit.


    Hiking Trails in Brown County State Park - Southern Indiana Hiking Trails
     

    JBusch8899

    Shooter
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    0   0   0
    Jan 6, 2010
    2,234
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    The AG has one client, that is the government of the state of Indiana.

    The AGs office will not answer questions as such, due to such conveying of information is by definition, practicing law. They will advise you to consult your own attorney.

    IANAL, but state regulation is not preempted by park rules.
     

    JBusch8899

    Shooter
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    0   0   0
    Jan 6, 2010
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    Not my experience.

    The AG's office then violated the law.

    From the IN AG website FAQ:

    Question: Can the Attorney General give legal advice?
    trnsp.gif


    Answer: State law prohibits the Indiana Attorney General and deputy attorneys general from practicing private law. This means that they cannot represent you in court or provide you with legal advice. Hoosiers who need legal advice or representation should consult a private attorney. Referral services are available through the Indiana Pro Bono Commission.
     
    Rating - 100%
    7   0   0
    Dec 17, 2009
    2,489
    38
    Tampa, FL
    "Patrick Guinane's report in the Munster (NW Indiana) Times offers some assurance that we will be safe on the beaches:
    "I don't think you'll find too many people trying to hide one in a Speedo," Hupfer said."

    Time to start carrying the 8" barrel Raging Bull. :D
     

    mk2ja

    Master
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    14   0   0
    Aug 20, 2009
    3,615
    48
    North Carolina
    It is possible that the website has not yet been updated. I've heard other stories of state parks not taking down signage indicating that firearms are prohibited despite the change in state law.

    According to handgunlaw.us' page on Indiana (PDF, see p 6), guns are in fact allowed in state parks.
     

    VERT

    Grandmaster
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    23   0   0
    Jan 4, 2009
    9,816
    113
    Seymour
    Seems to me that if you have an LTCH and a handgun, then you are participating in an activity that requires a written permit. If my gun is on my person then it is in use.
     

    LawDog76

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    Jan 31, 2010
    779
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    Brownsburg
    It is possible that the website has not yet been updated. I've heard other stories of state parks not taking down signage indicating that firearms are prohibited despite the change in state law.

    According to handgunlaw.us' page on Indiana (PDF, see p 6), guns are in fact allowed in state parks.

    :+1:
    FROM THE NRA May 20, 2009, Congress adopted legislation that prohibits any rule or regulation prohibiting the possession of an operational firearm if the individual is in legal possession of the firearm and if possession of the firearm is in compliance with the laws of the state in which the park or refuge is located. This new law will take effect on February 22, 2010. Until that date, operable firearms remain prohibited in National Parks.

    Federal laws 327.13 & 327.26 still make it illegal to carry in State parks OWNED By The U.S. Army Corps of Engineers.
     

    GLV

    Plinker
    Rating - 0%
    0   0   0
    Apr 2, 2008
    29
    1
    Loganport
    The AG's office then violated the law.

    From the IN AG website FAQ:

    Question: Can the Attorney General give legal advice?
    trnsp.gif


    Answer: State law prohibits the Indiana Attorney General and deputy attorneys general from practicing private law. This means that they cannot represent you in court or provide you with legal advice. Hoosiers who need legal advice or representation should consult a private attorney. Referral services are available through the Indiana Pro Bono Commission.

    Suggest you reread my first post--it said nothing about the law. It said that the 'ATGs office should point you in the right direction'--not quote the law.
     

    Mikeh82

    Marksman
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    0   0   0
    Mar 21, 2009
    204
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    The Forestry in Henryville is a state park I believe... They have gun ranges and people shoot their all the time..
     

    Dr Falken

    Expert
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    0   0   0
    Nov 28, 2008
    1,055
    36
    Bloomington
    Seems to me I just read a park brochure from Spring Mill, with the the words "Other than legally licensed handguns..."preceeding the below quote. Of course handguns are not licensed in this state, but I got the spirit of what was being said and had no issues OCing.
    According to this it is not, SUMMARY OF RULES AND REGULATIONS

    2. Any firearm, BB gun, air gun, CO2 gun, bow and arrow, or spear gun in possession in a state park must be unloaded or un-nocked and stored in a case or locked within a vehicle except when participating in an activity authorized by written permit.


    Hiking Trails in Brown County State Park - Southern Indiana Hiking Trails
     

    Tactical Dave

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    8   0   0
    Feb 21, 2010
    5,574
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    Plainfield
    Seems to me I just read a park brochure from Spring Mill, with the the words "Other than legally licensed handguns..."preceeding the below quote. Of course handguns are not licensed in this state, but I got the spirit of what was being said and had no issues OCing.


    The park was also aware that "we" had guns and not once did I see a DNR officer.
     

    Indy_Guy_77

    Grandmaster
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    16   0   0
    Apr 30, 2008
    16,576
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    Just a nit pick, other than the ACoE properties, it's never been "illegal" to carry a handgun into a State Park upon your person.

    It was, however, against the DNR "rules".

    Former DNR Director Hupfer (sp?) rescinded that rule at the behest of Governor Daniels.

    However, many of the State Park's literature (and websites) have yet to be updated to reflect the change in the rules. Sad, but true.

    -J-
     

    Arieas

    Plinker
    Rating - 0%
    0   0   0
    Sep 11, 2009
    55
    6
    Indianapois
    "Federal laws 327.13 & 327.26 still make it illegal to carry in State parks OWNED By The U.S. Army Corps of Engineers."

    How do you know if a state park is owned by the ACOE?
     

    mertbl

    Sharpshooter
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    4   0   0
    Jan 6, 2010
    423
    16
    Fort Wayne
    Is Roush, Salamonie and Mississeniwa considered state parks owned by the Corp? Or is it just the dam? And if so, would it be illegal to carry while fishing the spillways and lake side of those dams?
     

    Tactical Dave

    Grandmaster
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    8   0   0
    Feb 21, 2010
    5,574
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    Plainfield
    According to the following it is now legal to carry in IN State Parks...

    The Indiana Law Blog: Ind. Law - DNR lifts ban on handguns in state parks

    and

    Indiana restores gun carry right in state parks | Guns Magazine | Find Articles at BNET

    According to this it is not, SUMMARY OF RULES AND REGULATIONS

    2. Any firearm, BB gun, air gun, CO2 gun, bow and arrow, or spear gun in possession in a state park must be unloaded or un-nocked and stored in a case or locked within a vehicle except when participating in an activity authorized by written permit.


    Hiking Trails in Brown County State Park - Southern Indiana Hiking Trails



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    You might call them and ask if the information is current because it looks like it may be a little old.
     

    Indy_Guy_77

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    Apr 30, 2008
    16,576
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    Yes, the sticky wicket in Indiana: Is the entire state park verboten if the ACoE manages the reservoir/river that the park is immediately adjacent to...or just the water.

    I wish I knew the answer to that one.

    I DO know that at Falls of the Ohio S.P. in Clarksville, the entire place is off limits as the whole thing is a ACoE operation.

    -J-
     

    Boilers

    Master
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    0   0   0
    Apr 20, 2009
    3,440
    36
    Indianapolis
    I back all the way up to a few years ago.
    I've seen people open carry before the law allowed it, in SPs.
    Spring Mill village to be exact.
    No one even looked at them cross-eyed.
     
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