LTCH and Class III

[bigjross2002]

Is there a requirement to have a LTCH to own class III items? And if so does the LEO exemption waive said requirement? A dealer is telling me you need a LTCH for a class III and I cannot locate the state law requiring such.

Just trying to verse myself on the requirements as I have not purchased an NFA item before.

 

[esrice]

Two completely different things.

LTCH is simply a "License to carry handgun".

 

[VUPDblue]

You need to find a better/smarter dealer

 

[Dog1]

Is there a requirement to have a LTCH to own class III items? And if so does the LEO exemption waive said requirement? A dealer is telling me you need a LTCH for a class III and I cannot locate the state law requiring such.

Just trying to verse myself on the requirements as I have not purchased an NFA item before.

Who is the dealer so we can avoid such stupidity?

 

[revsaxon]

No such requirement. Your dealer is confused.

 

[ryknoll3]

Find a new dealer.

 

[mms]

please share the name of the dealer

 

[Stainer]

What if you had a Glock 18? Yes it's a MG, but would it also be considered a handgun? or an Uzi or Mac for instance.Just being quizzical because I like the knowledge.

 

[ryknoll3]

What if you had a Glock 18? Yes it's a MG, but would it also be considered a handgun? or an Uzi or Mac for instance.Just being quizzical because I like the knowledge.

Machine guns are their own firearms classification, according to Federal and Indiana law. A handgun and a machine gun are two different things. That's why you can put a stock on an UZI without getting in trouble for having an SBR. A machine gun is also not a rifle, even if it is shoulder fired.

 

[Stainer]

Machine guns are their own firearms classification, according to Federal and Indiana law. A handgun and a machine gun are two different things. That's why you can put a stock on an UZI without getting in trouble for having an SBR. A machine gun is also not a rifle, even if it is shoulder fired.

That answers it, thanks for the info.

 

[MikeA]

A SBR is a handgun in Indiana.

Just sayin'

 

[combat45acp]

please share the name of the dealer

Wasn't me, just saying.

 

[japartridge]

A SBR is a handgun in Indiana.

Just sayin'

Where is the IC on that?

 

[curraheeguns]

Where is the IC on that?

As much as most will disagree with me and as much as I try not to give legal opinions I agree with MikeA.

IC 35-47-1-6
"Handgun"
Sec. 6. "Handgun" means any firearm:
(1) designed or adapted so as to be aimed and fired from one (1) hand, regardless of barrel length; or
(2) any firearm with:
(A) a barrel less than sixteen (16) inches in length; or
(B) an overall length of less than twenty-six (26) inches.
As added by P.L.311-1983, SEC.32.

I think it is an non-enforced "accidental" state code that does put many legal NFA owners in violation of the "strict interpretation" of Indiana Code.

I have long told AOW customers that it is my opinion that they need a LTCH to carry an AOW and to be honest I think it applies to SBR's and MG's as well if you go strictly by the letter of the law.

Just because the Fed's say it is ok doesn't mean the state can't say it isn't ok......ask Illinois.

My two cents.

 

[Dog1]

As much as most will disagree with me and as much as I try not to give legal opinions I agree with MikeA.

IC 35-47-1-6
"Handgun"
Sec. 6. "Handgun" means any firearm:
(1) designed or adapted so as to be aimed and fired from one (1) hand, regardless of barrel length; or
(2) any firearm with:
(A) a barrel less than sixteen (16) inches in length; or
(B) an overall length of less than twenty-six (26) inches.
As added by P.L.311-1983, SEC.32.

I think it is an non-enforced "accidental" state code that does put many legal NFA owners in violation of the "strict interpretation" of Indiana Code.

I have long told AOW customers that it is my opinion that they need a LTCH to carry an AOW and to be honest I think it applies to SBR's and MG's as well if you go strictly by the letter of the law.

Just because the Fed's say it is ok doesn't mean the state can't say it isn't ok......ask Illinois.

My two cents.

While I'm never in favor of the Feds trumping the State, in this case would it not be true that the NFA law trumps the state?

 

[SemperFiUSMC]

Lots of gun dealers know nothing about gun laws. I've had Class 1 dealers tell me it's illegal for me to bring a suppressor into their shop.

 

[jbombelli]

Machine guns are their own firearms classification, according to Federal and Indiana law. A handgun and a machine gun are two different things. That's why you can put a stock on an UZI without getting in trouble for having an SBR. A machine gun is also not a rifle, even if it is shoulder fired.

So I could CC a micro Uzi without a LTCH?


I may be wrong, but I don't think that's correct.

 

[curraheeguns]

While I'm never in favor of the Feds trumping the State, in this case would it not be true that the NFA law trumps the state?

As far as I remember from high school government class all laws not specified as the the duty of the federal government by the US constitution are reserved for the states and the federal government cannot tell a state that it cannot pass a law that has nothing to do with interstate commerce.

Someone feel free to correct me if I am wrong or quote me some case law.

I am not saying I like the Indiana code, quite to the contrary. It hangs a lot of good people out in the wind and needs to be changed. I am saying if you go by the strict interpretation, that is the law.

 

[bigjross2002]

Thanks

Thanks for all the responses guys. I didnt think that was right as well. The shop is actually Precision Arms out of Columbia City... I will just inform him that it was an error on his part. I just wanted to bounce the idea off of a few people first.

 

[MattCFII]

As much as most will disagree with me and as much as I try not to give legal opinions I agree with MikeA.

IC 35-47-1-6
"Handgun"
Sec. 6. "Handgun" means any firearm:
(1) designed or adapted so as to be aimed and fired from one (1) hand, regardless of barrel length; or
(2) any firearm with:
(A) a barrel less than sixteen (16) inches in length; or
(B) an overall length of less than twenty-six (26) inches.
As added by P.L.311-1983, SEC.32.

I think it is an non-enforced "accidental" state code that does put many legal NFA owners in violation of the "strict interpretation" of Indiana Code.

I have long told AOW customers that it is my opinion that they need a LTCH to carry an AOW and to be honest I think it applies to SBR's and MG's as well if you go strictly by the letter of the law.

Just because the Fed's say it is ok doesn't mean the state can't say it isn't ok......ask Illinois.

My two cents.

So if SBR=handgun by IC, wouldn't that be a loophole in Indiana's pistol rule for deer hunting? Unless the DNR's regs go beyond the IC and say something about a stock, we could then hunt deer with standard rifle cartridges over .243 and case length longer than 1.16 inches if using a SBR in theory. Part of the reason I'm might be keeping one of my Dracos as a pistol is so I can hunt with 7.62x39.