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.
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.
Think you can run that by your buddy Mike Crider that gave you the suppressor answer?
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.
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.