LTCH and Class III

[8th SPS USAF]

LTCH and C 3

When we used to be able to fill out a 4473 and take the gun out at that time,you needed a LTCH or you would have to wait the 3 day waiting period. When I got my first SMG, I kidded my dealer I did not have one.
She got pissed, till I told her I was kidding.

 

[curraheeguns]

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.

Good question. I don't see anything in the DNR regulation about a stock, just the cartridge specifications.

 

[MattCFII]

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

 

[MikeA]

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.

Negative, it is specifically spelled out that no stocks can be used on handguns for hunting. I dont recall the specific wording but I did put the effort into searching the Hunt regs to find the answer.

 

[curraheeguns]

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

Mike retired, I lost my inside guy.

 

[CarmelHP]

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.

I agree with, and have long held to, this interpretation. IAALBNYL

 

[CarmelHP]

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.

Two different bodies/sources of law. The fed definition applies to federal purposes. The state definition applies to state purposes. As for the state LTCH purposes, as stated above, I agree with curraheeguns interpretation.

 

[curraheeguns]

One of the Marion County Prosecutors Office "reason" codes for not filing charges states:

"The letter of the the law was broken, but not the spirit of the law."

The LTCH and NFA laws do exactly that when it comes to Indiana right now.

 

[gunselman]

I know that awhile back this was an issue. Guys were hunting with SBR's because the wording in the DNR regulations was vague. After the first year of this they re-worded so that you had to have an actual handgun (no stock) to use rifle caliber cartridges.