OC at NRA convention with Illinois CCW

[ATM]

I am not a lawyer nor do I play one on TV, however, I could play one on TV and would be very convincing in my portrayal.

I think that's what this boils down to.

 

[ATM]

Lawyers have been know to interpret law incorrectly...

In general, I believe they tend to suggest the more conservative "safest" possible interpretation which makes sense for most folks.

While safe may not be wrong, it is often something less than right.

 

[Bigtanker]

Some states have (or had) license which specify the type of handgun one may carry (Texas, some counties in CA and NV).



.

What were/are the limitations on the kind of hand guns that can be carried in these area.

 

[HoughMade]

If that interpretation made any sense, folks who can open carry without any license but require one only to conceal according to their state laws would be more restricted when carrying in Indiana than they are in their home state.

Nice try. ....

Indiana DOES NOT recognize all states' carry laws. It recognizes all states' carry licenses or permits. Indiana requires a license, but recognizes foreign licenses. If your foreign license requires concealed carry, then you have to follow it in Indiana. The question is whether the license requires concealed carry, or merely allows it. If it only allows but does not require it, then open carry away.

Indiana Code § 35-47-2-1


(a) Except as provided in subsections (b) and (c) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body without being licensed under this chapter to carry a handgun.


Ind. Code § 35-47-2-21(b)


Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.

 

[pig957]

I would err on the side of the most restrictive interpretation of your license compared to the rules of the state you are in. If your license specifies concealed only, that is how I would carry (if your license is accepted in the state you are visiting). I would only open-carry if you are in a constitutional-carry state (no license provided).

Ultimately, any encounter with a local LEO is going to leave you under his interpretation. Better to be safe than sorry.

How many LEOs know Indiana law? Now you are going to confuse them with laws from 49 other states!

 

[Kirk Freeman]

I am not a lawyer nor do I play one on TV, however, I could play one on TV and would be very convincing in my portrayal.

Well, you are tall and thin so any suit looks good on you. As a bonus, you can hand the judge exhibits from the defense table as you wear a 36R chest, 52L sleeved suit jacket.

 

[LP1]

Additional thoughts...

Given the controversy about the NRA and it's unpopularity in some circles, would it not be reasonable to expect greater scrutiny from law enforcement during the convention?

What happens if an out-of-state license holder is involved in a self-defense shooting? I would expect the opposing lawyer (in a criminal trial or in the inevitable civil case) to do everything possible to discredit that person's ability to carry legally. If the shooter is OCing with a CC permit, wouldn't a good lawyer point out that they were not following the letter of the law?

It seems it would be prudent for an out-of-town visitor to strictly adhere to the letter of the law. It leaves more time for enjoying the convention, versus trying to make a point that very few non-gunowners will notice or react positively to.

I'll bet there won't be a bunch of teens wandering around downtown on that Saturday night.

 

[NavyVet]

How many LEOs know Indiana law? Now you are going to confuse them with laws from 49 other states!

My initial response was to answer the question regarding what was legal. The way I read the Indiana Code, it implies that your out-of-state license might restrict your method of carry. The OP did not ask if 7 out of 10 LEO would know the law (or choose to enforce it). I know my luck would put me in contact with one who knows the law thoroughly and would choose to enforce it.


Do I agree with the law? Do I think this creates confusion? Do I think the OP could 'get away with it'? Those are different questions...

 

[Kirk Freeman]

Given the controversy about the NRA and it's unpopularity in some circles, would it not be reasonable to expect greater scrutiny from law enforcement during the convention?

I would be surprised if that transpired. Plus, I would imagine that IMPD, Marion Co. SD (the rump that remains), and ISP are jostling for "security" detail slots.

 

[ATM]

Indiana DOES NOT recognize all states' carry laws.

That's my point. Another state's law which prohibits carrying openly is not observed or enforceable in Indiana, despite the fact that they issue only an exception for concealed carry there. The fact that it says concealed does not prohibit carrying openly there, their law against open carry does.

It recognizes all states' carry licenses or permits.

Interesting. If one chooses to interpret "terms" as any word that appears on the license itself, Indiana would not recognize permits, only licenses.
I suggest that "according to the terms thereof" must mean something more specific than the mere words that appear on the llicense.

Indiana requires a license, but recognizes foreign licenses.

Indeed.

If your foreign license requires concealed carry, then you have to follow it in Indiana. The question is whether the license requires concealed carry, or merely allows it. If it only allows but does not require it, then open carry away.

I've yet to see an example of a carry license that itself has the power to restrict carry method rather than excepting the licensee from some legal prohibition.

I'm still interested in verifying if such a hypothetical licensing scheme actually exists.

 

[Kirk Freeman]

I've yet to see an example of a carry license that itself has the power to restrict carry method rather than excepting the licensee from some legal prohibition.

A carry license from such places as NV or CA (and several foreign countries) will restrict the licensee to certain firearms which are listed on the license itself.

A rare duck, but they exist.

I suggest that "according to the terms thereof" must mean something more specific than the mere words that appear on the llicense.

This is problematic as the General Assembly cared not to define it and the Court of Appeals has of yet been called upon to define it.

If I get hired, I'll call ATM and he can coach me on the best way to roll around on the floor and froth at the mouth.

 

[ATM]

You're just jealous of how dapper I look in my suit.

 

[Kirk Freeman]

You're just jealous of how dapper I look in my suit.

Not calling you a chimp . . . more of a gibbon.

 

[ATM]

A carry license from such places as NV or CA (and several foreign countries) will restrict the licensee to certain firearms which are listed on the license itself.

A rare duck, but they exist...

That might be an example of possible significance, and by that I mean arguable, not a given

...but carry method (concealment or lack thereof in particular) is an entirely different sort of duck IMO.

 

[ModernGunner]

Seems to me that the simple act of just carrying concealed (with the IL license) would prevent any potential issue.

Whether or not this cop or that cop could or would make an issue of it isn't really the issue.

I think we all know that IF it would become an issue it would be a negative issue for IL licensees (headline: "IL CCW Holder Arrested In IN For Illegal Carry"), and a negative issue for Indiana as well, with Indiana being somehow seen as 'overly permissive' or 'overly lenient on crazy pro-gun nuts'. Especially if it would be the first such incident. Big news media hype, big rantings from the rabid anti-gun loons, eh?

JMO, but why bother making it an issue at all?

 

[ATM]

...JMO, but why bother making it an issue at all?

Some folks scrutinize the boundaries of laws looking for the safest way to stay well within them.

Others scrutinize the boundaries of the law ensuring that maximum liberty is retained and no ground is ceded unnecessarily.

To each their own, I simply enjoy arguing.

 

[Expat]

If I get to go down to the convention, I am going to feel like my wife deciding on what to wear, when it comes to picking out the appropriate sidearm and holster...

 

[actaeon277]

If I get to go down to the convention, I am going to feel like my wife deciding on what to wear, when it comes to picking out the appropriate sidearm and holster...

I laughed.
out loud.

 

[adws943]

I have an Indiana LTCH but in Florida I must conceal but Indiana is silent on type pf carry. I am sure I would not be able to open carry in Florida.
Is it not wisest to follow the rules of the state in which you are located?

 

[Kirk Freeman]

I am sure I would not be able to open carry in Florida.

Are you fishing while in Florida?