person visiting IN, legal HG transportation Q

[rvb]

Practical variation on un-licensed handgun transportation topic...

If someone from another state is visiting another person who is an IN resident, does the FOPA safe passage (926A) apply? Assumption is the visiting person does not have any form of permit from their home state.

My interpretation has been that it is legal for the person to posess the guns in their home state, and legal to posess them at their destination in IN, so transporting them into IN as part of the trip accross state lines into/out-of IN is ok.

My only concern is the wording of 926A, specifically "from any place ... to any other place where he may lawfully possess and carry such firearm.

"and carry" implies since transportation is not legal for that person in IN, then FOPA does not apply? Or does "any other place" mean if the visitor can carry it the end private residence/property, it is still ok?

Thoughts?

full 926A text:
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

-rvb

 

[Bill B]

IANAL, but it seems that a person cannot legally "possess and carry" a handgun in Indiana without a license, so they would not be covered if thier destination was in Indiana.

 

[Boilers]

I thought you were asking about hydrargyrum.

 

[LawDog76]

I take it that if they are not required to have a License/Permit to carry in public in their home state and their drivers license is also the said state, they should be fine in Indiana under 926A.

Basically I'm not going to give them any grief over it because I believe it's legal but you and I know that there will be officers that will cause them all kinds of problems. Personally I'd advise calling the Police Dept at their end destination here in Indiana and get their opinion from a COMMANDING officer (Not a dispatcher) and document the name.

 

[finity]

The technical difficulty comes when you read the handgun carry law:

IC 35-47-2-1
Carrying a handgun without a license or by person convicted of domestic battery
Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possession.
(b) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun in any vehicle or on or about the person's body in the person's dwelling or on the person's property or fixed place of business.

Section 1.(a) says that it is illegal to carry a handgun in the state of IN UNLESS the person is on THEIR OWN property without a LTCH.

If you don't have an out of state equivalent to the LTCH & you are transporting a handgun to SOMEONE ELSE'S property (hence illegal) you would not be protected by FOPA.

Now, I will add that IF you are lucky enough to not get caught while enroute to the other person's property you, in all likelyhood, won't have a problem when you get there. Most cops aren'ty going to enter onto someones property just to check if all people who are present either live there or have their LTCH's UNLESS they have some other reason to be there (IOW, don't get stupid).

I'm not suggesting that you do it & I'm saying that you will probably get arrested if you're caught. Just that you should be OK if you successfully "run the gauntlet" & make it to your buddy's house.

Good luck.

 

[LawDog76]

The technical difficulty comes when you read the handgun carry law:



Section 1.(a) says that it is illegal to carry a handgun in the state of IN UNLESS the person is on THEIR OWN property without a LTCH.

If you don't have an out of state equivalent to the LTCH & you are transporting a handgun to SOMEONE ELSE'S property (hence illegal) you would not be protected by FOPA.

Now, I will add that IF you are lucky enough to not get caught while enroute to the other person's property you, in all likelyhood, won't have a problem when you get there. Most cops aren'ty going to enter onto someones property just to check if all people who are present either live there or have their LTCH's UNLESS they have some other reason to be there (IOW, don't get stupid).

I'm not suggesting that you do it & I'm saying that you will probably get arrested if you're caught. Just that you should be OK if you successfully "run the gauntlet" & make it to your buddy's house.

Good luck.

So what do you do if your home state is a "Free to Carry at Will" state. Basically does NOT issue a LTCH. Indiana honors everyone else LTCH/CCW. By living in a "Free to Carry at Will" state, you have a permit to carry just by being 21. Their home state ID proves they are 21 so one may argue that is also their permit to carry.

 

[SemperFiUSMC]

So what do you do if your home state is a "Free to Carry at Will" state. Basically does NOT issue a LTCH. Indiana honors everyone else LTCH/CCW. By living in a "Free to Carry at Will" state, you have a permit to carry just by being 21. Their home state ID proves they are 21 so one may argue that is also their permit to carry.

As I remember from my LE days if the state has no permit (VT, AZ, AK) their residents were not permitted to carry a handgun in Indiana.

 

[LawDog76]

As I remember from my LE days if the state has no permit (VT, AZ, AK) their residents were not permitted to carry a handgun in Indiana.

I was under the impression it was for states like Ohio back when they did not issue permits and you couldn't carry in public.

 

[finity]

So what do you do if your home state is a "Free to Carry at Will" state. Basically does NOT issue a LTCH. Indiana honors everyone else LTCH/CCW. By living in a "Free to Carry at Will" state, you have a permit to carry just by being 21. Their home state ID proves they are 21 so one may argue that is also their permit to carry.

You would only meet one half of the requirements to be protected by FOPA. You would be legal to carry in your home state but not in IN so no protection.

I guess if the state would put the statement on their ID's that it is also a permit then you would be Ok. Barring that I think you would have problems here.

As I remember from my LE days if the state has no permit (VT, AZ, AK) their residents were not permitted to carry a handgun in Indiana.

^this.

 

[Bill B]

The last time I was at Willow Slough there was a sign that said Illinois residents could not legally possess a handgun in Indiana because a FOID card is not a LTCH or CCP. Granted that was two years ago, but I think the principle still stands.