Quick reference guide for handgun and self defense laws

[jason867]

Hey guys. I'm trying to compile a quick reference card for all of the vague handgun and self defense laws of Indiana.

With the end result I hope to have something that can be quickly referenced and easily understood. I tried to prune out anything that is obvious or isn't needed. And I tried to keep it in plain English without all of the legal jargon.

Here is what I go so far;

Indiana Law Guidelines for Handguns and Self Defense
·[FONT=&quot] [/FONT]You must carry your handgun permit anytime you are transporting your handgun.
·[FONT=&quot] [/FONT]Do not point your handgun at anyone, this is called ‘brandishing’, and is against the law.
·[FONT=&quot] [/FONT]No weapons of any kind on aircraft or in, on, or around airports.
·[FONT=&quot] [/FONT]No firearms on school property, unless you have your license and are picking up or dropping off a person at the school and you and the firearm remain in the vehicle.
[FONT=&quot]o[FONT=&quot] [/FONT][/FONT]This does not seem to apply to colleges, although they usually ban weapons also.
·[FONT=&quot] [/FONT]Cities and towns may have their own ordinances concerning weapons.
·[FONT=&quot] [/FONT]You can use deadly force (firearms & knives) to prevent;
[FONT=&quot]o[FONT=&quot] [/FONT][/FONT]Serious bodily injury to yourself or someone else,
[FONT=&quot]o[FONT=&quot] [/FONT][/FONT]A threat of deadly force, or bodily injury, to yourself or someone else;
[FONT=&quot]o[FONT=&quot] [/FONT][/FONT]Someone from breaking in or damaging your home, or the car you are currently in,
[FONT=&quot]o[FONT=&quot] [/FONT][/FONT]Trespass on with unlawful force, or criminal interference with, a property you or your family own, or a property that you are authorized to protect,
[FONT=&quot]o[FONT=&quot] [/FONT][/FONT]An airplane hijacking.

So what do you guys think? I'm counting on you guys to point out anything that is incorrect or needs to be re-worded. Once again, I left out some details that I felt were obvious and un-needed, so this is obviously not comprehensive.

Disclaimer: This is not legal advice and I will not be held responsible if the contents of this post or other posts mislead you or somehow harm you.

 

[jason867]

The formatting is not 100% correct in the quote. It looks a lot better in Word

 

[ATF Consumer]

It's a license, not a permit.

 

[Goodcat]

These are from my readings and understandings, anyone can correct me if I'm wrong below.

1. It's LTCH, not permit

2. Brandishing is not a law in Indiana, but there are plenty of other charges that could stack up on you for doing this.

3. No firearms on school property, PERIOD. Doesn't matter if you are picking someone up.

 

[JohnP82]

i thought you could have your gun on school property if you are picking up or dropping off your child as long as you do not exit your vehicle. also cannot leave the gun in the vehicle. someone correct me if im wrong.

 

[Lars]

i thought you could have your gun on school property if you are picking up or dropping off your child as long as you do not exit your vehicle. also cannot leave the gun in the vehicle. someone correct me if im wrong.

This is true. If you remain in the car, and the firearm remains in the car. You can have the weapon on your person while you drop children off, or pick them up.

 

[ATM]

Just a couple more suggestions:

No weapons of any kind on aircraft or in, on, or around airports.

More accurately: No firearms carry on commercial aircraft or in secure areas of airports.

This does not seem to apply to colleges, although they usually ban weapons also.

I would omit this since colleges' rules are not relevant to Indiana Law Guidelines.

 

[jason867]

ok, revisions made.

Indiana Law Guidelines for Handguns and Self Defense
·You must carry your handgun license anytime you are transporting your handgun.
·Do not point your handgun at anyone unless you intend to use justified deadly force.
·No firearms carry on commercial aircraft or in secure areas of airports.
·No firearms on school property, unless you have your license and are picking up or dropping off a person at the school and you and the firearm remain in the vehicle.
·Cities and towns may have their own ordinances concerning weapons.
·You can use deadly force (firearms & knives) to prevent;
[FONT=&quot]o[/FONT]Serious bodily injury to yourself or someone else,
[FONT=&quot]o[/FONT]A threat of deadly force, or bodily injury, to yourself or someone else;
[FONT=&quot]o[/FONT]Someone from breaking in or damaging your home, or the car you are currently in,
[FONT=&quot]o[/FONT]Trespass on with unlawful force, or criminal interference with, a property you or your family own, or a property that you are authorized to protect,
[FONT=&quot]o[/FONT]An airplane hijacking.

Any other suggestions?

edit: maybe I should get rid of the "airplane hijacking" because we're not allowed to carry on there anyway? And it kinda falls into "preventing bodily injury to others" if you did happen to have a gun.

 

[jeremy]

tag

 

[Kirk Freeman]

You must carry your handgun permit anytime you are transporting your handgun.

Probably a good idea, but not correct as a matter of law.

Do not point your handgun at anyone, this is called ‘brandishing’, and is against the law.

Incorrect. See (and obey) Kirk's First Law of the Internet.

Indiana has Pointing a Firearm (unloaded, misdemeanor; loaded, felony).

Indiana Code 35-47-4-3.

Cities and towns may have their own ordinances concerning weapons

Partially correct. Depends on what the ordiance entails and when it was passed.

oSomeone from breaking in or damaging your home, or the car you are currently in

A little broad. It would be in your best interests to consult with an attorney concerning use of force.

3. No firearms on school property, PERIOD. Doesn't matter if you are picking someone up.

Incorrect. Look at Indiana Code 35-47-9-1 (specifically 35-47-9-1(3)(B)).

 

[jason867]

I understand you can transport your handgun only to your residence, or to a place for repair, or to a new residence when you're moving, when you do not have a license.

I changed the "pointing a handgun" portion to include "justified deadly force" which is the only reason to point a handgun.

The mention of the city/town ordinances is only to remind people that this can vary from from city/county to city/county.

 

[jedi]

ok, revisions made.
Any other suggestions?

edit: maybe I should get rid of the "airplane hijacking" because we're not allowed to carry on there anyway? And it kinda falls into "preventing bodily injury to others" if you did happen to have a gun.

GREAT WORK!!! +1 for this! Would it be possible once the text is all ironed out to make it into a WORD file (biz card size).

Indiana Law Guidelines for Handguns and Self Defense
·You must carry your handgun license anytime you are transporting your handgun.
·Do not point your handgun at anyone unless you intend to use justified deadly force.
·No firearms carry on commercial aircraft or in secure areas of airports.
·No firearms on school property, unless you have your license and are picking up or dropping off a person at the school and you and the firearm remain in the vehicle.
·Cities and towns may have their own ordinances concerning weapons which affect you when on city/town real property (ie. bldgs) or property owned by them (ie. parks).
·You can use deadly force (firearms & knives) to prevent;
[FONT=&quot]o[/FONT]Serious bodily injury to yourself or someone else,
[FONT=&quot]o[/FONT]A threat of deadly force, or bodily injury, to yourself or someone else;
[FONT=&quot]o[/FONT]Someone from breaking in or damaging your home, or the car if you are currently inside home/car,
[FONT=&quot]o[/FONT]Trespass on with unlawful force, or criminal interference with, a property you or your family own, or a property that you are authorized to protect,
[FONT=&quot]o[/FONT]An airplane hijacking.

@All this is not legal advise but more general FAQ reminders on the law.

 

[Bastispah]

if you can't take it on an airplane, how can you use it to prevent a hijacking? BTW a guy on here is taking his pistol to Arizona with him, apparently it is legal Thanks for the info!

 

[jedi]

if you can't take it on an airplane, how can you use it to prevent a hijacking? BTW a guy on here is taking his pistol to Arizona with him, apparently it is legal Thanks for the info!

It is LEGAL to have a gun on a plane IF AND ONLY IF you declare and check the firearm into checked baggage. YOU CANNOT CARRY THE FIREARM ON YOUR SELF/BAG/ETC IN THE PART OF THE PLANE WHERE YOU SIT. The "concept" is that a passanger cannot get to the checked baggage area since it's not "easlly" accessable when on a flight.
That is how the guy flying to AZ is doing it. Note that your starting and ending point of your flight must allow you to legally posses the gun.


You could use your gun to prevent a private plane jacking. Yes it's sort of conluted that they allow you to prevent plane jacking with a gun but you can't have a gun in a secure airport where most planes are at. Just a bit of double talk in the law.

 

[jason867]

I have it all ironed out now, I believe.

I've got it set up in a word 2007 file. It's arranged in a 2 column table that will allow you to print out a handful of business cards.

Once printed, you fold the page in half (carefully and accurately so that the cards line up right) and then cut the cards out. Then laminate or tape to keep the card folded.

PM me your emails if you want a copy. If you don't have word I can probably email a PDF instead.

 

[jason867]

by the way, please understand that this contribution is not to be considered legal advice in any way, shape, or form.

 

[Timjoebillybob]

It is LEGAL to have a gun on a plane IF AND ONLY IF you declare and check the firearm into checked baggage. YOU CANNOT CARRY THE FIREARM ON YOUR SELF/BAG/ETC IN THE PART OF THE PLANE WHERE YOU SIT. The "concept" is that a passanger cannot get to the checked baggage area since it's not "easlly" accessable when on a flight.
That is how the guy flying to AZ is doing it. Note that your starting and ending point of your flight must allow you to legally posses the gun.

Close, the starting and ending points of your journey must allow you to legally posses the gun, the INGO member referred to in this thread that is going to AZ is leaving IN (legal) going into Chicago(illegal) to board the plane to AZ (legal). There was legal decision to that effect but I can't find it at the moment, an attorney was catching a connecting flight in NY and was arrested, he was convicted but it was overturned on appeal, they found he was covered under the peacable journey law. It would work the same if he was leaving IN going to Chicago to board a plane to CA and renting a car at the airport to drive directly to AZ. As long as you don't make any stops that are not required to continue your journey your safe.

You could use your gun to prevent a private plane jacking. Yes it's sort of conluted that they allow you to prevent plane jacking with a gun but you can't have a gun in a secure airport where most planes are at. Just a bit of double talk in the law.

It's not that you can use a firearm, it's that you can use deadly force. So if your a master ninja and can kill with a finger go for it, or if you happen to "need" a cane feel free to bash in the hijackers head, or stick a pen in their eye/neck etc. Myself I'd rather just be allowed to carry on the plane but that's just me.

End threadjack.

 

[Bill of Rights]

I'd leave the part about the hijacking. Just because you are not using a specific weapon (gun or knife) does not mean you are not using deadly force. For one example, I could imagine a SEAL-type breaking the hinge off a briefcase and using it to stab a hijacker in the neck if it would end the threat to himself and his fellow passengers...though for that matter, such a person could likely be just as deadly with his bare hands, too.

Deadly force is not solely limited to guns.

Kudos to the OP for coming up with this idea. I might suggest having the IC cite next to each statement, if there is one.

Blessings,
Bill

 

[mk2ja]

Kudos to the OP for coming up with this idea. I might suggest having the IC cite next to each statement, if there is one.

That's exactly what I was going to say once I got to the end of the thread.

 

[jason867]

Well thanks guys...