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  • reesez

    Sharpshooter
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    Nov 25, 2012
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    Chevyville
    Let's say I decided I wanted to carry a long gun for self defense until my LTCH comes in. I have an sks with duckbill 30rd mag. Would it be legal if it is 922r compliant? As long as one is not in the chamber?

    Just wondering. Did a search and got nothing really. Informative replies appreciated.
     

    GodFearinGunTotin

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    Mar 22, 2011
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    Mitchell
    I believe it is. But if you think MWAG calls are to be expected when you carry with a drop-leg holster, ask TF about going about with a long gun slung over your back.

    ;)
     
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    Jan 7, 2011
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    Jeffersonville
    What is a "duckbill" magazine??

    images


    To the OP - yes, carrying a long arm without an LTCH is legal in Indiana, as long as you have not lost the right (no felonies, etc). 922r compliance has nothing to do with it... if the rifle is not 922r compliant, it is not legal to possess period, let alone carry.

    Sadly, you can pretty much expect to be harassed for doing so....
     

    KW730

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    Sep 18, 2012
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    Also be aware that the 1000 foot perimeter around school zones is off limits to you as well since you do not have an LTCH.

    If you do have an LTCH the 1000' perimeter does not apply, even with a long gun, correct?
     

    KW730

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    I would like to see some IC on that as well. There are not many places in Evansville that you could walk to and not be within a 1000 feet of a school.

    It's part of the Federal Gun Free School Zone Act. Indiana law allows for an exception to that rule if you are legally allowed to carry a handgun. Still not sure if it allows the carry of long guns within that range.
     

    reesez

    Sharpshooter
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    Nov 25, 2012
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    Chevyville
    The Gun Free School Zones Act of 1990 (18 U.S.C. § 922(q)) states:
    (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
    (B) Subparagraph (A) does not apply to the possession of a firearm—
    (i) on private property not part of school grounds;
    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
    (iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;
    (iv) by an individual for use in a program approved by a school in the school zone;
    (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
    (vi) by a law enforcement officer acting in his or her official capacity; or
    (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
    (3) (A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. (B) Subparagraph (A) does not apply to the discharge of a firearm—
    (i) on private property not part of school grounds;
    (ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;
    (iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
    (iv) by a law enforcement officer acting in his or her official capacity.
    (4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.
    [edit]Definitions
    Pursuant to 18 U.S.C. § 921(a)(25) the term "school zone" means—
    (A) in, or on the grounds of, a public, parochial or private school; or
    (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
    Pursuant to 18 U.S.C. § 921(a)(26) the term "school" means a school which provides elementary or secondary education, as determined under State law.

    It says that as long as your firearm is in your home not school grounds you are safe. I think I am 1500 ft from an elementary school though.
     

    reesez

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    Nov 25, 2012
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    Chevyville
    IC 35-47-9-1
    Exemptions from chapter
    Sec. 1. This chapter does not apply to the following:
    (1) A:
    (A) federal;
    (B) state; or
    (C) local;
    law enforcement officer.
    (2) A person who has been employed or authorized by:
    (A) a school; or
    (B) another person who owns or operates property being used by a school for a school function;
    to act as a security guard, perform or participate in a school function, or participate in any other activity authorized by a school.
    (3) A person who:
    (A) may legally possess a firearm; and
    (B) possesses the firearm in a motor vehicle that is being operated by the person to transport another person to or from a school or a school function.
    As added by P.L.140-1994, SEC.11.
    IC 35-47-9-2
    Possession of firearms on school property, at school function, or on school bus; felony
    Sec. 2. A person who possesses a firearm:
    (1) in or on school property;
    (2) in or on property that is being used by a school for a school function; or
    (3) on a school bus;
    commits a Class D felony.
    As added by P.L.140-1994, SEC.11.
     

    KW730

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    Sep 18, 2012
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    IC 35-47-9-1
    Exemptions from chapter
    Sec. 1. This chapter does not apply to the following:
    (1) A:
    (A) federal;
    (B) state; or
    (C) local;
    law enforcement officer.
    (2) A person who has been employed or authorized by:
    (A) a school; or
    (B) another person who owns or operates property being used by a school for a school function;
    to act as a security guard, perform or participate in a school function, or participate in any other activity authorized by a school.
    (3) A person who:
    (A) may legally possess a firearm; and
    (B) possesses the firearm in a motor vehicle that is being operated by the person to transport another person to or from a school or a school function.
    As added by P.L.140-1994, SEC.11.
    IC 35-47-9-2
    Possession of firearms on school property, at school function, or on school bus; felony
    Sec. 2. A person who possesses a firearm:
    (1) in or on school property;
    (2) in or on property that is being used by a school for a school function; or
    (3) on a school bus;
    commits a Class D felony.
    As added by P.L.140-1994, SEC.11.

    I don't believe that is the correct code. That is for possession on school property, not within 1000' of school property.
     

    KW730

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    Sep 18, 2012
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    The 1000' feet law is federal and posted above it.
    I thought there was a specific exemption in the IC that allowed LTCH holders to bypass the 1000' rule but that may be enumerated in the federal law.
     
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