There are some slight changes or clarifications in the law. There are two (2) components to the pre-506 and post-506 law. The first is the means by which a handgun is transported to a dealer for repair. The second is the handling (carry) of the firearm when returned at the dealer.
Under the laws repealed (invalidated) by Indiana Senate Bill 506, a person did not need a License to return a handgun to a dealer for repair. However, he or she had to transport the handgun unloaded and in a “secure wrapper” to the place of repair.
The requirements of a ... Read More
Category: Indiana Senate Bill 506
17
May2011
17
May2011
The answer appears to be “yes.”
In Indiana, we recognize all licenses to carry issued by other states. However, this should not be confused with a firearms registration card. It must be a license to carry, but the holder would nevertheless have to follow Indiana law. That is a separate statutory provision.
What SB 506 appears to do is acknowledge what is already occurring at public shooting ranges and private shooting classes. At public ranges, non-License holders have routinely been arrested and convicted for carrying a handgun without a license. A range is not one’s dwelling, property or fixed place ... Read More
17
May2011
In many factual circumstances, the answer is “yes.”
Indiana Senate Bill 506 appears to change Indiana law on where a License is required to carry a handgun; or minimally clarify ambiguous places where carry was hard to determine if lawful without a License in the past.
One of the many gun shows that occur virtually every weekend in Indiana provides an apparent example of how this new law might be applied. For instance, assuming a patron lawfully transports a handgun to the gun show to sell, under the current state of the law (before SB 506 becomes actual law later in ... Read More
17
May2011
The penal law for the “property” exception (where a License was not required to lawfully carry a handgun) was not well defined before SB 506 was enacted. The statute merely set out that a License was not required to carry “on the person’s property.”
Very few reported appellate cases addressed this exception directly or indirectly. Namely, there was virtually no guidance as to what constituted a “person’s property.”
In previous edition’s of Bryan Ciyou’s books on Indiana firearms’ laws, a conservation analysis was provided and continued through subsequent editions. Under this analysis, “property” would necessarily be “real property”, not personal property ... Read More
17
May2011
It does not apply. Other firearms, typically long guns, such as rifles and shotguns, are regulated by other civil and criminal laws and local ordinances.
This is a common misunderstanding that may continue after Indiana Senate Bill 506 becomes law. This is because handguns, generally speaking, are not as lethal as long guns. Some reason that a License must apply to the carry of a long gun if they are more dangerous. Nevertheless, a License to Carry a Handgun only applies to carrying a handgun.
The reason handguns have been signaled out for such additional and lawful regulation is because they are ... Read More
17
May2011
No. These are very different concepts. In Indiana, a License allows a person to carry a handgun or handguns anywhere he or she is lawfully allowed to within the State. The License is indexed to the person: namely, is he or she a “proper person” of “good character and reputation” with a “proper reason” for a License.
If so, upon proper application, the Superintendent of the Indiana State Police shall issue the person a License to Carry a Handgun.
No handgun registration is required under Indiana law. For this reason, a Licensee may carry any handgun he or ... Read More
07
May2011
"How are the Indiana gun laws made in the Legislature? What do the Indiana Legislators do to make sure they pass the right laws and make necessary changes to the law?"
Just 10 years ago, I couldn’t even begin to answer these questions. In fact, my unanswered personal gun-law questions were far easier but nagged at me without the ability to find ready answers. For example, where could or couldn’t I carry a handgun with my Indiana unlimited License to Carry.
As some of you know, I am an Indiana attorney with a life-long interest in firearms. After much consideration based on ... Read More