Indiana Open Carry?

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family5

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Where can I find a copy of the law that says that you can openly carry in Indiana? I have a friend on the local sherrif dept. that says it must be concealed. Please help. Thanks!
 
family5 said:
Where can I find a copy of the law that says that you can openly carry in Indiana? I have a friend on the local sherrif dept. that says it must be concealed. Please help. Thanks!
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Concealed or not concealed is not mentioned in the laws. Only that you must have the LTCH to have one in your possession when outside your home or business. It is a Licence To Carry Handgun, not CCW (or any of a dozen or so similar titles)

The better thing to do is to ask HIM where does it state it must be concealed...
 
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family5 said:
Where can I find a copy of the law that says that you can openly carry in Indiana? I have a friend on the local sherrif dept. that says it must be concealed. Please help. Thanks!
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If it is not prohibited by any statute,anything for that matter, it is allowed..
 
The Indiana Code does NOT address the method of carry, therefore one may carry concealed or open, but you must be in possession of a License to Carry a Handgun, in order to use either method.
 
re: Open Carry in Indiana

I used to live in Indianapolis, and worked security there. The sheriff or chief of police issues a License to Carry a Handgun. How you carry it is up to you. you have the option of carrying open or concealed.
 
wuzfuz said:
I used to live in Indianapolis, and worked security there. The sheriff or chief of police issues a License to Carry a Handgun. How you carry it is up to you. you have the option of carrying open or concealed.
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The local authority begins the paperwork, forwards it to the State Police, and then the Superintendent of the Indiana State Police Issues the License.

IC 35-47-2-3
 
family5 said:
Where can I find a copy of the law that says that you can openly carry in Indiana? I have a friend on the local sherrif dept. that says it must be concealed. Please help. Thanks!
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Have friend show you where it says you must conceal. :no:
 
I had an associate, a former LEO, notice one morning that I was carrying openly. Granted, I was standing on my property, but I'd met him elsewhere earlier, and he came over to my place for some business. He asked me why I was carrying that thing, and did I know that it has to be concealed? I told him that it didn't have to be. He tried to argue, so I whipped out my LTCH and asked him to show me where it said concealed on there. He looked it over (he's got his, too, but he wasn't carrying on his person, it was probably in his truck) and handed it back to me saying that it was implied. I told him that it's not implied, the law is silent on the issue. This means that the law doesn't specify, and that means that either is legal, since the law isn't what makes things legal (exclusive) but illegal (inclusive). He didn't quite know what to say on that, so he dropped it.

I know that this issue has been brought up before amongst the group of friends we're both associated with, so I'm surprised that he attempted to BS me. He's very pro gun and pro carry, but was ignorant on the issue, or not willing to hear the truth. I hope I changed that, not sure of it though.
 
There's a reason we have two completely separate professions which go by two completely different names. Lawyer. Police Officer.

Lawyers generally don't have years and years of training in how to investigate crimes, nor are they invested with powers of arrest.

Police Officers generally don't have years and years of training in interpretting the law, nor are they invested with powers of subpoena.

I would never ask a lawyer to arrest somebody, and I would never ask a cop to tell me what the law means.
 
CathyInBlue said:
There's a reason we have two completely separate professions which go by two completely different names. Lawyer. Police Officer.

Lawyers generally don't have years and years of training in how to investigate crimes, nor are they invested with powers of arrest.

Police Officers generally don't have years and years of training in interpretting the law, nor are they invested with powers of subpoena.

I would never ask a lawyer to arrest somebody, and I would never ask a cop to tell me what the law means.
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+1 for a brilliant post!
 
Aqua1man said:
check out IN open carry ... OpenCarry.org - A Right Unexercised is a Right Lost! ...
from what I have read on that site, you may carry open or concealed but you must have a permit to carry either way. KY you may carry open without a permit...again according to what i read on the website
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Just to clarify.... if you search the Indiana code looking for authorization to open carry in Indiana, you won't find it. Open carry in Indiana (with a License to Carry a Handgun) is legal ONLY because the Indiana Code is silent on the issue.
 
Jay said:
Just to clarify.... if you search the Indiana code looking for authorization to open carry in Indiana, you won't find it. Open carry in Indiana (with a License to Carry a Handgun) is legal ONLY because the Indiana Code is silent on the issue.
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Exactly.

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.
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One more tidbit......

"without a license issued under this chapter being in the person's possession."
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But, if you should forget your license.......


IC 35-47-2-24
Indictment or information; defendant's burden to prove exemption or license; arrest, effect of production of valid license, or establishment of exemption
Sec. 24. (a) In an information or indictment brought for the enforcement of any provision of this chapter, it is not necessary to negate any exemption specified under this chapter, or to allege the absence of a license required under this chapter. The burden of proof is on the defendant to prove that he is exempt under section 2 of this chapter, or that he has a license as required under this chapter.
(b) Whenever a person who has been arrested or charged with a violation of section 1 of this chapter presents a valid license to the prosecuting attorney or establishes that he is exempt under section 2 of this chapter, any prosecution for a violation of section 1 of this chapter shall be dismissed immediately, and all records of an arrest or proceedings following arrest shall be destroyed immediately.
As added by P.L.311-1983, SEC.32.
 
I have my Indiana Permit, and I had to take a class to get my Utah Non Resident Permit - I think the police in Indiana should have to take a class on how we are allowed to carry in Indiana.:fie:
 
I just stumbled upon this thread and I'm going to give my response, which has probably already been posted. Indiana, like Michigan, is "silent" regarding open carry. There's no law that says it's legal, but there's no law that says it's ILLEGAL, which actually makes it a legal activty....no law saying that you can't OC - period. I've spent time in Indiana while openly carrying, after communicating with the Indiana State Police on the issue.
 
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