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Old February 5, 2009, 03:52 PM   #1
schmieg
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Indiana Non-Resident Carry

I have an Ohio Concealed Handgun License and have been carrying in Indiana for some time now as that state recognizes all other states' licenses. However, an issue has just been raised in the OFCC forums about the Indiana statute recognizing out of state licenses.

The Indiana statute states that out of state license will be recognized according to their terms. I am a retired attorneey and I read that to mean that if the state issues a license only for handguns, that is all that will be allowed. However, another poster stated that he had spoken to the State Police and was told that the foreign state's laws would appliy. I've never seen an interpretation of this type before and I'm wondering if anyone has any information in this regard. For example, in Ohio, the license does not allow someone to carry in a restaurant where liquor is being consumed. This restriction is not present in Indiana. I know that Kentucky, Pennsylvania, West Virginia, Virginia and other states do not so restrict foreign licensees and I would really be surprised if Inidana does as well, but I am the cautious type. I could find nothing enlightening in the Indiana code or case law.

Any information would be greatly appreciated.
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Old February 5, 2009, 04:13 PM   #2
NavyLT
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You have a driver's license valid in a state which allows right turn on red light. You drive in a state which does NOT allow right turn on red light. Does that mean because the state you driver's license is from allows it that you can now do it in the prohibited state? NO.

The opposite is also true. If your state forbids right turn on red, does that mean that you cannot do it in a state that does allow it because your drivers license state prohibits it? NO.

Same way with concealed pistol permits. Your Ohio CHL allows you to carry in a manner, in Indiana, that an Indiana resident with an Indiana license may carry, nothing more, nothing less. You must obey the state laws of the state you are physically located in, not where your license is from.

It has to do with the terms of your actual license, not the terms of your home state's laws. For instance, if you license specifies a caliber limit on the license itself, the caliber limit is still a term of that license in Indiana. If the license itself states handguns only, then the handguns only restriction would apply, but if the handguns only restriction is somewhere else in your state's laws, and not on your license, then that restriction would not apply, because that is a separate statute and not a term of your license. Expiration date would also be a term of your license. Just like the driver's license - corrective lenses, weight restrictions, hours restrictions, etc would still apply, but not your home state's rules of the road.

INAL, though, just an internet amateur.

Last edited by NavyLT; February 5, 2009 at 04:23 PM.
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Old February 6, 2009, 12:40 AM   #3
schmieg
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Your response was my initial one as well, but a legislature and courts can do all kinds of strange things. It would depend on how the Indiana courts would intepret "terms." However, Indiana is a carry friendly state and I would be very surprised if the courts and the police wanted to take notice of the laws of all of the other states that issue licenses.

The poster on the other forum was very adamant about what the ISP told him, but I suspect he misunderstood what they told him. I just thought that I would see if I could find any substantiation of his position.
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Old February 6, 2009, 11:43 AM   #4
NavyLT
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Quote:
I just thought that I would see if I could find any substantiation of his position.
I doubt there is any. When in Rome, do as the Romans do.
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Old March 2, 2009, 10:24 PM   #5
chadwick76
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check out handgunlaw.us this should answer any questions. it's what i go to for any ques. however, being an indiana resident, i do agree that if you follow our laws, you will be o.k., and sounds like you are pretty educated on the matter. good luck.
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Old March 2, 2009, 10:35 PM   #6
Webleymkv
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Quote:
The Indiana statute states that out of state license will be recognized according to their terms. I am a retired attorneey and I read that to mean that if the state issues a license only for handguns, that is all that will be allowed.
As far as I know, handguns are the only type of firearm which require a state liscence to carry in Indiana. Loaded longarms, such as rifles and shotguns, may not be legally carried concealed or otherwise as far as I know with or without a liscence. Therefore, whether Ohio allows you to legally carry a longarm or not is irrelevant as it is illegal for both residents and nonresidents to do so in the state of Indiana.
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Old March 3, 2009, 09:35 AM   #7
model67a
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handgun laws

You may already know this but you can go to the NRA/ILA website and ge the laws of all of the states. stay safe
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Old March 3, 2009, 02:31 PM   #8
KSFreeman
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Retired attorney? You mean we get to retire some day?

Schmieg, I tell my guys that "terms of the license" means carry how you do at home. Some states and countries require carrying a certain pistol, carry that certain pistol here. Some states, like Tejas, require a dress code. Thus, cover up and dress in little elf boots and a big silly hat as Tejas law requires. Some states, like Texas, make distinctions between revolvers and self-loaders. Carry what your license allows.

The terms of the Ohio license require that you conceal, advise the po-po if you get pulled over, inter alia. Do that here.

Is Ohio's tavern prohibition a term of the license or a separate statute?
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