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Carry Under Less Restrictions


tchostler

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As we well know, many FCCL holders have permits from other States. And as the Illinois license is more restrictive, it makes more since to carry in States like Indiana under a CCW from a State like Florida due to the fact that Indiana's carry law requires an out of state permit holder to carry under the provisions of that State's permit. So when I go to these States, I will carry under a permit issued by a State other than Illinois.
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As we well know, many FCCL holders have permits from other States. And as the Illinois license is more restrictive, it makes more since to carry in States like Indiana under a CCW from a State like Florida due to the fact that Indiana's carry law requires an out of state permit holder to carry under the provisions of that State's permit. So when I go to these States, I will carry under a permit issued by a State other than Illinois.

The general consensus I have heard from folks I know in Indiana, this is pole vaulting over mouse poop. But if it makes you sleep better at night, carry on...

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I did not realize open carry was legal in Florida.

 

790.053 Open carrying of weapons.—
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.

I believe they just changed the law to a "mostly concealed". Not sure about PA. AZ. or other states.

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As we well know, many FCCL holders have permits from other States. And as the Illinois license is more restrictive, it makes more since to carry in States like Indiana under a CCW from a State like Florida due to the fact that Indiana's carry law requires an out of state permit holder to carry under the provisions of that State's permit. So when I go to these States, I will carry under a permit issued by a State other than Illinois.

The general consensus I have heard from folks I know in Indiana, this is pole vaulting over mouse poop. But if it makes you sleep better at night, carry on...

 

Until a LEO sees you get into or out of your vehicle with Illinois plates?

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Someone tell me how it makes a difference in the state of IN if I am using a IL permit or a FL permit? I am supposed to follow IN laws when in IN regardless, right?

And if I have a FL permit, that does nothing for me when I am in IL.

I must be misreading the first post.

 

you are mis-reading the OP......I had to re-read it several times to understand the OP's misunderstanding....

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Someone tell me how it makes a difference in the state of IN if I am using a IL permit or a FL permit? I am supposed to follow IN laws when in IN regardless, right?

And if I have a FL permit, that does nothing for me when I am in IL.

I must be misreading the first post.

 

This thread will provide some background for you:

 

http://illinoiscarry.com/forum/index.php?/topic/48234-Carrying-in-Indiana

 

IN requires non-residents to abide by the laws of the state from which their carry license is issued. Seems counter to what we would expect, but that is how they've chosen to recognize non-resident permits.

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kwc is correct. If you carry in IN with an IL CCL you are required to carry in accordance with IL cc laws. My daughter lives in IN and they can carry just about anywhere except schools. I just came back from there and had to be vigilant as to where I was carrying. Didn't see any places posted there but I had to be careful where I was going because I was restricted to IL carry law.

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The terms therof: mine expires on such and such date, that is the expiration of my term. I do not know of any state that allows priviledges beyond what their own state law dictates.

 

To enforce the law as the OP's post implies would require Indiana LEO's to know not only the laws and restriction of each state, possession and territory, but also thw laws of any city, county, village or foreign nation or state.

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Someone tell me how it makes a difference in the state of IN if I am using a IL permit or a FL permit? I am supposed to follow IN laws when in IN regardless, right?

And if I have a FL permit, that does nothing for me when I am in IL.

I must be misreading the first post.

 

This thread will provide some background for you:

 

http://illinoiscarry.com/forum/index.php?/topic/48234-Carrying-in-Indiana

 

IN requires non-residents to abide by the laws of the state from which their carry license is issued. Seems counter to what we would expect, but that is how they've chosen to recognize non-resident permits.

 

It doesn't require you to abide by the laws of the state in which the permit is issued. It requires you to carry according to the requirements on the permit. There's no 23 types of prohibited areas just because it's like that in our home state. But the license specifies that Illinois is concealed carry only. That's what you have to follow.

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kwc is correct. If you carry in IN with an IL CCL you are required to carry in accordance with IL cc laws. My daughter lives in IN and they can carry just about anywhere except schools. I just came back from there and had to be vigilant as to where I was carrying. Didn't see any places posted there but I had to be careful where I was going because I was restricted to IL carry law.

 

Where did you hear that?

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IC 35-47-2-21

Recognition of retail dealers' licenses and licenses to carry handguns issued by other states

Sec. 21. (a) Retail dealers' licenses issued by other states or foreign countries will not be recognized in Indiana except for sales at wholesale.

(b ) Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.

 

You are required to carry under the terms of your license, not the terms of the law of your home state.

 

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kwc is correct. If you carry in IN with an IL CCL you are required to carry in accordance with IL cc laws.

That would be an interesting case. I guess Indiana would have to charge you with failure to obey a different state's law -- and, of course, if it were an Illinois law it would be one that hadn't even been tested in an Illinois court.

 

I'm guessing most Indiana officers will be satisfied if you simply have a valid license and are in compliance with the laws of the state they have sworn to uphold...

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kwc is correct. If you carry in IN with an IL CCL you are required to carry in accordance with IL cc laws. My daughter lives in IN and they can carry just about anywhere except schools. I just came back from there and had to be vigilant as to where I was carrying. Didn't see any places posted there but I had to be careful where I was going because I was restricted to IL carry law.

Where did you hear that?

 

 

 

This was just posted in another thread: http://www.in.gov/isp/files/General_Firearms_Information_updated_2_2013.pdf

 

 

Does Indiana honor handgun licenses from other states?

 

Yes. Indiana honors valid handgun licenses issued by other states according to the terms thereof. In other words, if your home state requires the weapon be concealed, then the weapon must be concealed in Indiana. If you cannot carry on your person in your vehicle in your home state, then you cannot do so in Indiana. Another example is Indiana does not prohibit Indiana personal protection permit holders from carrying in an establishment that serves or sells alcohol; however, if your state restricts you from these establishments, you would not be able to carry the handgun in the establishment legally in Indiana . Effective July 16, 2011, Indiana allows an individual (residents and non-resident) to carry a handgun in a vehicle without a license they legally possess or are a legal passenger of, if the handgun is:
1. Not accessible
2. Unloaded
3. In a secured case or keylocked mechanism.
Note: Illinois issues a Firearms Owners Identification (FOI) card. This card relates to the purchasing of firearms, not a permit to routinely carry a handgun and is therefore is not honored in Indiana as a license.
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My Utah permit states, "concealed", but the license is not a concealed carry license, it allows concealment but also alllows loaded open carry.

 

 

I'll stick with my license is with terms and carry-on. I have carried openly in IN on many occasion even chatting with IN dunes police with thier full knowlede I was from Illinois. They even advised a person complaining about my OC G21, that I was legal and to move along.

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kwc is correct. If you carry in IN with an IL CCL you are required to carry in accordance with IL cc laws.

That would be an interesting case. I guess Indiana would have to charge you with failure to obey a different state's law -- and, of course, if it were an Illinois law it would be one that hadn't even been tested in an Illinois court.

 

I'm guessing most Indiana officers will be satisfied if you simply have a valid license and are in compliance with the laws of the state they have sworn to uphold...

 

 

Exactly, the only charge would be to deem the license invalid and charge carrying a concealed weapon without a permit, wich would be a crimminal offense. Even though doing so in your home state may only be an adminisrative or civil penalty.

 

Show me the charge?

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In IL i am allowed to carry "concealed or mostly concealed" or is it: (1) carry a loaded or unloaded concealed firearm,

fully concealed or partially concealed, on or about his or her person if I have a valid permit and it is a handgun.

 

So in Indiana, is this what we are saying is the requirement? What about all of the Section 65 places and the signage requirements? The signs on Indiana won't be the same. It seems the laws on IN on off limits places would apply, not the IL laws on off-limits places.

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In IL i am allowed to carry "concealed or mostly concealed" or is it: (1) carry a loaded or unloaded concealed firearm,

fully concealed or partially concealed, on or about his or her person if I have a valid permit and it is a handgun.

 

So in Indiana, is this what we are saying is the requirement? What about all of the Section 65 places and the signage requirements? The signs on Indiana won't be the same. It seems the laws on IN on off limits places would apply, not the IL laws on off-limits places.

 

I suspect Indiana wrote their law this way intending to make things simple, assuming that non-residents wouldn't have to learn a new set of regulations.

 

For the most part, you should be able to comply with carry restrictions imposed by your IL CCL, since you've been trained and know which areas are off-limits and understand the meaning of "concealed or partially concealed" (at least as well as anyone can). But of course you won't have the benefit of signage to help you.

 

Realistically, I doubt LE is intimately familiar with laws of other states, and particularly some of the nuances of our own here in Illinois. Over time, they'll get to know IL laws a bit better.

 

Nevertheless, it is incumbent upon you as a law-abiding citizen to make a good faith effort to comply as written and try not to attract any unwanted attention.

 

Just my 2 cents...

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kwc is correct. If you carry in IN with an IL CCL you are required to carry in accordance with IL cc laws. My daughter lives in IN and they can carry just about anywhere except schools. I just came back from there and had to be vigilant as to where I was carrying. Didn't see any places posted there but I had to be careful where I was going because I was restricted to IL carry law.

AFAIK there is zero caselaw in Indiana to support this assertion. If it exists I'd sure like to see it.

 

This forum is the only place I've ever seen this legally bizarre concept promoted... that Illinois law applies in Indiana.

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Gamma said:

 

AFAIK there is zero caselaw in Indiana to support this assertion. If it exists I'd sure like to see it.

 

This forum is the only place I've ever seen this legally bizarre concept promoted... that Illinois law applies in Indiana.

 

Case law or no case law, it is Indiana law. Will it be or has it been enforced? Who knows.

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My advice is to carry the same as you would here at home, in the interest of best practices and building good habits.

 

In addition to that, familiarize yourself with the laws where you are going and make certain to follow those laws in any situation where they are more restrictive than Illinois (probably not many).

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kwc is correct. If you carry in IN with an IL CCL you are required to carry in accordance with IL cc laws. My daughter lives in IN and they can carry just about anywhere except schools. I just came back from there and had to be vigilant as to where I was carrying. Didn't see any places posted there but I had to be careful where I was going because I was restricted to IL carry law.

Where did you hear that?

 

 

www.handgunlaw.us Just Google "concealed carry in Indiana for non-residents".

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Just want to clarify my original post with some information I received from Gary at Handgunlaw.us. He states what Indiana means is State restrictions LISTED on YOUR State's permit. Something like restrictions on your Drivers License. I guess some states like Alabama has, in the past, placed restrictions on their permits. Illinois does not do this, so according to Gary, when we carry in Indiana, we carry according to their Law.
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Just want to clarify my original post with some information I received from Gary at Handgunlaw.us. He states what Indiana means is State restrictions LISTED on YOUR State's permit. Something like restrictions on your Drivers License. I guess some states like Alabama has, in the past, placed restrictions on their permits. Illinois does not do this, so according to Gary, when we carry in Indiana, we carry according to their Law.

That's my understanding, that it references something like an NY permit that is specifically listed for "hunting and target shooting only" or something like that. Or for that matter, an Illinois FOID which clearly states "this card does not authorize carrying of a concealed weapon". This is why the FOID was not recognized as a carry permit in Indiana.

 

Some states traditionally required some kind of permit simply to possess or transport a handgun at all, versus what most would think of as "carry". So they're making a distinction between a transportation or possession permit (like FOID) and a defensive carry permit.

 

Until recently Indiana required a "carry" permit just to transport an unloaded, encased handgun, so they had a similar kind of regulation on handguns. Illinois has a similar scheme, just that it issues completely different cards with different names (FOID/FCCL).

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Just want to clarify my original post with some information I received from Gary at Handgunlaw.us. He states what Indiana means is State restrictions LISTED on YOUR State's permit. Something like restrictions on your Drivers License. I guess some states like Alabama has, in the past, placed restrictions on their permits. Illinois does not do this, so according to Gary, when we carry in Indiana, we carry according to their Law.

 

Yep. My understanding as well, as stated in my earlier posts, #12-#14.

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Just want to clarify my original post with some information I received from Gary at Handgunlaw.us. He states what Indiana means is State restrictions LISTED on YOUR State's permit. Something like restrictions on your Drivers License. I guess some states like Alabama has, in the past, placed restrictions on their permits. Illinois does not do this, so according to Gary, when we carry in Indiana, we carry according to their Law.

Yep. My understanding as well, as stated in my earlier posts, #12-#14.

 

 

 

This opinion does not jive with what the State of Indiana publishes....as I re-posted within Post #16

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