Open Carry History

[tonhe]

Didn't Indiana used to allow open carry without a permit?

I swore this was the case back in like '99...

Just curious, this has been driving me crazy for the past couple years... Pretty much ever since I got back into shooting..

 

[Jerry C]

Nope, as far back as I can remember you had to have a license to carry it open or concealed, and I've got my first liscense back in the 60's.

 

[Mackey]

Back before 1816 you could do whatever the hell you wanted.

 

[singlestacksig]

It would have had to be 1969 ...
As far back as 1988 you needed a LTCH to take the gun out of your house...

 

[Bunnykid68]

Back before 1816 you could do whatever the hell you wanted.

Actually it was considered bad form to carry concealed back in those days. Only people up to no good carried concealed.

 

[singlestacksig]

the earliest law I can find online is 1983, but the 1983 changes are basicly what we have now.. A LTCH was needed before that..

 

[Hoosierdood]

Only people up to no good carried concealed.

 

[SSGSAD]

My dad, had an LTCH, back in the '70's, when you had to write a letter explaining WHY you wanted to carry ..... I have one since 19 82 I think, too long ago, to remember for sure.....

 

[Concerned Citizen]

I got my first one back in the 80's also. However, I do specifically remember one requirement to get it was you had to state the reason that you "needed one".

My stated reason was: "I've got to carry weapons, 'cuase I allways carry cash."

 

[singlestacksig]

when i got my first one in the 80s I remember the letter requirement being there, but all you had to say was "personal protection" or "see Indiana constitution"..
there had been some lawsuit over the proof of need requirment..

 

[Kirk Freeman]

Didn't Indiana used to allow open carry without a permit?

I swore this was the case back in like '99...

No. This is called Kirk's First Law of the Internet: the laws of other states are transplanted into Indiana law via gun shop and Internet chatter.

A few years after statehood (1816) Indiana prohibited carrying concealed weapons unless travelling which was a Southern trend in the law. Back then it was thought that only troublemakers concealed weapons (later after WWII Speedway, Indiana prohibited concealed weapons because of Southern immigration and weekend violence).

Later in 1935 Indiana adopted some provisions the Uniform Firearms Act (a "model act" drawn up in a faculty lounge and sent to various states) which required a license to carry (openly or concealed) any handgun. From 1935 until 1980 many counties (especially those counties with Catholic or African-American populations) required a "proper reason" (outside of self defense) to carry a handgun.

The Indiana Supreme Court upheld the LCTH requirement in Matthews as it deemed the legislature had an interest in controlling concealable weapons. http://www.constitution.org/2ll/bardwell/matthews_v_state.txt

In 1980 the Indiana Court of Appeals shot this "proper reason" requirement down in Schubert v. DeBard. The court held that self defense was a proper reason for a LTCH. http://www.constitution.org/2ll/bardwell/schubert_v_debard.txt

There have been other developments in Indiana case law, however to answer your question, no, in 1999 Indiana required a LTCH to carry a handgun, openly or concealed, unless you had a badge or qualified for other exemptions from the law.

 

[Kirk Freeman]

The Courts are obsessed with concealability. Read the opinion in Indiana's switchblade case in which they hold a switchblade is more concealable than a regular knife thus it is OK to ban it.

http://www.in.gov/judiciary/opinions/pdf/03240905ebb.pdf

It's the old "heads we win, tail you lose" of governmental analysis, the irrebuttable governmental Knight's Fork. If you carry openly, you are a cowboy looking for trouble. If you conceal you are a sneaky criminal looking for trouble.

 

[Mike H]

I remember having to write those stupid letters.
I always quoted the 2A.

 

[GuyRelford]

No. This is called Kirk's First Law of the Internet: the laws of other states are transplanted into Indiana law via gun shop and Internet chatter.

A few years after statehood (1816) Indiana prohibited carrying concealed weapons unless travelling which was a Southern trend in the law. Back then it was thought that only troublemakers concealed weapons (later after WWII Speedway, Indiana prohibited concealed weapons because of Southern immigration and weekend violence).

Later in 1935 Indiana adopted some provisions the Uniform Firearms Act (a "model act" drawn up in a faculty lounge and sent to various states) which required a license to carry (openly or concealed) any handgun. From 1935 until 1980 many counties (especially those counties with Catholic or African-American populations) required a "proper reason" (outside of self defense) to carry a handgun.

The Indiana Supreme Court upheld the LCTH requirement in Matthews as it deemed the legislature had an interest in controlling concealable weapons. http://www.constitution.org/2ll/bardwell/matthews_v_state.txt

In 1980 the Indiana Court of Appeals shot this "proper reason" requirement down in Schubert v. DeBard. The court held that self defense was a proper reason for a LTCH. http://www.constitution.org/2ll/bardwell/schubert_v_debard.txt

There have been other developments in Indiana case law, however to answer your question, no, in 1999 Indiana required a LTCH to carry a handgun, openly or concealed, unless you had a badge or qualified for other exemptions from the law.

Great history lesson, Kirk!! +1!!

 

[pig957]

My dad, had an LTCH, back in the '70's, when you had to write a letter explaining WHY you wanted to carry ..... I have one since 19 82 I think, too long ago, to remember for sure.....

When I first got my LTCH, I too had to write a letter.

 

[jgreiner]

No. This is called Kirk's First Law of the Internet: the laws of other states are transplanted into Indiana law via gun shop and Internet chatter.

A few years after statehood (1816) Indiana prohibited carrying concealed weapons unless travelling which was a Southern trend in the law. Back then it was thought that only troublemakers concealed weapons (later after WWII Speedway, Indiana prohibited concealed weapons because of Southern immigration and weekend violence).

Later in 1935 Indiana adopted some provisions the Uniform Firearms Act (a "model act" drawn up in a faculty lounge and sent to various states) which required a license to carry (openly or concealed) any handgun. From 1935 until 1980 many counties (especially those counties with Catholic or African-American populations) required a "proper reason" (outside of self defense) to carry a handgun.

The Indiana Supreme Court upheld the LCTH requirement in Matthews as it deemed the legislature had an interest in controlling concealable weapons. http://www.constitution.org/2ll/bardwell/matthews_v_state.txt

In 1980 the Indiana Court of Appeals shot this "proper reason" requirement down in Schubert v. DeBard. The court held that self defense was a proper reason for a LTCH. http://www.constitution.org/2ll/bardwell/schubert_v_debard.txt

There have been other developments in Indiana case law, however to answer your question, no, in 1999 Indiana required a LTCH to carry a handgun, openly or concealed, unless you had a badge or qualified for other exemptions from the law.

So CC was considered thuggish eh? I knew there is a reason I like to OC.

Good info Kirk....thanks!!!

 

[Kirk Freeman]

So CC was considered thuggish eh?

Yes. Those carrying "hidden guns" were thought to have less than pure motives. An honest man openly carried his guns.

Shortly after statehood Indiana had only two "gun laws", a prohibition on carrying concealed except when travelling and duelling. (Did you note that Gov. Daniels in his most recent State of the State address made reference to a duel in the General Assembly where the participants travelled to Kentucky to stage a Bowie knife duel to avoid Indiana's prohibition?).

 

[tonhe]

WOW, thank you for the amazing responses!!

As it turns out, whoever told me this back then was a complete idiot...

Go figure, right!?

Thanks again, I seriously appreciate the info!

 

[Titanium_Frost]

Yes. Those carrying "hidden guns" were thought to have less than pure motives. An honest man openly carried his guns.

Shortly after statehood Indiana had only two "gun laws", a prohibition on carrying concealed except when travelling and duelling. (Did you note that Gov. Daniels in his most recent State of the State address made reference to a duel in the General Assembly where the participants travelled to Kentucky to stage a Bowie knife duel to avoid Indiana's prohibition?).

Awesome. Thanks for the new sig line.