WI resident FL permit - Can they open carry in IN?

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  • Passive101

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    I have a friend who is from WI. He is going to sign up for his FL permit. Would he be allowed to open carry while in IN or does he have to conceal carry as FL is a CCW (concealed carry weapon) permit?

    ETA - I have the same question about a MI friend who will be getting a MI CCW.
     

    melensdad

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    I believe they have to follow the carry laws from their state, not from our state, with regard to open or concealed. So if someone is issued a concealed carry permit (like they issue in Texas) then I believe they are required to follow their home state law on how they carry the gun. OTOH, if they have a carry permit and their state law allows either concealed or open, they they should be good to go for OC in Indiana as we accept carry permits from all other states that issue them.

    Not sure where I was reading that, but I saw it somewhere, so it may not be accurate information.
     

    Indy_Guy_77

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    Yes, there IS some debate about this. The wording in the Indiana Code isn't 100% clear, as far as I can remember.

    The GENERAL consensus is that one must follow the laws according to the issuing state and THEN the state you're in.

    Can get very confusing...

    The flip side of the coin is that how are LEO / Prosecution supposed to know the laws in other states when they (generally) only barely know the carry laws in their OWN state...

    When I was in TN recently...I wasn't allowed, per their law, to carry into any establishment that served any alcohol. Indiana law says that this is OK. I chose to follow TN law as I was actually IN Tennessee.

    There will definitely be more posts about this in the coming ours...

    -J-
     

    Bubbajms

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    (Last I knew, and things could have changed since then)

    What if you're from a state where you don't need a permit to carry, technically??

    Ohio issues a CCW permit, but they don't require anything to OC. My Ohio buddies that come to visit all have Ohio CCW permits and carry concealed, but if they *wanted* to, I wonder how it would work out..
     

    Passive101

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    Thanks for all the information. My friend probably wouldn't have a problem ccw'ing, but he may have a OWB holster first living in WI and the AG now stating his look on WI law is open carry is legal.

    I'm just asking for when he comes to visit me in IN after I move up there.
     

    IndyGunworks

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    (Last I knew, and things could have changed since then)

    What if you're from a state where you don't need a permit to carry, technically??

    Ohio issues a CCW permit, but they don't require anything to OC. My Ohio buddies that come to visit all have Ohio CCW permits and carry concealed, but if they *wanted* to, I wonder how it would work out..


    not trying to thread jack but does this mean if i go to ohio i can carry without a permit as long as i OC? that just doesnt make sence. can you cite any sources on this?
     

    Prometheus

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    The person carrying must follow the laws of the state they are in. No matter what. In Indiana you MUST follow all Indiana laws pertaining to carry in Indiana. It is specifically spelled out in the statutes.

    There is NO requirement to also follow the laws of your issuing state in Indiana code.

    Now if you think you'll get stopped by a Florida Highway Patrolman while OC'ing in Indiana they might try and yank your Florida CWL. Of course if you are stupid enough to show any ID to a Florida Trooper while in Indiana you probably deserve to have your CWL taken away anyway.

    You can OC in Indiana with a Florida or Texas license. Period. Be aware that some states do not recognize non residents permits/licenses from other states. Indiana doesn't care so long as you have some form of permit/license to carry.

    Obviously if your buddy doesn't like you they could snap a picture of you OC'ing in Cabelas and send it to the FDLE who would laugh them off the phone/internet.
     

    Prometheus

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    not trying to thread jack but does this mean if i go to ohio i can carry without a permit as long as i OC? that just doesnt make sence. can you cite any sources on this?


    I don't know about Ohio laws, but in PA you can OC without a License. A Indiana resident w/o a LTCH can OC in PA (except Philly) legally.

    Be aware you must have a LTCH in order to carry in the car in PA or to conceal carry.

    I too am curious about that in Ohio. Is there a qualifier to the OC that you MUST be a resident of the state? Is Open Carry even specifically referenced in Ohio statutes or is it legal by default?
     

    Bubbajms

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    According to everything I'm finding, Prometheus is correct.. OC is fine for everybody, although car carry (loaded, anyhow) is prohibited without a permit that Ohio recognizes (of which Indiana isn't)..

    Long and short, at least as far as I can find, is this.. Walk anywhere you want in Ohio, carrying openly, no permit, no problem. If you're in a car, no permit, you need to unload your firearms and stow the ammo and firearms away from one another. If you have a permit (either Ohio or Ohio-Recognized) then you may carry loaded in your vehicle or in a concealed manner..

    Clear as mud??

    Still don't know what to make of the "permit" issue as it pertains to Indiana, though. I'd guess technically, if an Ohio resident were to come here, they'd have to conceal, since that's what their Ohio permit is for. I'd also guess that they couldn't technically open carry, since Ohio doesn't have a permit for that. And they also couldn't technically come visit with their handguns without CCW permits, even though Ohio law has no issue with transporting firearms in vehicles as long as they're not loaded (and ammo is not with the firearms).

    Stupid laws, leaving us to *guess* at things..
     

    Griffeycom

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    According to everything I'm finding, Prometheus is correct.. OC is fine for everybody, although car carry (loaded, anyhow) is prohibited without a permit that Ohio recognizes (of which Indiana isn't)..

    Long and short, at least as far as I can find, is this.. Walk anywhere you want in Ohio, carrying openly, no permit, no problem. If you're in a car, no permit, you need to unload your firearms and stow the ammo and firearms away from one another. If you have a permit (either Ohio or Ohio-Recognized) then you may carry loaded in your vehicle or in a concealed manner..

    Clear as mud??

    Still don't know what to make of the "permit" issue as it pertains to Indiana, though. I'd guess technically, if an Ohio resident were to come here, they'd have to conceal, since that's what their Ohio permit is for. I'd also guess that they couldn't technically open carry, since Ohio doesn't have a permit for that. And they also couldn't technically come visit with their handguns without CCW permits, even though Ohio law has no issue with transporting firearms in vehicles as long as they're not loaded (and ammo is not with the firearms).

    Stupid laws, leaving us to *guess* at things..

    Be careful about OC in Ohio though, there are tons of places off-limits for carry that isn't off-limits in Indiana. College campuses and Restaurants that serve alcohol are two off the top of my head.
     

    A_Tomic

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    Take a look at this site

    Hey folks,
    Take a look at the NRA-ILA web site. you will find all kinds of information on - [FONT=verdana, arial, helvetica][SIZE=+1]Guide to Interstate Right To Carry Reciprocity and Recognition.

    here is a link to the site.

    NRA-ILA ::

    click on the state and it will tell you if the state will accept your carry permit.

    [/SIZE][/FONT]
     

    Bubbajms

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    Good point, Griffeycom, and a good reminder that it's always a good idea to make sure you're good to go WHEREVER you go..

    A_Tomic, welcome to the forum!
     

    Passive101

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    Hey folks,
    Take a look at the NRA-ILA web site. you will find all kinds of information on - [FONT=verdana, arial, helvetica][SIZE=+1]Guide to Interstate Right To Carry Reciprocity and Recognition.

    here is a link to the site.

    NRA-ILA ::

    click on the state and it will tell you if the state will accept your carry permit.

    [/SIZE][/FONT]


    That's a good link thank you :)
     

    Glockster

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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.
    As added by P.L.311-1983, SEC.32.
     

    Bubba

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    Yeah that's what I wrote earlier, but then I checked FL Statutes and found that their open carry prohibition 790.053 is separate legislation from their licensing statute, 790.06. Open carry is not prohibited as part of the license but is illegal under Florida law
     

    Bubbajms

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    So (taking Ohio as an example, or Penn..) since you don't need a license or permit to OC, other than being a resident of the state, would your driver's license suffice as a permit according to Indiana law??

    This would be so much easier if we could just get rid of all these permits and laws and just carry as we please, ya know ;)
     

    cce1302

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    I have a friend who is from WI. He is going to sign up for his FL permit. Would he be allowed to open carry while in IN or does he have to conceal carry as FL is a CCW (concealed carry weapon) permit?

    ETA - I have the same question about a MI friend who will be getting a MI CCW.
    Carry according to the terms of the license. If the license (as some states licenses do) states "revolver" or "automatic" then you can't carry the other. If it states an expiration date, then you can't carry after it expires. The other laws, like carrying in bars, open/or concealed (unless the license itself specifically states "not valid for open carry") don't make a difference.
    (Last I knew, and things could have changed since then)

    What if you're from a state where you don't need a permit to carry, technically??

    Ohio issues a CCW permit, but they don't require anything to OC. My Ohio buddies that come to visit all have Ohio CCW permits and carry concealed, but if they *wanted* to, I wonder how it would work out..
    I wouldn't carry in Indiana without a valid permit from a state, even if my state doesn't require one for OC.
    not trying to thread jack but does this mean if i go to ohio i can carry without a permit as long as i OC? that just doesnt make sence. can you cite any sources on this?
    THere are no laws against OC in Ohio. the source is the same as the Indiana lack of law against OC-simple nonexistance. Check out opencarry.org ohio page for discussion.
    The person carrying must follow the laws of the state they are in. No matter what. In Indiana you MUST follow all Indiana laws pertaining to carry in Indiana. It is specifically spelled out in the statutes.

    There is NO requirement to also follow the laws of your issuing state in Indiana code.

    Now if you think you'll get stopped by a Florida Highway Patrolman while OC'ing in Indiana they might try and yank your Florida CWL. Of course if you are stupid enough to show any ID to a Florida Trooper while in Indiana you probably deserve to have your CWL taken away anyway.

    You can OC in Indiana with a Florida or Texas license. Period. Be aware that some states do not recognize non residents permits/licenses from other states. Indiana doesn't care so long as you have some form of permit/license to carry.

    Obviously if your buddy doesn't like you they could snap a picture of you OC'ing in Cabelas and send it to the FDLE who would laugh them off the phone/internet.
    Agreed. Think of it this way: If, for example, an Ohio permit was valid at the State Fair, would an Ohio permitholder be able to carry at the Indiana State Fair? No? Then why would an Ohio law restricting carry at bars restrict someone with an Ohio permit from carrying at bars in Indiana?
    I don't know about Ohio laws, but in PA you can OC without a License. A Indiana resident w/o a LTCH can OC in PA (except Philly) legally.

    Be aware you must have a LTCH in order to carry in the car in PA or to conceal carry.

    I too am curious about that in Ohio. Is there a qualifier to the OC that you MUST be a resident of the state? Is Open Carry even specifically referenced in Ohio statutes or is it legal by default?

    According to everything I'm finding, Prometheus is correct.. OC is fine for everybody, although car carry (loaded, anyhow) is prohibited without a permit that Ohio recognizes (of which Indiana isn't)..

    Long and short, at least as far as I can find, is this.. Walk anywhere you want in Ohio, carrying openly, no permit, no problem. If you're in a car, no permit, you need to unload your firearms and stow the ammo and firearms away from one another. If you have a permit (either Ohio or Ohio-Recognized) then you may carry loaded in your vehicle or in a concealed manner..

    Clear as mud??

    Still don't know what to make of the "permit" issue as it pertains to Indiana, though. I'd guess technically, if an Ohio resident were to come here, they'd have to conceal, since that's what their Ohio permit is for. I'd also guess that they couldn't technically open carry, since Ohio doesn't have a permit for that. And they also couldn't technically come visit with their handguns without CCW permits, even though Ohio law has no issue with transporting firearms in vehicles as long as they're not loaded (and ammo is not with the firearms).

    Stupid laws, leaving us to *guess* at things..
    yeah.
    Yeah that's what I wrote earlier, but then I checked FL Statutes and found that their open carry prohibition 790.053 is separate legislation from their licensing statute, 790.06. Open carry is not prohibited as part of the license but is illegal under Florida law

    So (taking Ohio as an example, or Penn..) since you don't need a license or permit to OC, other than being a resident of the state, would your driver's license suffice as a permit according to Indiana law??
    I wouldn't try it.
    This would be so much easier if we could just get rid of all these permits and laws and just carry as we please, ya know ;)
    States need income, too.
     

    Bubbajms

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    I'm not advocating trying to OC on your Ohio Driver's License is a good idea, don't get me wrong! And all my Ohio folks have Ohio CCW permits, so they can come visit with no trouble. It's just a bummer that bordering states have laws that are so different from one another.. If someone from Ohio was out for a walk with their open-carry handgun and accidentally turned the wrong way ending up here, they could easily be charged. Likewise, though, if I start West with mine and end up in Illinois, I'm a goner..

    Why can't we all just be friends?? :)
     
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