View Full Version : waiting carry license- air pistol?
So I'm waiting for my carry license before I transport a pistol to the range. I was wondering if anyone knows the law on transporting air pistols?
How would shooting an air pistol compare to a .22 or a centerfire?
KSFreeman
07-14-2007, 06:26
It's not a firearm. Carry on.:animlol:
Scutter01
07-14-2007, 07:21
From Indiana statute (referring to unlicensed transport):
IC 35-47-2-2
Excepted persons
35-47-2-2 Sec. 2. Section 1 of this chapter does not apply to:
(non-relevent clauses omitted)
(11) any person while carrying a handgun unloaded and in a secure wrapper from the place of purchase to his dwelling or fixed place of business, or to a place of repair or back to his dwelling or fixed place of business, or in moving from one dwelling or business to another.
So as long as it's in a secure wrapper (a locked case out of reach, for example), you can legally take it to the range to shoot. A permit just makes everything easier, though, so certainly it's a good idea.
I read that as to/from the point of sale and to/from a gunsmith... Not sure how the range is exempt... Am I reading it incorrectly?
Is it the secured part that matters most? I'd be happy to lock it and the ammo separately and have the gun and mags fully unloaded if that makes it legal.
Scutter01
07-14-2007, 07:38
It doesn't say anything about a gunsmith. The first part says "From the place of purchase to (a list of other places)" and then it says "or in moving from one dwelling or business to another".
Also, you aren't required to stow the ammo separately (or even disassemble the gun). It merely has to be in a "secure wrapper" (such as a locked hard case) and unloaded. Note that "unloaded" can be taken to mean that the magazines should be unloaded as well.
All of this is moot if you have a permit anyway, but while you're waiting for it, you can still go to the range.
Cody Jarrett
07-14-2007, 07:40
Here's a kicker, in NYC airguns are prohibited.
To or from one dwelling or business and another- I understand what you are saying. Thanks for the clarification.
Scutter01
07-14-2007, 07:49
Originally posted by nchanin
To or from one dwelling or business and another- I understand what you are saying. Thanks for the clarification.
That having been said, I wouldn't leave it in the car while I went to run errands. I would limit it to just trips to and from the range, at least until the permit arrived.
rhino465
07-14-2007, 09:00
Originally posted by Scutter01
From Indiana statute (referring to unlicensed transport):
So as long as it's in a secure wrapper (a locked case out of reach, for example), you can legally take it to the range to shoot. A permit just makes everything easier, though, so certainly it's a good idea.
So how did you infer (incorrectly) from your quote from the IC that you can transport a handgun to and from the range without a license to carry handgun? :headscratch:
The exception for transporting between place of purchase/home/place of work does not include trips to the range to shoot.
rkba_net
07-14-2007, 09:02
Originally posted by Scutter01
It doesn't say anything about a gunsmith. The first part says "From the place of purchase to (a list of other places)" and then it says "or in moving from one dwelling or business to another".
Also, you aren't required to stow the ammo separately (or even disassemble the gun). It merely has to be in a "secure wrapper" (such as a locked hard case) and unloaded. Note that "unloaded" can be taken to mean that the magazines should be unloaded as well.
All of this is moot if you have a permit anyway, but while you're waiting for it, you can still go to the range.
1- "or to a place of repair or back to his dwelling or fixed place of business"
ie a GUNSMITH.
2- there is NOT an exemption for taking a handgun to the range without either a UNLIMITED (personal protection) or LIMITED (Hunting / Target) licence... an UNLIMITED licence allows carry at all times...granted I have never even heard of a person getting arrested for not having a permit at a range etc...
R. Emmelman
07-14-2007, 09:05
I think we have lost sight of the OPs question. In answer to the air pistol here is the Indiana law.
IC 35-47-1-5
"Firearm"
35-47-1-5 Sec. 5. "Firearm" means any weapon that is capable of or designed to or that may readily be converted to expel a projectile by means of an explosion.
As added by P.L.311-1983, SEC.32.
An air pistol is not covered under the firearms law. That being said, there very well could be local/city ordinances regulating them.
As far as transportation of a firearm without a license, you are very limited.
∙ place of purchase to his dwelling
∙ fixed place of business
∙ place of repair or back to his dwelling
∙ fixed place of business
∙ moving from one dwelling or business to another
The law is very clear and to the range and back is not there.
Scutter01
07-14-2007, 17:12
Originally posted by rhino465
So how did you infer (incorrectly) from your quote from the IC that you can transport a handgun to and from the range without a license to carry handgun? :headscratch:
The exception for transporting between place of purchase/home/place of work does not include trips to the range to shoot.
I base that both on my own interpretation of the law (as it does not specify a gunsmith or any other specific destination) as well as the interpretations of several lawyers specializing in Indiana handgun statutes, including the written opinion of Bryan Ciyou in Indiana Handgun Laws (1st and 2nd editions, 2005, 2006, ISBN 978-0-9786276-9-0 and ISBN 0-9752828-0-8). In fact, in the 2nd edition, he cites a specific appeals court case where an unlicensed person was convicted for having a disassembled pistol in her purse in her car, but that had the pistol been in a secure wrapper (a "secure wrapper" as defined by statute), it would have had a direct bearing on the conviction (Staten v. State, 844 N.E.2d 186.187 (Ind.Ct.App.2006)) Admittedly, even Mr. Ciyou says that it is inadvisable to transport without a permit, and I agree, but I said as much in my previous postings. Regardless, it's a moot point as the OP has already stated he's in the process of acquiring his permit.
That said, anyone who takes legal advice from someone on the Internet gets what he deserves. I can only share with you the opinions I've received. I recommend you obtain qualified counsel if you choose to proceed.
KSFreeman
07-15-2007, 11:42
Guys, he's not asking about firearms, he's asking about an air gun.
Luftgewheren are not covered by the carrying a handgun statute as an air gun is an air gun, not a firearm.
Carry on.:banana:
If you're going to carry an airgun, you might as well get a DROZD (http://www.pyramydair.com/p/drozd-bb-gun.shtml):
http://www.pyramydair.com/images/blackdrozd.jpg
Good luck concealing it, though. :supergrin:
Originally posted by Loucks
If you're going to carry an airgun, you might as well get a DROZD (http://www.pyramydair.com/p/drozd-bb-gun.shtml):
http://www.pyramydair.com/images/blackdrozd.jpg
Good luck concealing it, though. :supergrin:
Wtf? That thing looks deadly. Wheres the orange barrel?
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