Ping - ElTejon: federal law v. State/local

Status
Not open for further replies.
IC 35-47-2-21 says nothing about "home state" so I would interpret that to mean if a WI resident got a FL or UT out-of-state licence it would be valid in Indiana for carry/target practice. The phrase "according to the terms thereof" to me means that if the handgun permit is for target practice/hunting only, then concealed carry would not be allowed (similar to the Indiana "qualified" license), but a carry license/permit/CCW would be valid for carry as well as practice and hunting (similar to Indiana's "unlimited" license which is for personal protection).

The Hunting Guide uses the phrase "home state" which is why I was cornfused and had to go check. The actual text of the hunting regulations is always hard for me to find. (don't know if that's on purpose or not... I'll keep looking...) So at the moment I can't say for sure whether "home state" is required for hunting or not. But since IC 35-47-2-21 does not use the phrase "home state", but rather uses the phrase "other states" any licence to carry a handgun, permit, CCW (or whatever you call it) issued by any state is valid in Indiana for carry, transporation in vehicle, and target practice.

But no, a WI hunting license would not be recognized, AFAIK, as a permit to hunt with a handgun in Indiana.

Indiana does not issue out-of-state licenses.

But I also wonder about this (and it might apply to WI too): IL does not issue CCW permits... on the surface it would appear that they could not shoot at an Indiana range or hunt in Indiana... however IL does issue a FOID which allows them to transport a handgun for target practice and hunting. So if we are to take the "according to the terms thereof" literally, the FOID allows the individual to go to the range and hunt with a firearm, and I would argue (I'M NOT A LAWYER) that they can do the same thing in Indiana legally... to whit:

How can I legally transport a firearm on my person or in my vehicle?
There is more than one way to legally transport a firearm. However, in order to be in compliance with all statutes, it is recommended all firearms be transported:
  1. Unloaded,
  2. Enclosed in a case and,
  3. By persons who have a valid FOID card.

From Illinois State Police FAQ. Italics mine.
 
OK here's what I've found so far:

312 IAC 9-3-3 Hunting deer by firearms

<snip>

(2) A handgun must:
(A) conform to the requirements of IC 35-47-2;
(B) have a barrel at least four (4) inches long; and
(C) fire a bullet of two hundred forty-three thousandths (.243) inch diameter or larger.
All 38 special ammunition is prohibited. The handgun cartridge case, without bullet, must be at least one and sixteenhundredths
(1.16) inches long. Full metal jacketed bullets are unlawful. All 25/20, 32/20, 30 carbine, and 38 special
ammunition is prohibited.

<snip>

(6) Notwithstanding subsection (f)(2), a person may possess a handgun in accordance with IC 35-47 while hunting deer under
this section if the person:
(A) has a valid unlimited license to carry a handgun issued under IC 35-47-2-3;
(B) has a valid unlimited license to carry a handgun recognized under IC 35-47-2-21(b); or
(C) is not required to possess a license to carry a handgun under IC 35-47-2-2.

Similar language as (6) exist for people hunting deer with a bow, muzzleloader, etc., and hunting other animals, and is not really about hunting with a handgun, but being able to carry a sidearm if you have a carry license.

The only regulations I could find (Title 312, Article 9) regarding hunting with a handgun was in relation to deer.

Licensing requirements for hunting with a handgun are not mentioned in Title 312, so it must be assumed that IC 35-47-2 is the law, and the "home state" language in the Hunting Guide is an interpretation (albeit a very important one!), so the only real recommendation I can give is:

  1. Have a handgun license.
  2. If your home state doesn't issue licenses, don't hunt with a handgun in Indiana.
 
Status
Not open for further replies.
Back
Top