Carrying Chambered. Illegal?

BlueDragon · April 26, 2008, 06:52 PM

I live in Indiana and was hoping someone from Indiana could tell me if this true. Someone i know tried to tell me earlier that it is illegal to carry a gun with a ccw permit while the gun is chambered and ready to go. Now this is how I and alot of people i know carry. But is it true it's illegal and that your supposed to only have a charged magazine? I myself dont believe he but he "swears" up and down it's true. Just because he's a criminal justice student in college. so he would "know" as quoted by him.:barf:

HuntAndFish · April 26, 2008, 08:15 PM

Ask him to show you the statute. Until then, he's wrong.

GoSlash27 · April 26, 2008, 08:29 PM

He's probably wrong, *but*...
Until you've reviewed the relevant statutes, assume he's right.

That's more prudent.

GoSlash27 · April 26, 2008, 08:44 PM

I'm not a resident of Indiana and not a lawyer.

I did a quick once-over of Indiana law and didn't see anything like that.

T. O'Heir · April 26, 2008, 08:55 PM

"...only have a charged magazine..." What's he say about using revolvers for CCW?

homefires · April 26, 2008, 08:55 PM

Me too! I looked at your state site and it does not state how to be carried.

What a mess!!!!!!

Kreyzhorse · April 26, 2008, 08:56 PM

I live in Kentucky but Indiana is a 10 minute drive and I carry in Indiana often. I don't believe it is illegal to carry with one in the chamber in CCW situation. My hunch is your friend is confused with transporting arms in a vehicle.

Besides, that would pretty much make carrying a revolver illegal wouldn't it?

**44 AMP** · April 26, 2008, 09:44 PM

How could they prohibit having a round in the chamber, without prohibiting having a revolver loaded? No round under the hammer? Or next up under the hammer?

The most like explanation is your friend (if he is) is confusing the "transporting" of firearms (which have to be unloaded, this is virtually universal) with the carrying of a firearm, such as a ccw.

Disclaimer: I have no direct knowledge of Indiana law as it pertains to this matter. This is only my opinion, and has no factual basis, etc.etc.etc.

Bet him some money, see if he can "proove" it!

Alleykat · April 27, 2008, 08:41 AM

Quote:

Just because he's a criminal justice student in college. so he would "know" as quoted by him.

Now you know why law school admissions committees laugh out loud when they see "Criminal Justice Major" on applications!

Technosavant · April 27, 2008, 02:46 PM

I've never heard of a state with a real CCW statute that prohibits carry with a round in the pipe. The closest I've heard is that in some state(s) (unsure which one(s)) you can carry a magazine separate from the unloaded gun and it is legal without a permit (I think there's also debate on that).

But I've never heard of having to carry even a partially unloaded gun with a permit. That's just stupid.

madmag · April 27, 2008, 07:59 PM

I lived in Indiana 25 years..until 1996. Had CCW. I have two Sons that still live there and I visit all the time. Never heard of such a thing. Doesn't make any sense. They will arrest you and charge you the same if you use a gun in a crime, round in chamber or not.

Aquanewt · April 27, 2008, 08:17 PM

How could anyone tell, especially if the handgun was used? That just makes no sense.

HKuser · April 28, 2008, 08:04 AM

In Indiana, with a license to carry handguns, you could carry a loaded subgun if you wanted. Indiana has no restrictions of any kind of what condition you can carry in. He is simply foolish.

WINSTON THE WOLF · April 29, 2008, 09:04 PM

Quote:

I myself dont believe he but he "swears" up and down it's true. Just because he's a criminal justice student in college. so he would "know" as quoted by him.

Maybe he is flunking out

wayneinFL · April 29, 2008, 09:27 PM

I've never heard of it. Ask him to point out the statute or a case.

Criminal justice student, huh? This guy could be a cop someday. Scary.

**Frank Ettin** · April 29, 2008, 10:48 PM

BlueDragon, ask the guy for proof and let us know what he comes up with.

nemoaz · April 29, 2008, 11:29 PM

In my CJ class, there were mostly future criminals in there, all wanting to find some way to avoid going to jail next time.

"Uh. Mr. Professor, I have a question. So this ummmm.... friend of mine... was caught for DUI and when they searched his car, they found his ganja. Don't they need a warrant for that? I can't... I mean he can't to go to jail."

FireMax · April 30, 2008, 08:12 AM

Quote:

AlleyKat
Now you know why law school admissions committees laugh out loud when they see "Criminal Justice Major" on applications!

In college, the CJ majors used to hang out together like a gang. It was wierd. We used to crack jokes that they all rode the short bus to school.

revance · April 30, 2008, 08:35 AM

I'll just add what many have already said...

there is NOTHING in Indiana law that prohibits you from carrying one in the chamber. I recommend you get the book Indiana Handgun Law. While the Indiana Code isn't difficult to understand, this book is still well worth reading because it offers some info that non-lawyers might not think of when just reading the code.

Just for fun, ask this buddy of yours about transporting a handgun in a car unloaded and locked up. It is a common misconception that you are allowed to do that in Indiana without a permit. However you are really only allowed to do that if you are transporting it to/from the store you purchased it from, to/from a gunsmith, or to your new place of residence/employment (not back and forth from residence to employment though).

It sounds like your friend is basing his beliefs purely on hearsay rather than actually READING THE LAW.

NavyLT · April 30, 2008, 09:59 AM

Quote:

However you are really only allowed to do that if you are transporting it to/from the store you purchased it from, to/from a gunsmith, or to your new place of residence/employment (not back and forth from residence to employment though).

(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.

Interesting. I guess the word "moving" could be interpretted to mean moving as in changing residence or business addresses.... I would have thought it would have meant traveling between.... I guess if they wanted it to mean that they would have used the word traveling or going or something other than "moving", though. Do you know is there any case precedent or written interpretation of this?

revance · April 30, 2008, 10:12 AM

The sentence structure "moving from one dwelling or business to another." makes it clear. You are either moving from one dwelling to another (another being dwelling) OR moving from one business to another (another being business). The word "another" must refer to the noun previously chosen.

To clarify it further, they used the words "in moving" which is referring to the more general actions of relocating yourself and your belongings rather than the specific action of moving only the gun.

revance · April 30, 2008, 10:23 AM

Addition:

I personally would like to see a change to this law allowing someone to transport their firearm to/from a range. I think allowing people to purchase a firearm for home defense and then not allowing them to go to the range with it is a huge safety issue. Obviously I would like to see people allowed to transport it anywhere (especially if its unloaded and secured), but given how easy it is to get a permit, I think that would be a hard sell. Its easier to change the laws in baby steps.

KSFreeman · May 1, 2008, 04:30 PM

Blue, did you hear this in a gun shop?

No, sorry, I just kidding. Your friend is mistaken.

Likely he is repeating something a cop told him.

grey sky · May 2, 2008, 03:31 AM

A receent police accademy grad told me Indiana does not alow for conceald carry with the permit. I thought "thats strange" the permit states may carry on or about ones person. the Indiana hangun law "the book" states the law is not specific on legality of concealed or open carry. I think it was refered to as ambiguous in meaning. Does that muddy the waters?

Oh! yes your friend is mistaken.

Dewhitewolf · May 2, 2008, 07:21 AM

Someone told me the same thing about Pennsylvania law--if carrying a semi-auto, chamber must be empty. Exemptions for revolvers, because the hammer will actually fire the next round, not the one it's resting on. He was 100% wrong! When I've challenged him on that, he was not able to prove it, other than by saying "it's a fact--everyone knows it." I've asked firearms instructors in Pennsylvania, and they've all told me the same thing--that he is full of ----!

I imagine it's the same situation here--some wannabee know-it-all is trying to impress people with statements like that.

The Indiana state's webpage has changed--it used to answer a lot of these questions, but perhaps there have been some legislative changes recently. I remember specifically that in the FAQ's about firearms that the state issued carry permits--open or concealed was the option of the licensee, not determined by the state.

Don't go by what the police academy grad says. Print out the statutes and show him he's wrong.

A few years ago I was told by one of the local badgeheads here in NJ that it was illegal for me to take firearms into Pennsylvania, as I'd been doing going to a range there. He said that it was interstate gun running. I contacted someone at the AG's office of Pennsylvania--they said that there were no restrictions for me to visit a target range in PA, as long as my firearms were transported a certain way (unloaded in the trunk, etc.).

Bottom line, just because someone is a police officer or criminal justice major does not mean that they are the final authority on ANYTHING.

April 26, 2008, 06:52 PM	#1
BlueDragon Senior Member Join Date: October 26, 2006 Location: Muncie Indiana Posts: 265	Carrying Chambered. Illegal? I live in Indiana and was hoping someone from Indiana could tell me if this true. Someone i know tried to tell me earlier that it is illegal to carry a gun with a ccw permit while the gun is chambered and ready to go. Now this is how I and alot of people i know carry. But is it true it's illegal and that your supposed to only have a charged magazine? I myself dont believe he but he "swears" up and down it's true. Just because he's a criminal justice student in college. so he would "know" as quoted by him.:barf:

April 26, 2008, 08:15 PM	#2
HuntAndFish Senior Member Join Date: January 2, 2006 Location: Kansas City, MO. Posts: 580	Ask him to show you the statute. Until then, he's wrong. __________________ NRA Benefactor MSSA Life Member

April 26, 2008, 08:29 PM	#3
GoSlash27 Senior Member Join Date: November 26, 2004 Location: Iowa Posts: 3,118	He's probably wrong, but... Until you've reviewed the relevant statutes, assume he's right. That's more prudent. __________________ Bill of Rights Must be 18. Void where prohibited. Not available in all states. Some restrictions apply.

April 26, 2008, 08:44 PM	#4
GoSlash27 Senior Member Join Date: November 26, 2004 Location: Iowa Posts: 3,118	I'm not a resident of Indiana and not a lawyer. I did a quick once-over of Indiana law and didn't see anything like that. __________________ Bill of Rights Must be 18. Void where prohibited. Not available in all states. Some restrictions apply.

April 26, 2008, 08:55 PM	#5
T. O'Heir Senior Member Join Date: February 13, 2002 Location: Canada Posts: 12,453	"...only have a charged magazine..." What's he say about using revolvers for CCW? __________________ Spelling and grammar count!

April 26, 2008, 08:55 PM	#6
homefires Senior Member Join Date: July 8, 2007 Location: Deming New Mexico Posts: 1,495	Me too! I looked at your state site and it does not state how to be carried. What a mess!!!!!!

April 26, 2008, 08:56 PM	#7
Kreyzhorse Senior Member Join Date: April 12, 2006 Location: NKY Posts: 12,463	I live in Kentucky but Indiana is a 10 minute drive and I carry in Indiana often. I don't believe it is illegal to carry with one in the chamber in CCW situation. My hunch is your friend is confused with transporting arms in a vehicle. Besides, that would pretty much make carrying a revolver illegal wouldn't it? __________________ "He who laughs last, laughs dead." Homer Simpson Last edited by Kreyzhorse; April 27, 2008 at 05:41 PM.

April 26, 2008, 09:44 PM	#8
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,872	Unless the Indiana law specfically prohibits revolvers for ccw How could they prohibit having a round in the chamber, without prohibiting having a revolver loaded? No round under the hammer? Or next up under the hammer? The most like explanation is your friend (if he is) is confusing the "transporting" of firearms (which have to be unloaded, this is virtually universal) with the carrying of a firearm, such as a ccw. Disclaimer: I have no direct knowledge of Indiana law as it pertains to this matter. This is only my opinion, and has no factual basis, etc.etc.etc. Bet him some money, see if he can "proove" it! __________________ All else being equal (and it almost never is) bigger bullets tend to work better.

April 27, 2008, 02:46 PM	#10
Technosavant Senior Member Join Date: May 29, 2007 Location: St. Louis, MO area Posts: 4,040	I've never heard of a state with a real CCW statute that prohibits carry with a round in the pipe. The closest I've heard is that in some state(s) (unsure which one(s)) you can carry a magazine separate from the unloaded gun and it is legal without a permit (I think there's also debate on that). But I've never heard of having to carry even a partially unloaded gun with a permit. That's just stupid.

April 27, 2008, 07:59 PM	#11
madmag Senior Member Join Date: February 7, 2007 Location: The South Posts: 4,239	I lived in Indiana 25 years..until 1996. Had CCW. I have two Sons that still live there and I visit all the time. Never heard of such a thing. Doesn't make any sense. They will arrest you and charge you the same if you use a gun in a crime, round in chamber or not.

April 27, 2008, 08:17 PM	#12
Aquanewt Member Join Date: January 22, 2002 Location: Baltimore Posts: 61	How could anyone tell, especially if the handgun was used? That just makes no sense.

April 28, 2008, 08:04 AM	#13
HKuser Senior Member Join Date: January 24, 2008 Location: PA Posts: 625	In Indiana, with a license to carry handguns, you could carry a loaded subgun if you wanted. Indiana has no restrictions of any kind of what condition you can carry in. He is simply foolish.

April 29, 2008, 09:27 PM	#15
wayneinFL Senior Member Join Date: December 18, 2004 Posts: 1,944	I've never heard of it. Ask him to point out the statute or a case. Criminal justice student, huh? This guy could be a cop someday. Scary.

April 29, 2008, 10:48 PM	#16
Frank Ettin Staff Join Date: November 23, 2005 Location: California - San Francisco Posts: 9,472	BlueDragon, ask the guy for proof and let us know what he comes up with.

April 29, 2008, 11:29 PM	#17
nemoaz Junior member Join Date: May 4, 2007 Location: Meechigan Posts: 492	In my CJ class, there were mostly future criminals in there, all wanting to find some way to avoid going to jail next time. "Uh. Mr. Professor, I have a question. So this ummmm.... friend of mine... was caught for DUI and when they searched his car, they found his ganja. Don't they need a warrant for that? I can't... I mean he can't to go to jail."

April 30, 2008, 08:35 AM	#19
revance Senior Member Join Date: May 18, 2007 Posts: 305	I'll just add what many have already said... there is NOTHING in Indiana law that prohibits you from carrying one in the chamber. I recommend you get the book Indiana Handgun Law. While the Indiana Code isn't difficult to understand, this book is still well worth reading because it offers some info that non-lawyers might not think of when just reading the code. Just for fun, ask this buddy of yours about transporting a handgun in a car unloaded and locked up. It is a common misconception that you are allowed to do that in Indiana without a permit. However you are really only allowed to do that if you are transporting it to/from the store you purchased it from, to/from a gunsmith, or to your new place of residence/employment (not back and forth from residence to employment though). It sounds like your friend is basing his beliefs purely on hearsay rather than actually READING THE LAW.

April 30, 2008, 10:12 AM	#21
revance Senior Member Join Date: May 18, 2007 Posts: 305	The sentence structure "moving from one dwelling or business to another." makes it clear. You are either moving from one dwelling to another (another being dwelling) OR moving from one business to another (another being business). The word "another" must refer to the noun previously chosen. To clarify it further, they used the words "in moving" which is referring to the more general actions of relocating yourself and your belongings rather than the specific action of moving only the gun.

April 30, 2008, 10:23 AM	#22
revance Senior Member Join Date: May 18, 2007 Posts: 305	Addition: I personally would like to see a change to this law allowing someone to transport their firearm to/from a range. I think allowing people to purchase a firearm for home defense and then not allowing them to go to the range with it is a huge safety issue. Obviously I would like to see people allowed to transport it anywhere (especially if its unloaded and secured), but given how easy it is to get a permit, I think that would be a hard sell. Its easier to change the laws in baby steps.

May 1, 2008, 04:30 PM	#23
KSFreeman Senior Member Join Date: June 9, 2001 Location: Lafayette, Indiana--American-occupied America Posts: 5,418	Blue, did you hear this in a gun shop? No, sorry, I just kidding. Your friend is mistaken. Likely he is repeating something a cop told him. __________________ "Arguments of policy must give way to a constitutional command." Payton v. New York, 445 U.S. 573, 602 (1980).

May 2, 2008, 03:31 AM	#24
grey sky Senior Member Join Date: July 2, 2007 Posts: 324	A receent police accademy grad told me Indiana does not alow for conceald carry with the permit. I thought "thats strange" the permit states may carry on or about ones person. the Indiana hangun law "the book" states the law is not specific on legality of concealed or open carry. I think it was refered to as ambiguous in meaning. Does that muddy the waters? Oh! yes your friend is mistaken.

May 2, 2008, 07:21 AM	#25
Dewhitewolf Senior Member Join Date: March 4, 2007 Location: NJ, USA Posts: 229	Someone told me the same thing about Pennsylvania law--if carrying a semi-auto, chamber must be empty. Exemptions for revolvers, because the hammer will actually fire the next round, not the one it's resting on. He was 100% wrong! When I've challenged him on that, he was not able to prove it, other than by saying "it's a fact--everyone knows it." I've asked firearms instructors in Pennsylvania, and they've all told me the same thing--that he is full of ----! I imagine it's the same situation here--some wannabee know-it-all is trying to impress people with statements like that. The Indiana state's webpage has changed--it used to answer a lot of these questions, but perhaps there have been some legislative changes recently. I remember specifically that in the FAQ's about firearms that the state issued carry permits--open or concealed was the option of the licensee, not determined by the state. Don't go by what the police academy grad says. Print out the statutes and show him he's wrong. A few years ago I was told by one of the local badgeheads here in NJ that it was illegal for me to take firearms into Pennsylvania, as I'd been doing going to a range there. He said that it was interstate gun running. I contacted someone at the AG's office of Pennsylvania--they said that there were no restrictions for me to visit a target range in PA, as long as my firearms were transported a certain way (unloaded in the trunk, etc.). Bottom line, just because someone is a police officer or criminal justice major does not mean that they are the final authority on ANYTHING. __________________ I'm not afraid of the guy who wants many guns; I'm afraid of the guy who wants just one.