Wednesday, March 04, 2009
Weapons Carry Etiquette
Q: How can I find out what the rules are in carrying my hand gun out side of my house. Can I carrying it with me in any retail store?, Can I carrying my hand gun loaded with one in the chamber?, If I saw some illegal activity going on, can I pull my hand gun out and hold the suspect(s) until police officer arrive? Or any other rules that I may be unaware of.

A: There are many online resources that you should look at for being a responsible weapons carrier with your permit. Your questions in short: with a permit you may carry your weapon on your person or in your car (preferable in a concealed manner), the weapon may be loaded/chambered also. As for as "illegal activity" you would not be advised to get involved nor display your weapon unless you believed your life is seriously in danger where you felt using deadly force may be in order to protect yourself, as if you are personally in fear for your life. Using your weapon otherwise in such a manner could be deemed reckless possession or even an aggravated assault. This could lead to your arrest, loss of permit, loss of your weapon, or even deadly or tragic consequences for you. I suggest you seek a handgun safety class to be fully aware of the very significant responsibilities of carrying a handgun.


posted by South Bend Police Department @ 3:58 PM  
Sunday, January 18, 2009
Weapons Defense Resources
Q.: Do any local law enforcement agencies offer instruction pertaining to CCW/self defense? Particularly in what situations/scenarios one is justified to use deadly force? Is there a .gov website w/ accurate information pertaining to this subject?

A.: Obviously carrying a weapon for deadly force is a great responsibility and gun owners should be knowledgeable of the limitations on this. I am not aware of any agencies that offer such training, but the internet is a great wealth as is the websites for case law and statutes. Here is a link to an overview of the permit information as well.


posted by South Bend Police Department @ 2:17 PM  
Weapons Permit with a Felony
Q.: I have a Class D felony, the charge was burglary, this happened when I was 18, and is my only thing on my adult record. It was non-violent. Am I able to apply for a hand gun permit in the county?

A.: In Indiana the term "proper person" to carry a handgun includes a person:

* Who is 18 and has not been convicted of a crime which carries a sentence in excess of one year.

* Who is not a drug or alcohol abuser, does not have a reputation or propensity for violence or instability.

* Who has not made a false statement of material fact on his application.

* Does not have a conviction for resisting law enforcement or of violating Indiana's weapon laws within five years of the application.

* Does not have an adjudication as a delinquent child for an act that would be a felony if committed by an adult if the applicant is less that 23.

An arrest for a Class A or Class B felony, or other felony that was committed while armed or involved violence, may be used to deny a license even if there was no conviction, if the court has found probable cause to believe that the person committed the offense.

Every initial application will be granted or rejected within sixty days. Current licenses are valid for four years from the date of Issuance. Indiana also offers lifetime permits.


posted by South Bend Police Department @ 2:06 PM  
Tuesday, November 25, 2008
Registering a New Handgun
Q: About a month ago I filed for my permit to carry a handgun. Last week I bought a pistol at a gun show and the vendor didn't call anybody or anything. So it isn't registered in my name. I checked the link your page offers of the Indiana hand gun laws and can't find anything about it having to be registered. Did I overlook something? Does it have to be registered to carry it? I haven't gotten my permit yet and the gun doesn't leave the gun safe, but when and if I am granted my right to carry do I need to have it registered in my name? If it only needs to be registered how do I go about knowing if it is registered in someone else's name? Thanks in advance.

A: Indiana does not require handgun registration of the individual weapons you purchase. To carry the firearm you must obtain and be approved for a State Firearms Carry permit. The application for this can be handled by city residents through the police station records office. Other residents must visit the police department of the jurisdiction in which you live.


posted by South Bend Police Department @ 3:00 PM  
Sunday, October 12, 2008
Restoring Weapons Permit with my Felony Conviction?
Q: How I would go about getting my right to possess a firearm restored under IC 35-47-4-7. I live in Elkhart and have an A felony conviction from 2004.

A: Since your 'A' Felony conviction precludes you from obtaining a weapons permit, your criteria must be within the guidelines of the statute:
(b) Not earlier than five (5) years after the date of conviction, a person who has been convicted of a crime of domestic violence may petition the court for restoration of the person's right to possess a firearm. In determining whether to restore the person's right to possess a firearm, the court shall consider the following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from possessing a firearm.
(2) Whether the person has successfully completed a substance abuse program, if applicable.
(3) Whether the person has successfully completed a parenting class, if applicable.
(4) Whether the person still presents a threat to the victim of the crime.
(5) Whether there is any other reason why the person should not possess a firearm, including whether the person failed to satisfy a specified condition under subsection (c) or whether the person has committed a subsequent offense.
(c) The court may condition the restoration of a person's right to possess a firearm upon the person's satisfaction of specified conditions.

Depending upon your situation and your rather serious Felony conviction, you will need to petition the courts for this. I suggest you seek legal counsel on the procedures and the particulars of your conviction to see if you are eligible.


posted by South Bend Police Department @ 8:40 PM  
Wednesday, February 06, 2008
CCW Permit for County Residents
Q: How do I apply for a Concealed weapons permit for the county? What is the cost? In the past you could only apply on Wednesday, is this still the case?

A: If you are a county resident (five digit street address) Weapons carry permits are handled by the St Joseph County Police. Contact the SJCPD records office at 245-6535 for more information on this process.


posted by South Bend Police Department @ 12:22 PM  
Wednesday, January 16, 2008
Weapons Capacity?
Q: I have heard that there is a ban on high capacity pistol magazines in the city of South Bend. As a concealed carry permit holder, I feel it is necessary to know for sure. Is it unlawful to carry a pistol with a high capacity (greater than ten rounds) magazine within SB city limits?

A: The former "Brady Bill" banned high capacity magazines but that law has since expired and high capacity magazines are no longer banned federally or at the city level.


posted by South Bend Police Department @ 11:50 AM  
Monday, December 17, 2007
Q:I have a permit to carry a handgun. My father had given me some handguns several years ago that are still registered in his name. Is is legal for me to carry them even though they are still registered to him?

A: A weapons carry permit allows you to carry a registered handgun without problems. Indiana does not require individual gun registrations either. More information on state licensing is here.


posted by South Bend Police Department @ 12:19 PM  
Thursday, November 08, 2007
Weapons Carry with Domestic Violence Conviction
Q:I was arrested in Michigan in 2001 for domestic violence. At the time, I was quite immature and got scared so we moved rather than attend the court hearing, fearing a jail sentence. I am now a single mother of 2 girls, just trying to survive. With all of the violent crimes going on in South Bend recently, I was thinking about getting a gun permit and purchasing a gun for personal protection. I have no interest in carrying a gun in public, just would like to protect my home & family. I am currently trying to find out what is going on with my case in Michigan, but I thought I would ask your opinion about my chances of getting a permit. Is there anything that I can do to get this off of my record? Please let me know! Thanks so very much!

A: Indiana law on concealed weapons is regulated by IC IC 35-47-2-1:

Carrying a handgun without a license or by person convicted of domestic battery
Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possession.
(b) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun in any vehicle or on or about the person's body in the person's dwelling or on the person's property or fixed place of business.


posted by South Bend Police Department @ 11:43 AM  
Sunday, September 30, 2007
Carrying a Sword?
Q: I wanted to know what is the law on carrying swords in public if there is no criminal intent or violent behavior behind carrying them?

A: While most knives are not regulated by state law, in general, "swords" are not designed as a weapon designed for standard carry, and as with any knife or edged weapon, does have deadly potential. if a situation is deemed the manner or circumstances are such that it is determined to be a danger to public safety you could face weapon confiscation or arrest. There is no good logical reason to "carry" a sword in public that I can think of.


posted by South Bend Police Department @ 9:41 PM  
Weapons Carry with Misdemeanor Conviction
Q: I accepted a plea bargain in 2003. It was a felony treated as a Misdemeanor. My question is, if my felony is treated as a misdemeanor does that prevent me from getting a license to carry gun permit? And how does it show up on a criminal background check? as a Felony or a Misdemeanor. I feel as though this may have prevented me from getting certain types
of jobs also.

A: you did not specify your conviciton or offense so I cannot answer for sure. I guess the answer in your case is "it depends". Certain misdemeanor offenses will preclude you from obtaining a weapons permit in Indiana as well. More info on the state law is found here.


posted by South Bend Police Department @ 9:38 PM  
Saturday, August 04, 2007
More Weapons Questions
Q: I have a couple of questions about concealed carry. I have an IN concealed carry permit. My handgun is always in my vehicle with me. First, am I allowed to leave it on the seat right next to me, or does it have to be concealed, even in the vehicle? Second, if I ever get stopped by an officer, how will the officer handle the situation? Is there a procedure within the department for this situation?

A: You are allowed to have your weapon inside your vehicle with a permit. As for being stopped it is in everyone's safety interest to inform an officer that you do have a weapon present that you have a permit for upfront and keep your hands visible at all times when stopped. We appreciate this and will result in safe interaction for you and the officer.

I can tell you that when I am aware weapons are in the vehicle or on your person the stop usually takes on a higher risk element. You should expect to have your weapon checked along with the permit and both will be returned to you assuming properly registered at the conclusion of your traffic stop.Check this link out also.


posted by South Bend Police Department @ 11:43 AM  
Where to get Weapons Permits
Q: Where do I apply to get a personal protection gun permit, I was told that I cannot apply at the MPD?

A: Your address you list shows you to be a county resident (five digit address). If you live in the county you need to contact the St Joseph County Police. Residents of Mishawaka or South Bend need to visit the respective police department for a permit application (three or four digit addresses).


posted by South Bend Police Department @ 11:08 AM  
Wednesday, July 18, 2007
Concealed Carry
Q:I am waiting for my concealed weapons license to come back what are the laws on carrying a handgun does it have to be visible?

A:I just covered this a couple of weeks ago for you. Check this link out.


posted by South Bend Police Department @ 12:22 PM  
Monday, June 04, 2007
Weapons Carry on Hunting Permit?
Q: I recently applied for a concealed weapons permit, but I marked the Hunting, Target Practice Box instead of the Personal Protection box on the application, What is the difference, can I still carry a gun on my person, and if not how to I go about changing it to personal protection?

A: No. Carrying a firearm without the correct information is a violation of the CCW law, and will likely result in your arrest, weapon confiscation, and possibly permanent revocation of the permit to carry ability. Contact the Indiana State Police for more information on what is needed to correct this.


posted by South Bend Police Department @ 8:14 PM  
Sunday, April 08, 2007
Open Weapons Carrying?
Q:If I have an Indiana gun permit for a handgun, is it breaking the law if I had it on my hip, and walked into a public place?

A:Indiana's weapons carrying permit law is designed for weapons to be carried about the person. The law does not specifically prohibit "open carry" however, you must have a permit to carry a handgun at all. Some places prohibit carrying weapons at all, such as schools, and casinos as an example.

While the law does not prohibit "open carry" specifically, the intent of the law is to carry the weapon (assuming it is a personal protection permit) responsibly and discreetly (i.e. concealed) and if your open carry is determined to be a danger or reckless by an investigating officer, you could risk being arrested, losing your permit and your weapon. My advice is to carry your handgun concealed.


posted by South Bend Police Department @ 8:29 PM  

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