On Jun 16, 2009, at 3:07 PM, Volokh, Eugene wrote:

Ind. Code sec. 35-47-2-3 provides,

(e) If it appears to the superintendent that the applicant:

(1) has a proper reason for carrying a handgun;

(2) is of good character and reputation;

(3) is a proper person to be licensed;

I'm not sure why the subject line says "shall issue" in it -- this is anything but a "shall issue" law. Points 2 and 3 are the classic "discretionary" wording.

(B) not a citizen of the United States but is allowed to carry a firearm in the United States under federal law;

What does the reference in 35-47-2(4)(B) to "is allowed to carry a firearm in the United States under federal law" mean?

I seem to remember that federal law changed on this matter shortly after that middle eastern fellow shot up the observation deck on the Empire State Building. Sounds like this is just Indiana's way of riding whatever changing rules the feds throw at them.

--
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