Indiana license recognition for non-resident residents

[88E30M50]

Quick question: Does Indiana recognize a legal Indiana residents ability to carry if that person holds a resident license from a recognized state? The situation is that my nephew is in the Army and is currently stationed in North Carolina. He got a North Carolina resident license, which is recognized in Indiana. But, I was thinking that Indiana said they did not recognize the licenses from other states for legal Indiana residents. It may be that they do not recognize an Indiana resident's license from another state if they got a non-resident license in that state, but this is a resident license.

Not a big deal right now, but it came up in conversation while he was home on leave.

Thanks,

 

[singlestacksig]

no, If you are an Indiana resident you need an Indiana LTCH.

 

[singlestacksig]

IC 35-47-2-21
Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
Sec. 21. (a) Retail dealers' licenses issued by other states or foreign countries will not be recognized in Indiana except for sales at wholesale.
(b) Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.
As added by P.L.311-1983, SEC.32.

 

[jeremy]

Quick question: Does Indiana recognize a legal Indiana residents ability to carry if that person holds a resident license from a recognized state? The situation is that my nephew is in the Army and is currently stationed in North Carolina. He got a North Carolina resident license, which is recognized in Indiana. But, I was thinking that Indiana said they did not recognize the licenses from other states for legal Indiana residents. It may be that they do not recognize an Indiana resident's license from another state if they got a non-resident license in that state, but this is a resident license.

Not a big deal right now, but it came up in conversation while he was home on leave.

Thanks,

There is a Caveat to this...

If he is on ACTIVE Duty, with a DA Form 31 then yes...
Other wise No....

 

[88E30M50]

He is on active duty and is stationed in North Carolina, so that should make him a resident of North Carolina I guess. I've been out of the service for almost 20 years, so I don't remember the classification of being a resident when you are stationed elsewhere. It sounds like a gray area and that the legality of carry in Indiana depends on the definition of resident. Being in the military, he still is considered an Indiana resident, but he has not resided in Indiana for several years. I'm guessing that he would have an issue if a LEO found him with an Indiana drivers license that bears an Indiana address, yet carrying a North Carolina resident LTCH even though Indiana recognizes the North Carolina LTCH.

 

[singlestacksig]

what drivers Lic does he have & where does he vote?

 

[canav844]

There is a Caveat to this...

If he is on ACTIVE Duty, with a DA Form 31 then yes...
Other wise No....

This would pretty much be it.

Which state is his DL from? If it's an SC DL with a SC LTCH (or CWP or CCW) and he can show the appropriate documentation for Active duty then that would be ok, if he's got IN DL, I'm almost positive that would mean he needs an IN LTCH.

He can call the Indiana State Police Firearms Licensing Section at 317-232-8264; they will have the answer for his specific situation, and I'm sure they've fielded questions on this before.


And here would be some of the applicable code

IC 9-13-2-78
Indiana resident
Sec. 78. "Indiana resident" refers to a person who is one (1) of the following:
(1) A person who has been living in Indiana for at least one hundred eighty-three (183) days during a calendar year and who has a legal residence in another state. However, the term does not include a person who has been living in Indiana for any of the following purposes:
(A) Attending a postsecondary educational institution.
(B) Serving on active duty in the armed forces of the United States.
(2) A person who is living in Indiana if the person has no other legal residence.
(3) A person who is registered to vote in Indiana. (4) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
(5) A person who has more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) derived from sources in Indiana using the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who is considered a resident under this subdivision is not a resident if the person proves by a preponderance of the evidence that the person is not a resident under subdivisions (1) through (4).
(6) A person who:
(A) is enrolled as a student of a truck driver training school;
(B) has legal residence in another state but is living in Indiana temporarily for the express purpose of taking a course of study from the truck driver training school; and
(C) intends to return to the person's state of residence upon completion of the course of study of the truck driver training school.
As added by P.L.2-1991, SEC.1. Amended by P.L.188-2006, SEC.2; P.L.2-2007, SEC.139.


IC 35-47-2-3
Application for license to carry handgun; procedure
Sec. 3. (a) A person desiring a license to carry a handgun shall apply:
(1) to the chief of police or corresponding law enforcement officer of the municipality in which the applicant resides;
(2) if that municipality has no such officer, or if the applicant does not reside in a municipality, to the sheriff of the county in which the applicant resides after the applicant has obtained an application form prescribed by the superintendent; or
(3) if the applicant is a resident of another state and has a regular place of business or employment in Indiana, to the sheriff of the county in which the applicant has a regular place of business or employment.
The superintendent and local law enforcement agencies shall allow an applicant desiring to obtain or renew a license to carry a handgun to submit an application electronically under this chapter if funds are available to establish and maintain an electronic application system.
(b) The law enforcement agency which accepts an application for a handgun license shall collect the following application fees:
(1) From a person applying for a four (4) year handgun license, a ten dollar ($10) application fee, five dollars ($5) of which shall be refunded if the license is not issued.
(2) From a person applying for a lifetime handgun license who does not currently possess a valid Indiana handgun license, a fifty dollar ($50) application fee, thirty dollars ($30) of which shall be refunded if the license is not issued.
(3) From a person applying for a lifetime handgun license who currently possesses a valid Indiana handgun license, a forty dollar ($40) application fee, thirty dollars ($30) of which shall be refunded if the license is not issued.
Except as provided in subsection (h), the fee shall be deposited into the law enforcement agency's firearms training fund or other appropriate training activities fund and used by the agency to train law enforcement officers in the proper use of firearms or in other law enforcement duties, or to purchase firearms, firearm related equipment, or body armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers employed by the law enforcement agency. The state board of accounts shall establish rules for the proper accounting and expenditure of funds collected under this subsection.
(c) The officer to whom the application is made shall ascertain the applicant's name, full address, length of residence in the community, whether the applicant's residence is located within the limits of any city or town, the applicant's occupation, place of business or employment, criminal record, if any, and convictions (minor traffic offenses excepted), age, race, sex, nationality, date of birth, citizenship, height, weight, build, color of hair, color of eyes, scars and marks, whether the applicant has previously held an Indiana license to carry a handgun and, if so, the serial number of the license and year issued, whether the applicant's license has ever been suspended or revoked, and if so, the year and reason for the suspension or revocation, and the applicant's reason for desiring a license. The officer to whom the application is made shall conduct an investigation into the applicant's official records and verify thereby the applicant's character and reputation, and shall in addition verify for accuracy the information contained in the application, and shall forward this information together with the officer's recommendation for approval or disapproval and one (1) set of legible and classifiable fingerprints of the applicant to the superintendent.
(d) The superintendent may make whatever further investigation the superintendent deems necessary. Whenever disapproval is recommended, the officer to whom the application is made shall provide the superintendent and the applicant with the officer's complete and specific reasons, in writing, for the recommendation of disapproval.
(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; and
(4) is:
(A) a citizen of the United States; or
(B) not a citizen of the United States but is allowed to carry a firearm in the United States under federal law;
the superintendent shall issue to the applicant a qualified or an unlimited license to carry any handgun lawfully possessed by the applicant. The original license shall be delivered to the licensee. A copy shall be delivered to the officer to whom the application for license was made. A copy shall be retained by the superintendent for at least four (4) years in the case of a four (4) year license. The superintendent may adopt guidelines to establish a records retention policy for a lifetime license. A four (4) year license shall be valid for a period of four (4) years from the date of issue. A lifetime license is valid for the life of the individual receiving the license. The license of police officers, sheriffs or their deputies, and law enforcement officers of the United States government who have been honorably retired by a lawfully created pension board or its equivalent after twenty (20) or more years of service, shall be valid for the life of these individuals. However, a lifetime license is automatically revoked if the license holder does not remain a proper person.
(f) At the time a license is issued and delivered to a licensee under subsection (e), the superintendent shall include with the license information concerning handgun safety rules that:
(1) neither opposes nor supports an individual's right to bear arms; and
(2) is:
(A) recommended by a nonprofit educational organization that is dedicated to providing education on safe handling and use of firearms;
(B) prepared by the state police department; and
(C) approved by the superintendent.
The superintendent may not deny a license under this section because the information required under this subsection is unavailable at the time the superintendent would otherwise issue a license. The state police department may accept private donations or grants to defray the cost of printing and mailing the information required under this subsection.
(g) A license to carry a handgun shall not be issued to any person who:
(1) has been convicted of a felony;
(2) has had a license to carry a handgun suspended, unless the person's license has been reinstated;
(3) is under eighteen (18) years of age;
(4) is under twenty-three (23) years of age if the person has been adjudicated a delinquent child for an act that would be a felony if committed by an adult; or
(5) has been arrested for a Class A or Class B felony, or any other felony that was committed while armed with a deadly weapon or that involved the use of violence, if a court has found probable cause to believe that the person committed the offense charged.
In the case of an arrest under subdivision (5), a license to carry a handgun may be issued to a person who has been acquitted of the specific offense charged or if the charges for the specific offense are dismissed. The superintendent shall prescribe all forms to be used in connection with the administration of this chapter.
(h) If the law enforcement agency that charges a fee under subsection (b) is a city or town law enforcement agency, the fee shall be deposited in the law enforcement continuing education fund established under IC 5-2-8-2.
(i) If a person who holds a valid license to carry a handgun issued under this chapter:
(1) changes the person's name;
(2) changes the person's address; or
(3) experiences a change, including an arrest or a conviction, that may affect the person's status as a proper person (as defined in IC 35-47-1-7) or otherwise disqualify the person from holding a license;
the person shall, not later than thirty (30) days after the date of a change described under subdivision (3), and not later than sixty (60) days after the date of the change described under subdivision (1) or (2), notify the superintendent, in writing, of the event described under subdivision (3) or, in the case of a change under subdivision (1) or (2), the person's new name or new address.
(j) The state police shall indicate on the form for a license to carry a handgun the notification requirements of subsection (i).
(k) The state police department shall adopt rules under IC 4-22-2 to implement an electronic application system under subsection (a). Rules adopted under this section must require the superintendent to keep on file one (1) set of classifiable and legible fingerprints from every person who has received a license to carry a handgun so that a person who applies to renew a license will not be required to submit an additional set of fingerprints.
(l) Except as provided in subsection (m), for purposes of IC 5-14-3-4(a)(1), the following information is confidential, may not be published, and is not open to public inspection:
(1) Information submitted by a person under this section to:
(A) obtain; or
(B) renew;
a license to carry a handgun.
(2) Information obtained by a federal, state, or local government entity in the course of an investigation concerning a person who applies to:
(A) obtain; or
(B) renew;
a license to carry a handgun issued under this chapter.
(3) The name, address, and any other information that may be used to identify a person who holds a license to carry a handgun issued under this chapter.
(m) Notwithstanding subsection (l):
(1) any information concerning an applicant for or a person who holds a license to carry a handgun issued under this chapter may be released to a federal, state, or local government entity:
(A) for law enforcement purposes; or
(B) to determine the validity of a license to carry a handgun; and
(2) general information concerning the issuance of licenses to carry handguns in Indiana may be released to a person conducting journalistic or academic research, but only if all personal information that could disclose the identity of any person who holds a license to carry a handgun issued under this chapter has been removed from the general information.
As added by P.L.311-1983, SEC.32. Amended by P.L.26-1990, SEC.15; P.L.48-1993, SEC.5; P.L.140-1994, SEC.6; P.L.269-1995, SEC.6; P.L.2-1996, SEC.284; P.L.27-2001, SEC.1; P.L.120-2001, SEC.1; P.L.49-2005, SEC.2; P.L.187-2005, SEC.3; P.L.190-2006, SEC.2; P.L.155-2007, SEC.1; P.L.47-2010, SEC.1; P.L.34-2010, SEC.4.

 

[jeremy]

He is on active duty and is stationed in North Carolina, so that should make him a resident of North Carolina I guess.

Depends?!
Has he changed his residence or Maintained his Indiana Residency?!
The Military is generally allowed something like "Joint" Residency status ( I made that name up cause I am not a Lawyer nor am I JAG and do not know the proper terms) for the State we claim as Our Home of Record, and for the State we are Stationed in.

I've been out of the service for almost 20 years, so I don't remember the classification of being a resident when you are stationed elsewhere. It sounds like a gray area and that the legality of carry in Indiana depends on the definition of resident. Being in the military, he still is considered an Indiana resident, but he has not resided in Indiana for several years. I'm guessing that he would have an issue if a LEO found him with an Indiana drivers license that bears an Indiana address, yet carrying a North Carolina resident LTCH even though Indiana recognizes the North Carolina LTCH.

Yes, No and Maybe...

Most LEOs are fairly understanding, as long as you have your MIL ID, and DA 31 (Leave Form), and any further Licenses or Permits as required of coarse...

 

[ralphb72]

It is possible to change one's legal residence while in the service. At Ft. Hood, I was pressured to change my legal residence to Texas since they don't take out state taxes. It was a high-pressure salesman trying to get me to do that so that I would have the money to buy whatever it was he was selling. I refused, but if I had filed the paperwork to change my legal residence to TX, and got a TX drivers license, then I would have been legal carrying in Indiana on my TX license. My insurance and license plate would have had to be changed also.

 

[jeremy]

This would pretty much be it.

Which state is his DL from? If it's an SC DL with a SC LTCH (or CWP or CCW) and he can show the appropriate documentation for Active duty then that would be ok, if he's got IN DL, I'm almost positive that would mean he needs an IN LTCH.

Yes and no there are Federal Rules, Regulations and Laws that come into play as well. So even though he may have an Indiana DL and a NC CCW (or what ever they are called wherever they are at) he might still be valid...

He can call the Indiana State Police Firearms Licensing Section at 317-232-8264; they will have the answer for his specific situation, and I'm sure they've fielded questions on this before.

Definately call them and get the answers from them, might also PM Guy and ask what he would charge for an answer on the subject as well...

Always ask a Lawyer after you have talked to a LEA...

 

[jeremy]

It is possible to change one's legal residence while in the service. At Ft. Hood, I was pressured to change my legal residence to Texas since they don't take out state taxes. It was a high-pressure salesman trying to get me to do that so that I would have the money to buy whatever it was he was selling. I refused, but if I had filed the paperwork to change my legal residence to TX, and got a TX drivers license, then I would have been legal carrying in Indiana on my TX license. My insurance and license plate would have had to be changed also.

Service members can change their State of Residence. I am not sure if there is a limit to the number of times that it can be done though. All you have to do is go to your S-3 Shop (Unit Personnel) and they should know the appropriate paperwork...