I was just denied LTCH

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  • Brian86992

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    Oct 31, 2012
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    I'm a student in Indiana. I have lived in Indiana for two years as a full time student. I have no arrests whatsoever and am an out of state resident. I do however have an address here in Indiana.
    I just got back from the local PD where I was working with a clerk and on the phone with Indiana State Police, gun licensing division. For the record I had already completed the online form and electronic fingerprinting.

    According to the Indiana Statute IC 35-47-2-3 a person can be granted LTCH so long as they are a US citizen, above 18, non felon and live in Indiana.

    Here is a very paraphrased excerpt with the non-applicable parts summarized. I attempted to apply using the part (a) (3) shown in bold under the premise that my school is a place of business or employment.
    Sec. 3.
    (a) A person desiring a license to carry a handgun shall apply:
    (1) PD of residence
    (2) Sheriff of residence
    (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.


    (b) Regarding application types and fees

    (c) Officer must obtain applicant's info

    (d) Must provide reason for 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 has permission

    (f) Cannot deny due to special interests

    (g) A license to carry a handgun shall not be issued to any person who:
    (1) has been convicted of a felony
    (2) license to carry suspended
    (3) is under eighteen (18) years of age
    (4) is under 23 with juvenile felony
    (5) Class A or B felony with weapon


    After talking to Kim Cross (a name some of you may remember) she told me that without a letter from a business stating that I work 40+ hours/week my application will be denied. I understand that the reason behind this is to prevent people who don't live in Indiana from obtaining a LTCH however I very clearly live in Indiana. I asked what legally defined "regular place of business or employment" but at that point she went on the defensive and signed me off as an idiot college kid. I do not work for wages in Indiana I do however have "business" of education that I attend to each and every day, far more than 40 hours a week.

    I was briefly looking into the option of changing my residency to Indiana and getting a Indiana driver's license but I would prefer to stay a resident of my other state for purposes of voting and such. I also will not remain in Indiana after graduation but I will not necessarily move back to my home state either.

    I'm quite perturbed that I may be unable to carry my handgun for personal protection (there was a recent armed robbery in the parking lot of the Walmart I shop at and a fair number of drug addicts in the city) due to poorly worded and loosely defined laws.
     
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    JetGirl

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    I was briefly looking into the option of changing my residency to Indiana and getting a Indiana driver's license but I would prefer to stay a resident of Florida

    I'm quite perturbed that I may be unable to carry my handgun for personal protection

    If you have your Florida permit, you are OK to carry in Indiana. We honor all permits and licenses.
     

    femurphy77

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    I don't know if changing your residence will matter much. A simple test that they "MAY" apply; are you paying out of state tuition? If you are then you'll have a battle proving you're a resident for other purposes. IANAL, just opinion. Good luck. Of course the simpler solution is to just get your Florida license, it IS valid here. And LOTS of other places.
     

    DC47374

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    Just get a Florida license. It's recognized in Indiana.....or is that not an option? Heck I've even got a non-Resident Florida license, so you should be able to get one.
     

    cosermann

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    Do you have your Florida CW license?

    (Edit - Well, ^^^ THAT looks dumb after double-posting with the above, eh? But yeah, I'm thinking the same thing, what about your FL license?)
     

    Hoosierdood

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    I'm an engineering student in Terre Haute, IN. I am 19 years old and have lived in Indiana for two years as a full time student. I have no arrests whatsoever, am a Florida resident with Florida drivers license. I do however have an address in Terre Haute.

    If you have your Florida permit, you are OK to carry in Indiana. We honor all permits and licenses.

    Although I am not entirely up to date with Florida requirements, I believe that you must be 21 to obtain a Florida permit. Sounds like the OP is trying to find a loophole.

    OP, if carrying a gun in Indiana is that important to you, just change your residency to Indiana. Indiana does not make provision for non-residents who go to school here, only for those who have regular place of employment. This was mainly intended for those who live close to the state line, but work in Indiana. Back when it was difficult to obtain a permit in Ohio and Michigan, this helped a lot.
     

    Brian86992

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    Oct 31, 2012
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    Florida permit

    Florida license

    Just get a Florida license

    Do you have your Florida CW license?

    That would have been the logical step to take but unfortunately Florida (as do most other states) requires applicants to be 21 years of age, which I am not.

    You dont actually need to be a US Citizen to get a LTCH.You just need to be a legal Indiana resident.

    :twocents:

    My mistake of lazy paraphrasing. I was trying to summarize what would apply to me.

    Although I am not entirely up to date with Florida requirements, I believe that you must be 21 to obtain a Florida permit. Sounds like the OP is trying to find a loophole.

    OP, if carrying a gun in Indiana is that important to you, just change your residency to Indiana. Indiana does not make provision for non-residents who go to school here, only for those who have regular place of employment. This was mainly intended for those who live close to the state line, but work in Indiana. Back when it was difficult to obtain a permit in Ohio and Michigan, this helped a lot.

    Pretty much hit the nail on the head. I understand that is what the provision was intended for I just thought that, logically, since I live here full time I shouldn't have difficulty qualifying.
     
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    JetGirl

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    Although I am not entirely up to date with Florida requirements, I believe that you must be 21 to obtain a Florida permit. Sounds like the OP is trying to find a loophole.
    I'm not familiar with Florida carry laws...

    That would have been the logical step to take but unfortunately Florida (as do most other states) requires applicants to be 21 years of age, which I am not.

    Looks like Hoosierdood nailed it.
     

    Sylvain

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    That would have been the logical step to take but unfortunately Florida (as do most other states) requires applicants to be 21 years of age, which I am not.



    Pretty much hit the nail on the head. I understand that is what the provision was intended for I just thought that, logically, since I live here full time I shouldn't have difficulty qualifying.

    Apply in Florida in two years or move to Indiana.
     

    Brian86992

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    I've never heard of anyone taking 40+ credit hours at a time. You'll be done with college in a year and a half at that pace.

    LOL

    Nice try. Get your FL license and carry on.

    Or change to IN residency.

    I didn't say 40+ credit hours I meant 40+ hours of school related business each week.

    I will look into what is involved in changing residency.
     

    wizard_of_ahs

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    Brian...quit crying and do it right, man :)

    Nice try on that
    2day9ub.jpg
    :D
     

    HoughMade

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    Where a person goes to school is not, under the law, their "place of business or employment." Having reviewed the law, if you do not "reside" in Indiana and do not have a "regular place of business or employment", you are not eligible to hold an Indiana LTCH. That being said, I don't know of any law that "regular place of business or employment" must be 40 hours or more.
     

    Brian86992

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    Brian...quit crying and do it right, man :)

    I'm not looking for a loophole. As I read the statute, Indiana provides provisions for people who live or work within the state to obtain a license. I'm not trying to do some sly back channel workaround...

    Where a person goes to school is not, under the law, their "place of business or employment." Having reviewed the law, if you do not "reside" in Indiana and do not have a "regular place of business or employment", you are not eligible to hold an Indiana LTCH. That being said, I don't know of any law that "regular place of business or employment" must be 40 hours or more.

    The 40+ hours comment came from the lady I talked to on the phone.
    If by "reside" you mean live here year round, sleep here, shop here and so on then I definitely do. If you mean legally reside, not yet as I am still registered to vote in FL but I may consider changing that.
     

    rhino

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    Is it possible that the sticking point is holding a Florida driver's license? If you surrender it and get an Indiana Driver's license, it might help to establish residency, at least in the eyes of the people looking at the paperwork if not the law.
     

    HoughMade

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    ...If by "reside" you mean live here year round, sleep here, shop here and so on then I definitely do. If you mean legally reside, not yet as I am still registered to vote in FL but I may consider changing that.

    Well, if you are applying for a legal document where the parameters are defined by law, what definition do you think is operative here?
     
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