Man Arrested In Evansville, Indiana Resident, Tennessee Issued Permit.

[Ingomike]

A lot of fail on the drivers part here, but the part about the out of state gun permit was interesting as someone asked about using their out of state while waiting on their Indiana permit.





Police officers reported Dugger had a concealed carry permit from Tennessee when he was stopped Wednesday, but the out-of-state permit was not recognized as valid because he is considered an Indiana resident. One of his preliminary charges was failure to notify the BMV of an address change because police say he was carrying a Tennessee driver’s license despite living and working in Indiana.

https://www.indystar.com/story/news...ed-epd-traffic-stop-released-bond/3374279002/

 

[Ingomike]

Wow, a lot of views and no one even has a snarky comment.

Maybe the fail was bigger than I realized... LOL

 

[MarkC]

Wow, a lot of views and no one even has a snarky comment.

Maybe the fail was bigger than I realized... LOL

Oh, there is so much there.... but I'm getting ready to leave to meet Mrs. MarkC for breakfast, so where to start?

Maybe here, the definition of "Indiana resident" in the traffic code. Once he became a resident, if he did, then he had 60 days to get his Indiana DL.

Sec. 78. "Indiana resident" refers to a person that is one (1) of the following:(1) An individual who lives 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 an individual who lives 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.
(C) Temporary employment.
(D) Other purposes, without the intent of making Indiana a permanent home.
(2) An individual who is living in Indiana if the individual has no other legal residence.
(3) An individual who is registered to vote in Indiana or who satisfies the standards for determining residency in Indiana under IC 3-5-5.
(4) An individual who has a dependent enrolled in an elementary or a secondary school located in Indiana.
(5) A person that maintains a:
(A) main office;
(B) branch office;
(C) warehouse; or
(D) business facility;
in Indiana.
(6) A person that bases and operates vehicles in Indiana.
(7) A person that operates vehicles in intrastate haulage in Indiana.
(8) A person that 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 that 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 (7).

 

[chenowethpm]

I moved her from Tennessee with a carry permit, but I did my research with regards to Indiana law, as inconvenient as it was I waited till I got the LTCh before carrying. Sounds like this guy was just being a jerk to the police. Who holds the phone out the window to take video while driving?

 

[JettaKnight]

Wow, a lot of views and no one even has a snarky comment.

Maybe the fail was bigger than I realized... LOL

Well, the guy was being an *******.

Play stupid games, win stupid prizes.

 

[Ingomike]

Well, the guy was being an *******.

Play stupid games, win stupid prizes.

Was more interested in the whole residency issue. As with many of our gun and self defense court rulings, they rarely come from a grandmother on her way to church, but rather as part of an overall ugly incident involving a pretty nonlikeable perp.

Kind of like the Marion kid dealing drugs and his car was seized, bad character, but good outcome for the citizens.

 

[KellyinAvon]

I could See this being introduced as a bill next legislative session. It seems like an easy fix, of course nothing is easy when dealing with the government.

 

[Ingomike]

I could See this being introduced as a bill next legislative session. It seems like an easy fix, of course nothing is easy when dealing with the government.

Do the legislators recognize that this exists at this point?

 

[VUPDblue]

This particular dumbass is guilty of being a ****ing *******.

 

[chipbennett]

I could See this being introduced as a bill next legislative session. It seems like an easy fix, of course nothing is easy when dealing with the government.

The easiest fix would be eliminating the unconstitutional licensing requirement in order to exercise a constitutionally protected right.

 

[Selfpreservation]

The easiest fix would be eliminating the unconstitutional licensing requirement in order to exercise a constitutionally protected right.

Sounds good to me!

 

[rhino]

The easiest fix would be eliminating the unconstitutional licensing requirement in order to exercise a constitutionally protected right.

True, but Kelly's fix is possible with our current group of legislators, whereas compelling the state to fully recognize and honor the individual RKBA isn't going to happen any time soon. A small bite from the apple is better than staring at the apple you can't touch while knowing it should be in your belly.

 

[chipbennett]

True, but Kelly's fix is possible with our current group of legislators, whereas compelling the state to fully recognize and honor the individual RKBA isn't going to happen any time soon. A small bite from the apple is better than staring at the apple you can't touch while knowing it should be in your belly.

Right; I should have said simplest, not easiest.

Lucas and company have a good strategy to get there. Hopefully 2021 will be our year.

 

[KellyinAvon]

Right; I should have said simplest, not easiest.

Lucas and company have a good strategy to get there. Hopefully 2021 will be our year.

We just gotta keep moving the ball in the right direction. We'll get it in the end zone eventually.

This subject seems like a good candidate. One day you can lawfully carry a handgun in Indiana, the next day you can't because you got a new drivers license and your bills get delivered to a 46xxx or 47xxx ZIP.

 

[Bigtanker]

I moved her from Tennessee with a carry permit, but I did my research with regards to Indiana law, as inconvenient as it was I waited till I got the LTCh before carrying. Sounds like this guy was just being a jerk to the police. Who holds the phone out the window to take video while driving?

I remember that conversation you had here on INGO and I kinda wondered if it was you. Gald it was not.

 

[gregkl]

I just don't get it. And I know there are people on this forum that want to exercise their "rights" and give cops a hard time. So we can agree to disagree on this subject.

When I look back on my almost 6 decades of life, I have never had negative interactions with law enforcement. And I have been ticketed, arrested, put in jail, gone to court and trained with them.

Sometimes, yes, they do have an attitude. But so do civilians. And when they do seem a little tense, I just do what I can to ease their tensions.

If I have broken the law, then I deserve what I get. If I haven't, I'm not worried about an interaction with law enforcement, whether a traffic stop, sobriety checkpoint, whatever.

Life has enough problems to deal with. I don't need to needlessly manufacture additional ones.

 

[KellyinAvon]

This particular dumbass is guilty of being a ****ing *******.

I do agree with your take on the individual. Becoming an Indiana resident should start a clock on getting your LTCH here with the other State’s license still valid. 180 days?

 

[rhino]

I do agree with your take on the individual. Becoming an Indiana resident should start a clock on getting your LTCH here with the other State’s license still valid. 180 days?

Yeah, that sounds reasonable. Are we talking 180 days to apply for the IN LtCH, or 180 days to have it in hand?

 

[Ingomike]

Yeah, that sounds reasonable. Are we talking 180 days to apply for the IN LtCH, or 180 days to have it in hand?

Match up the having an application in hand with law to get Indiana drivers license. Then require both application and out of state permit up to 180 days seems fair to me.

 

[EyeCarry]

Help me out here. Yes, he is not co-operating at the stop. He doesn't have correct DL, plate, LTCH, etc, BUT has he broken the law by just having/"transporting" the handgun in the car? I thought the Feds had fixed this. Is it because he is not carrying THROUGH the state that he has gone afoul of Indiana law? He would have been okay, firearms wise, if he had it unloaded and locked in a case correct???