Carry permit legal question...

[Timjoebillybob]

Because you are NOT a RESIDENT!

And? The residency/place of business requirements only apply for issuing, and for purposes of out of state/foreign licenses. I can find nothing in the IC that provides for suspending/revoking/putting on hold/etc. a license simply for no longer being a resident of this state. Can you?

 

[Redhorse]

Yep that is why I stated the residency/place of business applies to issuing. In reply to Redhorse who stated it had to do with recognizing. Which the only thing I can find in the IC is that if you are a resident of IN they don't honor other permits, it has to be a LTCH.

I've changed my opinion on it as well. And I can be pretty stubborn......

If I remember correctly, I read on the form when I was getting mine that if I changed residency I had to inform the State Police so they would inactivate mine. Am I wrong? Hopefully I am but I'd like to know.

 

[chezuki]

If I remember correctly, I read on the form when I was getting mine that if I changed residency I had to inform the State Police so they would inactivate mine. Am I wrong? Hopefully I am but I'd like to know.

You have to inform anytime you change your address, it says so right on the license. It has nothing to do with "inactivating". Again, there is no provision for deactivating a license just because you move out of state.

 

[Paul30]

From the response the INGO member got from Indiana State Police you only need to qualify to have the Lifetime license issued. Once issued, it is as it says, a Lifetime license provided you don't become a prohibited person from possessing one. If you move to another state, it stays active. If you drive back to Indiana for a vistit, the license should cover you while in Indiana. Unless a more restrictive law is passed, that is how I understand the current laws.

The question I would have at this point is "Do states that honor the Indiana LTCH, honor the LTCH if you become a resident of another state? Your Indiana LTCH is still valid, but many states have laws that require you to get one in their state. An example is if I move to Florida, they honor the Indiana LTCH for a period (I believe 90 days) to give you time to obtain a Florida Concealed Carry Permit. After the 90 days the state of Florida would not honor the Indiana LTCH because they want you to purchase their CCW. The question would be difficult to answer because each state has different laws, and although some don't honor non resident permits, ours is not a non resident permit. Ours is a resident permit that never expires, even if you leave the state. In my example, Florida would no longer honor my Indiana LTCH permit after 90 days, but if I travel other states may still honor it.

As if it isn't cloudy enough, I wonder if anyone has ever paid the $20 for a new Lifetime LTCH with the address change to another state. If you give an official address change with the address of another state, and ask that they issue a new license with the new address so it matches your new Drivers license of the new state, it might at least give another state confirmation that it is current.

 

[JettaKnight]

Once you become a resident of another state, your lifetime LTCH is void. As far as what to do with the pink slip, I'm not sure. Maybe call the state police and ask them.

Keep it so you can show it to people that demand to see a Larry when selling a long gun.

 

[.40plinker]

I forgot to update this thread when I heard back from ISP. I will be requesting a new license with my updated drivers license.

Thank you very much for the timely response but I have a follow up question. As I commonly return home to visit family and friends, will the carry permit, which is still valid, allow me to carry a firearm even as a non-resident within the state of Indiana?

The State of Indiana does have an Out- of- State Resident exception see the Indiana Code below.

The Indiana Handgun Code does not address the validity of the Handgun Carry License if the holder moves out of state.

To change the address use the link provided.

 

[CountryBoy19]

I forgot to update this thread when I heard back from ISP. I will be requesting a new license with my updated drivers license.

This is good news!!! Glad to see that it doesn't, in fact, become inactivated when you move out of state.

 

[mytime34]

So glad I read this forum page, I did not realize that I had forgotten to change my address for my license. Oops

 

[jgreiner]

First off, I completely forgot that I was even registered on this site. I made the mistake of moving to be closer to my wife's family in Maryland(I regret it every day, the only thing that makes it worth it is my wife). You never realize how good Indiana is until you leave.

With that said, I had my unlimited lifetime carry permit while I was an Indiana resident. Since I have established residency, can I do anything with the permit or is it garbage at this point? Could it as simple as notifying the ISP, giving them my new address and getting it converted to a non-resident license?

Move over to Virginia. We are far more sane.

 

[Libertarian01]

I forgot to update this thread when I heard back from ISP. I will be requesting a new license with my updated drivers license.

"The State of Indiana does have an Out- of- State Resident exception see the Indiana Code below.

The Indiana Handgun Code does not address the validity of the Handgun Carry License if the holder moves out of state.
To change the address use the link provided."

To All,

The section in bold black above would give me cause for concern.

Besides, just because ISP "said I could" doesn't make a very good defense if there is an issue.

For what it is worth, I would go with those who have an extremely deep understanding of our laws and get the Florida license. Sometimes it is best to invest in a metal detector to avoid landmines rather than thinking there are no mines at all...

Regards,

Doug

 

[Paul30]

For what it is worth, I would go with those who have an extremely deep understanding of our laws and get the Florida license. Doug

How deep an understanding do you need. It is a LIFETIME License to carry a handgun. There are no provisions that state it becomes invalid other than becoming a prohibited person, therefore it remains valid after moving out of state and will be recognized by Indiana. As far as other states, yes, the safe thing would be to get a Florida license because it's easier than trying to keep up with 49 other states and worry about the expense of having to explain it in court even if you are right. It also gives you several other states that honor it that do not honor Indiana's. For Vets, they even take your DD214 as proof of training so you don't even have to take a class and can do it all by mail. But the Indiana license does remain valid once you have it, even if you move out of state.

 

[Timjoebillybob]

"The State of Indiana does have an Out- of- State Resident exception see the Indiana Code below.

The Indiana Handgun Code does not address the validity of the Handgun Carry License if the holder moves out of state.
To change the address use the link provided."

To All,

The section in bold black above would give me cause for concern.

Besides, just because ISP "said I could" doesn't make a very good defense if there is an issue.

For what it is worth, I would go with those who have an extremely deep understanding of our laws and get the Florida license. Sometimes it is best to invest in a metal detector to avoid landmines rather than thinking there are no mines at all...

Regards,

Doug

The Indiana code also does not address the method of carry, oc/cc/duct tape to forehead, etc. Or cooking bacon in the nude for that matter. Here are some relevant cites though.

IC 35-47-2-5
Suspension or revocation of license; failure to return license; rules
concerning procedure for suspending or revoking license
Sec. 5. (a) The superintendent may suspend or revoke any license
issued under this chapter if the superintendent has reasonable grounds
to believe that the person's license should be suspended or revoked.
(b) Documented evidence that a person is not a "proper person" to
be licensed as defined by IC 35-47-1-7, or is prohibited under section
3(g)(5) of this chapter from being issued a license, shall be grounds
for immediate suspension or revocation of a license previously issued
under this chapter. However, if a license is suspended or revoked
based solely on an arrest under section 3(g)(5) of this chapter, the
license shall be reinstated upon the acquittal of the defendant in that
case or upon the dismissal of the charges for the specific offense.
(c) A person who knowingly or intentionally fails to promptly
return the person's license after written notice of suspension or
revocation commits a Class A misdemeanor. The observation of a
handgun license in the possession of a person whose license has been
suspended or revoked constitutes a sufficient basis for the arrest of
that person for violation of this subsection.
(d) The superintendent shall establish rules under IC 4-22-2
concerning the procedure for suspending or revoking a person's
license.

240 IAC 3-2-1 Temporary suspension; notice; hearing
Authority: IC 10-11-2-10
Affected: IC 35-47-2-3; IC 35-47-2-4
Sec. 1. SUSPENSION–TEMPORARY. (1) The Superintendent will temporarily suspend a firearm license upon the written
request of a local police department, sheriff's department, prosecutor or full time police officer, without prior hearing.
(2) The request for suspension must state reasonable grounds for such suspension.
(3) Upon suspension, the licensee will be given notice of right to immediate hearing and grounds for the suspension.
(4) An authority requesting suspension must appear and prove the grounds for permanent revocation of the license.
(5) Failure of the requesting authority to appear at the hearing may cause reinstatement of license to licensee.

240 IAC 3-3-1 Revocation of license; hearing
Authority: IC 10-11-2-10
Affected: IC 4-21.5; IC 35-47-2-3; IC 35-47-2-4
Sec. 1. REVOCATION. (1) The Superintendent will permanently revoke a license only if he has proof of the allegation which
served as the grounds for temporary suspension.
(2) A revocation will be made only after an adequate hearing, as defined by the Indiana Administrative Adjudication Act–IC 4-22-1

Anywhere in there that mentions moving out of state?

 

[freekforge]

I wouldn't trust ISP just about everything they have told me was incorrect. If they told me the sky was blue id go outside and check.

 

[Paul30]

This is not ISP, this is simply reading the law, and recognizing that the lack of a law means it is legal. As I said in an earlier post, each state has their own laws. If Indiana has a LTCH that is lifetime and you move out of state, it does not become inactive. On the other hand, if another state does not honor nonresident licenses and THAT STATE interprets it as a non resident since you are a legal resident of a different state then that would be a problem with the other state. I would recommend getting a non resident Florida if you are traveling a lot simply to reduce the hassle, but the IN license does not go inactive in IN.

 

[.40plinker]

I live in Maryland... Only place that could be less free would be NJ, NY and DC. Only way to get a carry permit here is to know someone way up the food chain.

 

[Paul30]

I live in Maryland... Only place that could be less free would be NJ, NY and DC. Only way to get a carry permit here is to know someone way up the food chain.

Leave while you still aren't a felon for possession of....errrr......anything.