Handgun Permit questions

[Dewidmt]

I've had CCW licenses in several states, Idaho, Arizona and Indiana. The Arizona one came laminated from the state and the Idaho one is like our driver's license, very heavy plastic......

 

[kludge]

Update:

Dear Mr. Kludge:

There is nothing in the Indiana State codes that address this issue. If you have any other questions, please let us know.

Thanks,
XXXX

From:
Sent: Friday, March 28, 2008 9:30 AM
To: XXXX XXXX
Subject: RE: Gun permit​

Dear XXXX,

Hence the question. Is it legal or illegal? The Attourney General's office was also unable to answer this question. Since it is not covered in law does that mean it's legal? I know you probably can't answer that, but maybe you can answer this: Will I be arrested because I'm carrying a photocopy of a handgun license?

Now that we have lifetime licenses, there's little chance that a piece of pink 20# paper is going to last. Furthermore, the size of the license is problematic. The license comes with the recommendation to laminate the license, however, when laminated the license no longer fits the standard card slot in a wallet.

There are a number of us discussing these issues on an online forum, and we're trying to get good information.

Thanks for you help!

Best regards,
Kludge

Sir, if you need more clarification on this matter, please contact XXXX XXXXX at 1-800-XXX-XXXX. ​

Thanks,
XXXX​

 

[bwframe]

Easy Rhino, dont let that pink color seep into your head.

People go to school for a long time to learn the law. And most still don't know it then.

As long as noone was arrested in the last 70 minutes since you posted that, because they relied on your legal advise, I think you should sleep comfortably tonight.

But maybe you'll want to lay off the

Hey Rino,

How much cash you got on hand? I got a bail bondsman wanting to talk to you?

 

[CarmelHP]

You can't be convicted if you had a validly issued license, even if it was not on your person when stopped or arrested.

Quote:
“[A] person shall not carry a handgun in any vehicle or on or about the person's body... without a license… being in the person's possession.”
It is in the code. Whether or not you get convicted of carrying without a license is another matter.

IC 35-47-2-24
Indictment or information; defendant's burden to prove exemption or license; arrest, effect of production of valid license, or establishment of exemption
Sec. 24. (a) In an information or indictment brought for the enforcement of any provision of this chapter, it is not necessary to negate any exemption specified under this chapter, or to allege the absence of a license required under this chapter. The burden of proof is on the defendant to prove that he is exempt under section 2 of this chapter, or that he has a license as required under this chapter.
(b) Whenever a person who has been arrested or charged with a violation of section 1 of this chapter presents a valid license to the prosecuting attorney or establishes that he is exempt under section 2 of this chapter, any prosecution for a violation of section 1 of this chapter shall be dismissed immediately, and all records of an arrest or proceedings following arrest shall be destroyed immediately.

 

[kludge]

Nice work CarmelHP.

 

[skigun75]

So you only go to jail until you can bond out.
Can't be convicted.
Good to know.

And thanks to Carmel

 

[rhino]

CarmelHP comes to the rescue and saves the rhino's hide, if not his reputation.

I knew the part that he quoted, but I failed to recall the part I got wrong. This is a pride thing too, as I spend a lot of time studying these things and making a mistake that big is an unpleasant experience (in addition to being part of the internet misinformation brigade).

I'll have to work hard to regain my street cred!

 

[bwframe]

So you only go to jail until you can bond out.

For those that have never been behind bars, this may not be such a minor issue, especially in Marion Co. Quite an eye opener!

And you have to go through the trouble of getting your firearm back. Sometimes this is a real hassle. You may or may not get your ammo back.

 

[Paul]

So you only go to jail until you can bond out.
Can't be convicted.
Good to know.

And thanks to Carmel

You still dont want to have to pay to bond out and be stuck in jail.

 

[skigun75]

Sorry guys, I guess my sarcasm didn't really come through there.

Having seen some jails/prisons (from the blue side) I am fully aware that the LAST place I want to be is a booking room, even for 5 minutes.

I'll continue to carry my unobtrusive laminated pink permit in my pocket.

 

[pmpmstrb]

Anyone know if it is possible to upgrade to the lifetime if you currently have the 4yr? I don't know why I didn't get it in the first place so don't ask.

 

[kludge]

You have to wait until 180 days before your current permit expires.

 

[CarmelHP]

Sorry guys, I guess my sarcasm didn't really come through there.

Having seen some jails/prisons (from the blue side) I am fully aware that the LAST place I want to be is a booking room, even for 5 minutes.

I'll continue to carry my unobtrusive laminated pink permit in my pocket.

The thing, you may go down to the holding cell, even with your original permit, until the police do a positive ID on your prints. If they want to screw with you, they still can. However, I think most cops wouldn't care in the least as long as it represented a valid license.

 

[pmpmstrb]

I've been pulled over, I think, 3 times while carrying. Each time I tell the officer that I have a gun and ask them if they would like to see my permit. Not once have they said yes.