Left home without my wallet...

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  • Concerned Citizen

    Sharpshooter
    Rating - 0%
    0   0   0
    Sep 1, 2010
    735
    18
    Brownsburg
    So I get 1/2 way to work, realize I don't have my wallet.
    Gas tank full, check.
    $20 in my pocket for lunch, check.
    9mm concealed, crap!

    SO what's my legal exposure? If I get pulled over, searched & found, (yes, the chances are slim, but they are there), can the officer call to verify that I have a valid LTCH?

    If I get ticketed for carrying without, & my weapon is confiscated, does the judge, after seeing me in court with my valid LTCH pre-dating the violation, say "No harm-no foul"?
     

    finity

    Master
    Rating - 100%
    1   0   0
    Mar 29, 2008
    2,733
    36
    Auburn
    The IC used to say that you had to carry the LTCH in your possession. Now it just says you have to be licensed with no requirement to actually have it with you.

    That is sort of a moot point though since you can be arrested for carrying without a LTCH if you can't prove you have one when the cop stops you.

    However according to the IC as soon as you produce evidence that you actually are licensed then all charges must be dropped & all recoreds of the arrest must be destroyed.

    So, yes, you should carry it to make things easier. Yes, a cop COULD find a record of your license if they looked hard enough but it's not their burden to prove you have one. It's yours. And, finally, no, it's not the end of the world if you get caught without the LTCH on you. Inconvenient, but not the end of the world.

    www.in.gov/legislative/ic/code/title35/ar47/ch2.html
     
    Last edited:

    T.Lex

    Grandmaster
    Rating - 100%
    15   0   0
    Mar 30, 2011
    25,859
    113
    To expand on the above answer, IC 35-47-2-24(b) is supposed to kick in.
    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.

    At least, that's the way it is supposed to work. I can't recall it ever being tested, though.
     

    IndianaSigma

    Sharpshooter
    Rating - 0%
    0   0   0
    Oct 18, 2011
    575
    16
    Huntington, IN
    I keep a photo of my LTCH on my phone for this reason (not sure that it would help at all, but at least it's something). LTCH is always in my wallet though.
     

    iamaclone45

    Expert
    Rating - 0%
    0   0   0
    Feb 2, 2009
    1,304
    38
    Indiana
    I keep a replica/copy of my LTCH in each one of my jackets, one in my glove box, and one in each of my range bags; along with my wallet.

    This pretty much insures that I always have my LTCH with me.

    Excessive? Probably. :D
     

    Scutter01

    Grandmaster
    Rating - 100%
    2   0   0
    Mar 21, 2008
    23,750
    48
    From the INGO FAQ:

    So what if I don't have my properly issued and valid LTCH with me and I get stopped?
    Fortunately, the law provides for this situation.
    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.
    Note that you will probably still be arrested (although that is not a certainty), and if so, having your arrest record expunged is subject to all of the fun of a typical over-sized bureaucracy. In other words, it may take awhile. Possibly years.
     

    Mr Evilwrench

    Quantum Mechanic
    Emeritus
    Rating - 0%
    0   0   0
    Aug 18, 2011
    11,560
    63
    Carmel
    I remember my CDL number, but I remember my credit card numbers and VINs too :) Of course, I'm an excellent driver. I forget my wallet a time or two this time of year; I keep it in my jacket to avoid sciatic nerve issues, but sometimes the jacket stays home. Definitely going to do some duplicating.
     
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