Lost CCW, can one carry?

[rn7554]

My buddy lost his CCW and applied for a duplicate. He's wondering if he can carry till he gets his new one.

 

[Sylvain]

Is you buddy from Indiana?
If he is you must be talking about his LTCH, Licence To Carry a Handgun.Either open carry or concealed carry.
I think you need to have the actual pink paper on your person to carry.I would not carry without it.

 

[patience0830]

Quick! Somebody post the IC before the mis-information gets out of hand!

 

[NIFT]

Quick! Somebody post the IC before the mis-information gets out of hand!

What are you, some kind of fun squasher?
Don't ruin an exchange of off-the-cuff opinions with facts!

 

[Scutter01]

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.

https://www.indianagunowners.com/forums/genera...tml#post187168

 

[Gunaria]

One loses their drivers license can they still drive?

 

[Scutter01]

One loses their drivers license can they still drive?

It doesn't matter. It only matters what the law says about your handgun license, which I've quoted above.

 

[oldshaky]

I dont think I would risk it , it is much easier to wait on your replacement LTCH permit , than to go through any other red tape hassle. If arrested for not having it you can probably bet it will cost you plenty to get it cleared up.

 

[Mackey]

It doesn't matter. It only matters what the law says about your handgun license, which I've quoted above.

It also matters what kind of mood the prosecutor is in and / or if you know someone in the prosecutor's office.

 

[Scutter01]

It also matters what kind of mood the prosecutor is in and / or if you know someone in the prosecutor's office.

I'm sure you're right. The statute says that the burden of proof is on the defendant, but I also know that it's laughably easy for most officers to call in to check to see if you have a valid license at the time they stop you. In fact, if they're stopping you for it, they should be calling it in whether you present it or not, to make sure the one you hand them is real. It shouldn't be strictly necessary to have your LTCH on you at all times. However, I can see an overzealous officer arresting you for not having it and I can think of at least two prosecutors who would push it all the way to court before they'd drop it as required by law.

 

[Knight 1]

That clears up everything........

 

[Scutter01]

That clears up everything........

It does. The answer is: "The burden of proof is on the defendant". So no, you can't carry if you misplace your license unless you want to risk having to clear your record after being charged with "carrying without a license".

 

[superjoe76]

When one applies for a duplicate, do they get a receipt? Have a copy of your original and a copy of your duplicate receipt (assuming you get one) just in case.

I wonder if this would be enough to satisfy a LEO?

 

[Hogwylde]

One loses their drivers license can they still drive?

YES!! the following IC applies:
IC 9-24-13-6
Validity of licenses and permits; burden of proof; production of evidence
Sec. 6. (a) Subject to subsection (b), in a proceeding to enforce section 3 of this chapter, the burden is on the defendant to prove by a preponderance of the evidence that the defendant had been issued a driving license or permit that was valid at the time of the alleged violation.
(b) A person may not be convicted of violating section 3 of this chapter if the person, within five (5) days from the time of apprehension, produces to the apprehending officer or headquarters of the apprehending officer satisfactory evidence of a permit or license issued to the person that was valid at the time of the person's apprehension.

 

[jworm1420]

i went out earlier today carrying, and wouldnt u know it i realized i forgot my wallet. i slid my pistol to my fiancee (she had her LTCH) its not worth the risk. just wait till ur duplicate gets there

 

[Tin Cup]

One loses their drivers license can they still drive?

Yes but you can get a ticket for not having it in your possession.

 

[Double T]

Yes but you can get a ticket for not having it in your possession.

Incorrect. I have not had it in my possession and recited the number from memory.

You have so many hours to provide before being in trouble. It is a good idea to memorize it anyway.

 

[Hammerhead]

Actually, Scutter, there's more to this than just the IC about providing the LTCH being grounds for complete nuking of the arrest and any follow up.

The law also now states that one must be licensed under the code, but not necessarily that it must be carried.

I want to quote the code, but for some reason the in.gov website is not allowing me to look at the IC sections right now.

One must be properly licensed to carry in IN. I'd like to say that most police officers would understand a lost license and still run the info in the computer, especially since it comes up with your DL info now.

Once the in.gov website gets over it's hiccup, I'll post the code.

 

[Scutter01]

Actually, Scutter, there's more to this than just the IC about providing the LTCH being grounds for complete nuking of the arrest and any follow up.

The law also now states that one must be licensed under the code, but not necessarily that it must be carried.

I want to quote the code, but for some reason the in.gov website is not allowing me to look at the IC sections right now.

I'd be interested in your analysis. The only thing I can find in the IC is the part I quoted above, which states that the burden of proof is on the defendant.

 

[MikeDVB]

One loses their drivers license can they still drive?

Off topic and sarcastic, but... Generally, from my experience, if you replace it (i.e. you have a valid license at the time you were asked for it and got cited for not having it) before your court date a judge will dismiss the charge/ticket.

I know officers can run your social and get your driving privileges so they know if you're actually licensed or not - but that doesn't stop you for citing you for not having it on you as the law says you should.

Now I have my DL number memorized, we'll have to see if that ever comes in handy.