Lost CCW, can one carry?

[kludge]

Yes, the burden of proof is on the defense.

And just because you have a pink piece of paper and you think you have a valid license doesn't mean you have met the burden of proof.

There is a case, but I'm too lazy to look for it right now.

I don't know of any way, other than the pink paper, that you can "prove" you have a valid license. If the state says your license isn't valid, then it isn't valid. And they don't have to show any proof that your license isn't valid.

At least that was the way I read it. Again... I'm too lazy to go look it up.

 

[redlegrod]

Simple solution when he gets his new permit recommend he make copies. If he every loses it again he can just grab a copy.

 

[philagothon]

Simple solution when he gets his new permit recommend he make copies. If he every loses it again he can just grab a copy.

This!

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

And this!

When my wife and I got our licenses we went to the local Office Depot and made a bunch of copies (on pink paper & before signing!). We signed all of the copies, left the originals unsigned, and laminated two of each of our copies. I carry a copy of her license at all times & she carries a copy of mine. There is also a signed copy of each license in both vehicles.

 

[Hammerhead]

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.

Now that I've got the opportunity and access...

IC 35-47-2-1
Carrying a handgun without a license or by a person convicted of domestic battery; exceptions
Sec. 1. (a) Except as provided in subsections (b) and (c) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body without being licensed under this chapter to carry a handgun.

This quote is from the current IC as listed on the in.gov website.

If you take a look here, you'll see that the code used to state that you had to have it in your possession. This website is out of date, which is good because it gives us an opportunity to study the difference.

I know that the burden of proof is on the defendant that they are licensed as stated in 35-47-2-24, however unless the LEO or prosecutor are really being hard nosed about it, they'll probably run the information of the person anyway and find the license to be valid even if it's not present.

 

[Scutter01]

Now that I've got the opportunity and access...


This quote is from the current IC as listed on the in.gov website.

If you take a look here, you'll see that the code used to state that you had to have it in your possession. This website is out of date, which is good because it gives us an opportunity to study the difference.

I know that the burden of proof is on the defendant that they are licensed as stated in 35-47-2-24, however unless the LEO or prosecutor are really being hard nosed about it, they'll probably run the information of the person anyway and find the license to be valid even if it's not present.

You're right. I clearly remember it saying "in the person's possession", now that you've pointed it out, but didn't notice that it changed. That's an interesting little tidbit of information. I wonder if it was changed because it's so easy to verify an LTCH now?

 

[kludge]

I possess lots of things that aren't on my person.

just sayin...

 

[Fullmag]

LEO's have different ideas what is allowed and not allowed by law. Like to detain or arrest.

 

[Hammerhead]

You're right. I clearly remember it saying "in the person's possession", now that you've pointed it out, but didn't notice that it changed. That's an interesting little tidbit of information. I wonder if it was changed because it's so easy to verify an LTCH now?

Not certain. I believe it changed sometime with the introduction of the local regulation change or when they changed the law to allow for carry to the range. I don't really remember exactly when.

Makes things easier for us.

 

[indykid]

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

When I first saw the title, I was going to tell you to tell your buddy to contact ATF and the local police because he lost his Concealed Carry Weapon, but then I read and found out he lost his License to Carry a Handgun.

 

[Buckshot]

Tell him to make copies on the same color paper and keep them in the safe...