LTCH and residency question

[tgmorris99]

I've looked and haven't seen this exact scenario so I thought I'd get clarification before filling out the online Application for Handgun License.

I've owned a home in Indiana since fall of 2007 and last year moved to Georgia for a job while my wife stayed and tried to sell the house. We never sold due to the economy but I did get a Georgia DL so I could purchase guns there as well as obtain a Georgia Weapons Carry Permit.

Long story short, I've moved back to Indy and reinstated my IN DL (had to take the test again which seems stupid as my old DL would have still been valid) so how do I answer the Indiana residency question on the application? Other then the DL nothing ever changed so I'm inclined to state I've been a resident since 2007 as that will be least confusing.

Also, I'm assuming that the question about a previous handgun license only applies to previous Indiana licenses and not an out of state permits/license as there's no input area for the issuing jurisdiction.

TIA for any clarifications.

 

[G_Stines]

I personally would say that you, being a homeowner (wether or not you tried to sell) and the fact that your wife stayed here, would count you as an IN resident. You payed the taxes and ect. On the application I would say you had been a resident since 2007. In the even that your GA DL causes a red flag, I would simply tell them what you just said, that you went out there for work, were considering moving there, hence the DL and GWCP, but due then the job was no longer availiable (the assumption I got from the long story short) and decided to come back to IN. I am not a Lawyer, although sometimes I do play pretend on the internet. Worse comes to worse... call the Indiana State Police and ask them. They process the applications and are the ones you contact in the event you do move out of state to de-activate/re-activate your license and notify for change of address, so I would imagine they could tell you.

 

[tgmorris99]

... call the Indiana State Police and ask them.

Sometimes the obvious answer is just that... doh! Guess I'll call them in the morning to find out.

 

[G_Stines]

Probably the best course of action. Goodluck, and I would honestly be surprised if they had an issue with it. I really would.

 

[cobber]

Did you own property in Georgia? Where did you pay taxes? If you continued to pay Indiana taxes, I would think that would be determinative.

I think you would actually need to move your domicile (you didn't) with the intent to change residency (you were thinking about that) to lose your Indiana residency.

See what ISP says, although you might want their opinion in writing, just in case.

 

[tgmorris99]

Just to wrap this up for any others that may run into a similar situation...

I called the ISP and explained the situation. The person on the phone replied that I should use the more recent date however after I repeated that I continually owned a residence in Indiana since 2007 they said to use the 2007 date. Sort of sounds like they may not be 100% certain either but I'll use the original date and see what happens.

 

[Scutter01]

Maybe this will help. It's from the INGO FAQ and it describes what Indiana considers to be a resident:

I'm moving to Indiana. How do I "establish residency"? (In other words, what act will make my permit from elsewhere no longer valid?)

IC 9-13-2-78
Indiana resident
Sec. 78. "Indiana resident" refers to a person who is one (1) of the following:
(1) A person who has been living in Indiana for at least one hundred eighty-three (183) days during a calendar year and who has a legal residence in another state. However, the term does not include a person who has been living in Indiana for any of the following purposes:

(A) Attending a postsecondary educational institution.
(B) Serving on active duty in the armed forces of the United States.
​

(2) A person who is living in Indiana if the person has no other legal residence.

(3) A person who is registered to vote in Indiana.

(4) A person who has a child enrolled in an elementary or a secondary school located in Indiana.

(5) A person who has more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) derived from sources in Indiana using the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who is considered a resident under this subdivision is not a resident if the person proves by a preponderance of the evidence that the person is not a resident under subdivisions (1) through (4).

(6) A person who:

(A) is enrolled as a student of a truck driver training school;
(B) has legal residence in another state but is living in Indiana temporarily for the express purpose of taking a course of study from the truck driver training school; and
(C) intends to return to the person's state of residence upon completion of the course of study of the truck driver training school.​

 

[tgmorris99]

Thanks. I had actually read all that prior to posing my question.

The issue seems to be that I had a DL from Georgia which implies I was a resident there - which I was for all intents & purposes. The conflicting part is that I never surrendered my legal residence in Indiana and did pay taxes for the year in question.

In the long run it won't matter other than I don't want any confusion or intended misrepresentation when filling out the application for the LTCH. Since I've given up my GA DL my GWCL no longer pertains to being able to carry so I'd like that remedied.

 

[Scutter01]

Seems like from reading the Indiana code that it doesn't matter where you have a DL from, as long as you meet one of the criteria listed you're good to go. If you lived here for 183 days or you derive more than 1/2 of your income from Indiana, then you're a resident.

 

[tgmorris99]

UPDATE:

I filled out my online application on 10/9 and went to the local L1 on 10/11. After the visit to L1 I headed to the Sheriff to pay the local fees. Had my LTCH in the mail on 10/14. Seems like that must be some sort of a record for quick turnaround.

 

[G_Stines]

UPDATE:

I filled out my online application on 10/9 and went to the local L1 on 10/11. After the visit to L1 I headed to the Sheriff to pay the local fees. Had my LTCH in the mail on 10/14. Seems like that must be some sort of a record for quick turnaround.

Glad to hear it! L1 has incredible turn around times. Welcome aboard the carry club!