LTCH: is it still valid after you move out of state?

[zebov]

So, from what I've read in the Indiana laws, it is quite clear an out of state resident cannot obtain a Indiana LTCH unless they work in Indiana. However, from what I have seen it is silent on what happens to your LTCH if you move out of state.

What do you guys think? Is the LTCH still valid (assuming you do all other legally required things such as inform them of a change in address)? If not, would it be valid again once you move back in state or would you have to reapply?

 

[Mr. Habib]

It will not be good as long as you live out of state, unless you meet the criteria by working here, owning property here, ect. However, if you were to move back in state before the license expired, it would then become valid again.

 

[zebov]

It will not be good as long as you live out of state, unless you meet the criteria by working here, owning property here, ect. However, if you were to move back in state before the license expired, it would then become valid again.

That's what I think too, but I only think that because they don't give new licenses to those who are out of state, which is not at all the same as saying it becomes invalid once you move out of state (or is only valid while you are still living within the state). Is that why you think this way too or do you know of some other info (law, court case, attorney general opinion, etc.) that leads you to that conclusion?

 

[zebov]

I think I've changed my mind. I think it IS still valid once you leave the state:

IC 35-47-2-3 (e)

...the superintendent shall issue to the applicant a qualified or an unlimited license to carry any handgun lawfully possessed by the applicant. The original license shall be delivered to the licensee. A copy shall be delivered to the officer to whom the application for license was made. A copy shall be retained by the superintendent for at least four (4) years in the case of a four (4) year license. The superintendent may adopt guidelines to establish a records retention policy for a lifetime license. A four (4) year license shall be valid for a period of four (4) years from the date of issue. A lifetime license is valid for the life of the individual receiving the license. The license of police officers, sheriffs or their deputies, and law enforcement officers of the United States government who have been honorably retired by a lawfully created pension board or its equivalent after twenty (20) or more years of service, shall be valid for the life of these individuals. However, a lifetime license is automatically revoked if the license holder does not remain a proper person.

The bolded and underlines part is what makes me feel this way. If it was revoked once you moved out of state, it would state as such either here or in the sections which discuss ways it can be invalidated. Neither is the case. There's plenty of discussion on ways you can lose your LTCH in the IC. It all has to do with losing proper person status or being arrested for something.

Conclusion: Your LTCH is still valid even if you move out of state.

 

[DWS]

Hmmm....

I'm not buying this.....

I can safely say that if we're trying to state that because I paid for a lifetime license then its good no matter where I live.... Well... that doesn't seem logical.

I paid for a 5 year CPL in my home state of Michigan. I moved out of state 2 years into it. So applying this logic then, I should have still had 3 good years left on that license....

NOPE - I can tell you right now the minute I became an Indiana Resident - my MI CPL was null and void! Its a STATE ISSUED license that only applies to a STATE RESIDENT.

I'm not saying it is or it isn't - I simply saying I wouldn't want to be the first to test it in court.....

I need a AG Opinion on this before believing otherwise though.......

 

[The Beaver]

DWS, you're correct about the Michigan license not being valid when moving out of state but this is because Michigan doesn't issue non-resident licenses whereas Indiana does. So if one were to obtain a lifetime Indiana license and moved out of state then the permit would simply apply as a lifetime non-resident permit which would just knock off NH, MI, FL, and CO from the list I believe.

 

[Pull Trigger Goes Bang]

I think this is a case of what the law says vs. what actually happens.

The law says that, once issued, a lifetime license is valid for life (unless you screw up).

What actually happens is that once you move out of state, when you tell the ISP (and you have to under the law now ... didn't used to) they put your license in some kind of inactive status.

Unless someone gets motivated to file an expensive lawsuit against the State of Indiana, and the courts decide correctly, "what actually happens" will probably win.

 

[zebov]

I think this is a case of what the law says vs. what actually happens.

The law says that, once issued, a lifetime license is valid for life (unless you screw up).

What actually happens is that once you move out of state, when you tell the ISP (and you have to under the law now ... didn't used to) they put your license in some kind of inactive status.

Unless someone gets motivated to file an expensive lawsuit against the State of Indiana, and the courts decide correctly, "what actually happens" will probably win.

I agree with this sentiment 100%. I do however think if you had enough time and money and desire, you would win the lawsuit. The way to approach it would be to move out of state, report the change of address, get the "inactive" notification, then appeal it and go from there I suppose.

Again, as you said, probably really expensive and probably not worth the effort... unless you happened to have some sort of criminal charges brought on you by another state or something for carrying without a license. Then it may actually make sense.

 

[rmabrey]

Yes it is valid for life, but only while you live here/work here. Moving out of state only puts your LTCH on "hold". When you move back and re-establish residence, you can reinstate your LTCH with no penalty

 

[CountryBoy19]

Geeze people, read the FAQ here, it's in there, it's been in there for a couple years now, courtesy of me. I called ISP firearms division to clarify this.

When you move out of state you notify ISP that you're no longer a resident, they will "deactivate" your license but it will remain in the system. Then, if you ever move back into IN, you just need to inform ISP that you're a resident again and they will reactivate your license.

DWS, you're correct about the Michigan license not being valid when moving out of state but this is because Michigan doesn't issue non-resident licenses whereas Indiana does. So if one were to obtain a lifetime Indiana license and moved out of state then the permit would simply apply as a lifetime non-resident permit which would just knock off NH, MI, FL, and CO from the list I believe.

IN only issues non-resident licenses under a very strict set of requirements. If you don't meet those requirements then it doesn't matter, you don't qualify for a license and your lifetime is no longer active. I'm not sure how they would handle the matter of a resident lifetime licensee that moved out of state but still qualifies for a non-resident license. They may simply just "convert his/her license type to non-res and he/she could opt to pay the $20 for a re-print, just like an address change would be handled, but I'm just guessing.

 

[Scutter01]

Geeze people, read the FAQ here, it's in there, it's been in there for a couple years now, courtesy of me. I called ISP firearms division to clarify this.

Nobody reads the FAQ.

 

[CountryBoy19]

Nobody reads the FAQ.

I know... I typically don't get on people too hard about not reading the FAQ, but I actually did it twice yesterday. Guess it was just my day to point out that we do, in fact, have an FAQ that is packed full of good information.

 

[jeremy]

Yes it is valid for life, but only while you live here/work here. Moving out of state only puts your LTCH on "hold". When you move back and re-establish residence, you can reinstate your LTCH with no penalty

Close....

Geeze people, read the FAQ here, it's in there, it's been in there for a couple years now, courtesy of me. I called ISP firearms division to clarify this.

When you move out of state you notify ISP that you're no longer a resident, they will "deactivate" your license but it will remain in the system. Then, if you ever move back into IN, you just need to inform ISP that you're a resident again and they will reactivate your license.

IN only issues non-resident licenses under a very strict set of requirements. If you don't meet those requirements then it doesn't matter, you don't qualify for a license and your lifetime is no longer active. I'm not sure how they would handle the matter of a resident lifetime licensee that moved out of state but still qualifies for a non-resident license. They may simply just "convert his/her license type to non-res and he/she could opt to pay the $20 for a re-print, just like an address change would be handled, but I'm just guessing.

There is a Caveat for those in the Military...

As long as a Service Member does not Change their Official State of Residence they maintain their Lifetime LTCH as if it was a simple change of Address within the State. Plus Several of the States we have reciprocity with also recognize this unique situation and do not require that the Service Member maintain that States License/Permit...