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    BENBROWNING

    Plinker
    Rating - 0%
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    Jun 6, 2011
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    Hello Indiana Gun Owners!

    I am a new member and came across the forum while researching a question. So I signed up and it asked me to post about myself so I thought I'd ask the question too.

    I have an Indiana issued lifetime carry permit. Well, I should say one was issued to me. I lost my wallet and everything in it last month. All the Id's and$$ cards have been replaced A-OK, but the Gun permit replacement has not been replaced yet.
    1st question is: Do I have to have the permit on my person in order to still carry my weapon? Is It valid (albeit with some explanation to be sure) to carry and if the issue arises it can be proven to whatever authority questioning my right to carry by some higher authority?
    2nd question is: My wife and I are heading out on a cross-country trip soon. Is it wise to carry my weapon in my vehicle without my permit? What states recognize my permit and can they verify that info if I have a lost permit and get pulled over or something like that?

    Thanks for any info, Gun Owners:-)
     

    Scutter01

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

    Oops. I didn't make a copy of my LTCH, and I've managed to lose the one I have. Can I get a replacement?
    Yes. You just need to request a duplicate from the ISP. At this time, it's a $20 replacement fee. When you get it, make copies.
    https://www.indianagunowners.com/forums/carry_...ment_ltch.html
    ICPR: Home
    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.
    Quote:
    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.
    To answer your second question, I would absolutely not carry in another state (even one that honors the Indiana LTCH) without having my license actually in my possession. Note that I'm not referring to "Transporting". That's a completely different question and there is plenty of info on INGO that covers that topic. I'm only referring to CARRYING. Here are some more FAQ entries regarding Transporting in states that don't recognize our LTCH:

    How do I transport a gun across Illinois (or any other State where my Indiana License is not recognized)?
    The Federal Peaceable Journey Statute allows you to transport a handgun through intervening states provided you may legally do so at both the start and end of your journey. For example, you can legally pass through Illinois on your way to Iowa provided you are legal in both Indiana and Iowa. It's been said that anywhere you actually stop (gas, food, etc.) may be considered your "destination," although others have said small stops such as gas and food are still considered "traveling through." That said, Illinois is hostile to gun owners and you may not be able to assert your rights under the statute until after you've been arrested and charged, especially in the Chicago area. Here is the relevant statute:

    Quote:
    Code of Federal Regulations

    Title 18 > Part I > Chapter 44 > § 926a
    § 926A. Interstate transportation of firearms
    Release date: 20050803
    Notwithstanding any other provision of any law or any rule or regulation of a State or any
    political subdivision thereof, any person who is not otherwise prohibited by this chapter from
    transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any
    lawful purpose from any place where he may lawfully possess and carry such firearm to any
    other place where he may lawfully possess and carry such firearm if, during such transportation
    the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily
    accessible or is directly accessible from the passenger compartment of such transporting vehicle:
    Provided, That in the case of a vehicle without a compartment separate from the driver’s
    compartment the firearm or ammunition shall be contained in a locked container other than the
    glove compartment or console.


    As always, laws are subject to change, so please seek competent legal advice before your journey.

    https://www.indianagunowners.com/forums/genera...hat_is_il.html
    https://www.indianagunowners.com/forums/carry_..._illinois.html
    https://www.indianagunowners.com/forums/carry_...s_weekend.html

    But what if I'm going TO Illinois, not just passing through? Since Illinois is my destination, the Federal Peaceable Journey Statute doesn't really apply, does it?
    It's actually not as complicated as you think. Lock the firearm in a secure container, completely unloaded, but the ammunition CAN be in the same container (even loaded in a magazine... just don't have the mag loaded in the firearm!). Melensdad did some great explaining in this thread here:
    https://www.indianagunowners.com/forums/carry_...il_friday.html
    https://www.indianagunowners.com/forums/the_2n...ck_answer.html
     
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