Lifetime LTCH and moving out of state?

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • NateIU10

    Master
    Rating - 0%
    0   0   0
    Feb 19, 2008
    3,714
    38
    Maryland
    Back when I was moving out of Indiana to the wonderful world that is Maryland :rolleyes: ISP would "deactivate" your LTCH based on an out of state residence. I was bored today and I do not see how, under the law, they were able to do that. Is that how the ISP currently treats a person moving out of state?

    A lifetime license is valid for the life of the individual receiving the license.

    Ind. Code Ann. § 35-47-2-3 (West)

    Moving out of state does not result in automatic revocation.
    a lifetime license is automatically revoked if the license holder does not remain a proper person.

    Ind. Code Ann. § 35-47-2-3 (West)

    “Proper person” means a person who:(1) does not have a conviction for resisting law enforcement under IC 35-44.1-3-1 within five (5) years before the person applies for a license or permit under this chapter;


    (2) does not have a conviction for a crime for which the person could have been sentenced for more than one (1) year;


    (3) does not have a conviction for a crime of domestic violence (as defined in IC 35-31.5-2-78), unless a court has restored the person's right to possess a firearm under IC 35-47-4-7;


    (4) is not prohibited by a court order from possessing a handgun;


    (5) does not have a record of being an alcohol or drug abuser as defined in this chapter;


    (6) does not have documented evidence which would give rise to a reasonable belief that the person has a propensity for violent or emotionally unstable conduct;


    (7) does not make a false statement of material fact on the person's application;


    (8) does not have a conviction for any crime involving an inability to safely handle a handgun;


    (9) does not have a conviction for violation of the provisions of this article within five (5) years of the person's application;


    (10) does not have an adjudication as a delinquent child for an act that would be a felony if committed by an adult, if the person applying for a license or permit under this chapter is less than twenty-three (23) years of age;


    (11) has not been involuntarily committed, other than a temporary commitment for observation or evaluation, to a mental institution by a court, board, commission, or other lawful authority;


    (12) has not been the subject of a:

    (A) ninety (90) day commitment as a result of proceeding under IC 12-26-6; or


    (B) regular commitment under IC 12-26-7; or



    (13) has not been found by a court to be mentally incompetent, including being found:

    (A) not guilty by reason of insanity;


    (B) guilty but mentally ill; or


    (C) incompetent to stand trial.

    Ind. Code Ann. § 35-47-1-7 (West)

    Moving out of state does not appear to give rise to permissive revocation either.
    Sec. 5. (a) The superintendent may suspend or revoke any license issued under this chapter if he has reasonable grounds to believe that the person's license should be suspended or revoked.

    (b) Documented evidence that a person is not a “proper person” to be licensed as defined by IC 35-47-1-7, or is prohibited under section 3(g)(5) of this chapter from being issued a license, shall be grounds for immediate suspension or revocation of a license previously issued under this chapter. However, if a license is suspended or revoked based solely on an arrest under section 3(g)(5) of this chapter, the license shall be reinstated upon the acquittal of the defendant in that case or upon the dismissal of the charges for the specific offense.


    (c) A person who fails to promptly return his license after written notice of suspension or revocation commits a Class A misdemeanor. The observation of a handgun license in the possession of a person whose license has been suspended or revoked constitutes a sufficient basis for the arrest of that person for violation of this subsection.


    (d) The superintendent shall establish rules under IC 4-22-2 concerning the procedure for suspending or revoking a person's license.





    Ind. Code Ann. § 35-47-2-5 (West)
     

    chezuki

    Human
    Rating - 100%
    48   0   0
    Mar 18, 2009
    34,152
    113
    Behind Bars
    Indiana does not issue out of state licenses. If you move out of state, you are no longer an Indiana resident.
    The Indiana LTCH is only valid for Indiana residents. Ergo, if you are no longer an Indiana resident, the LTCH is invalid.

    It's not revoked, just invalid until you meet the criteria for it to be valid again, as in move back.
     

    NateIU10

    Master
    Rating - 0%
    0   0   0
    Feb 19, 2008
    3,714
    38
    Maryland
    Indiana does not issue out of state licenses. If you move out of state, you are no longer an Indiana resident.
    The Indiana LTCH is only valid for Indiana residents. Ergo, if you are no longer an Indiana resident, the LTCH is invalid.

    It's not revoked, just invalid until you meet the criteria for it to be valid again, as in move back.

    And I am saying there is no provision in the law, that I can find, that allows for that mechanism, nor for the requirement of residency once issued. The residency requirements (or place of business for non-residents, as there are indeed non-resident IN licenses issued) are ONLY in the statute for issuance of a LTCH. There is nothing stating that you must remain an IN resident, but the law specifically states that the lifetime LTCH is valid for the lifetime of the individual.
     

    NateIU10

    Master
    Rating - 0%
    0   0   0
    Feb 19, 2008
    3,714
    38
    Maryland
    Test case? I think I'll just start off by sending the ISP a letter...

    This thread was more of a question. Is that what the ISP still does when a licensee with a lifetime LTCH moves out of state?
     

    chezuki

    Human
    Rating - 100%
    48   0   0
    Mar 18, 2009
    34,152
    113
    Behind Bars
    I'd still be interested to hear what they say. Under your interpretation it's essentially a Lifetime LTCH in any state that reciprocates Indiana regardless of residence. That would be awesome, but I just don't thinks it's the case.
     

    aaron580

    Master
    Rating - 100%
    29   0   0
    Nov 27, 2012
    4,017
    48
    Morgan County
    I would like to confirm this as well since my friend moved to montana for school after he got the lifetime and last Christmas he was back here carrying.

    He is considered a resident of montana now.
     

    NateIU10

    Master
    Rating - 0%
    0   0   0
    Feb 19, 2008
    3,714
    38
    Maryland
    As of 10/1 this state requires fingerprints and training for a license to purchase a handgun, then you have to wait 7 days once you get the license to pick up any handgun you purchase. Not to mention the classes of firearms that were just banned. I wish I were back in Indiana all the time.
     

    minuteman32

    Expert
    Rating - 100%
    11   0   0
    Mar 23, 2008
    1,002
    38
    Central IN
    When I asked the ISP about this, they said that the lifetime LTCH would be essentially, inactivated, when the holder moves out of state. As long as one is an IN resident & has an IN address on file w/ the ISP, they should be good. Once you change your residence, it becomes invalid.
    Example; I was an IN resident & went to college in MO. IN LTCH was still valid because I was an IN resident. If I stayed in MO, got a MO drivers license, MO car registration, MO voter ID, etc. I would've become a MO resident & when ISP would be notified of this, my IN LTCH would become invalid at that point.
     

    baba

    Marksman
    Rating - 0%
    0   0   0
    Aug 24, 2013
    169
    16
    NW Indiana
    If you ever file a forward or change of address with the USPS, they tend to notify EVERYONE that you change. It works its way though the system. When I moved out of Nebraska, the State police were notified of my address change, and sent me a letter saying I had 30 days to return my now invalidated CCW permit, or face prosecution. This was all before I'd even officially had a residence in Indiana - and all just based on a mail forward. So, word gets around when you move. :)

    -Brian
     

    tobi

    Plinker
    Rating - 0%
    0   0   0
    Feb 4, 2011
    95
    6
    I will be moving out of state for a couple of years, then returning after retirement. Will I have to reapply for an Indiana "lifetime" LTCH?
     

    NateIU10

    Master
    Rating - 0%
    0   0   0
    Feb 19, 2008
    3,714
    38
    Maryland
    I will be moving out of state for a couple of years, then returning after retirement. Will I have to reapply for an Indiana "lifetime" LTCH?

    No.

    This is the response I got from ISP:

    Mr. NateIU10,
    You must change your address. Attached is the form for requesting an address change and/duplicate license. I am not sure who you may have spoken to in 2008 however you are correct that lifetime permits continue to be valid if you move. However, do check to make sure that your current state recognizes the Indiana permit even though you are their resident.

    Indiana State Police

    So, there is no "deactivation" and a LTCH remains valid. Cool.
     

    Paul30

    Expert
    Rating - 0%
    0   0   0
    Dec 16, 2012
    975
    43
    No.

    This is the response I got from ISP:



    So, there is no "deactivation" and a LTCH remains valid. Cool.

    So if I move to Florida where the Indiana LTCH is honored, I would not have my LTCH deactivated and not need to get another one since Florida honors Indiana permits? This would be great if it is correct.
     

    NateIU10

    Master
    Rating - 0%
    0   0   0
    Feb 19, 2008
    3,714
    38
    Maryland
    So if I move to Florida where the Indiana LTCH is honored, I would not have my LTCH deactivated and not need to get another one since Florida honors Indiana permits? This would be great if it is correct.

    I am pretty sure FL requires residents to have FL CWPs. They also do not recognize nonresident permits. So I do not think that would work.
     
    Top Bottom