Carry permit legal question...

[.40plinker]

First off, I completely forgot that I was even registered on this site. I made the mistake of moving to be closer to my wife's family in Maryland(I regret it every day, the only thing that makes it worth it is my wife). You never realize how good Indiana is until you leave.

With that said, I had my unlimited lifetime carry permit while I was an Indiana resident. Since I have established residency, can I do anything with the permit or is it garbage at this point? Could it as simple as notifying the ISP, giving them my new address and getting it converted to a non-resident license?

 

[Bigtanker]

Once you become a resident of another state, your lifetime LTCH is void. As far as what to do with the pink slip, I'm not sure. Maybe call the state police and ask them.

 

[MisterChester]

You must have a place of business in Indiana for it to become a non-resident permit. If I were you I'd call ISP and ask them to deactivate it, so if you move back here at any time call them again to activate it once more.

 

[GodFearinGunTotin]

As I remember it, once you're issued a lifetime LTCH it's valid for your lifetime while you're a resident of IN and not an "improper" person. While you're a resident of another state, you're no longer covered by it in the state of Indiana but if you move back, notify the state police of your change of address, and you're good to go again. I tried to find the language but my Google-fu must be weak today.

 

[rockhopper46038]

^^^ This is my understanding as well. The lifetime LTCH becomes "inactive", but isn't cancelled.

 

[Timjoebillybob]

There was a thread not too long ago about this. The person asked the ISP about it and received a different answer, since there is nothing in the code to make a LTCH "inactive" they still remain active. So while IN doesn't issue non-resident unless the person has a place of business in IN, if you are a resident and receive a lifetime LTCH and then move out of state, you have one.

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

https://www.indianagunowners.com/forums/carry-issues-self-defense/321226-lifetime-ltch-moving-out-state.html Post 18

 

[chezuki]

There was a thread not too long ago about this. The person asked the ISP about it and received a different answer, since there is nothing in the code to make a LTCH "inactive" they still remain active. So while IN doesn't issue non-resident unless the person has a place of business in IN, if you are a resident and receive a lifetime LTCH and then move out of state, you have one.


https://www.indianagunowners.com/forums/carry-issues-self-defense/321226-lifetime-ltch-moving-out-state.html Post 18

+1

We really should have this added to the FAQ.

 

[.40plinker]

There was a thread not too long ago about this. The person asked the ISP about it and received a different answer, since there is nothing in the code to make a LTCH "inactive" they still remain active. So while IN doesn't issue non-resident unless the person has a place of business in IN, if you are a resident and receive a lifetime LTCH and then move out of state, you have one.


https://www.indianagunowners.com/forums/carry-issues-self-defense/321226-lifetime-ltch-moving-out-state.html Post 18

Funny that you post this thread because him and I are both members of Maryland Shooters If anyone on here ever thinks of moving to Maryland, please don't. The only difference between Maryland Government and Stalin's government was at least the Russians looked good in their uniforms.

 

[Kirk Freeman]

Right, your LTCH does not go into suspended animation or anything.

.40, just update your address and get a Florida license so you will be legal when you return to Indiana to visit.

 

[Redhorse]

+1

We really should have this added to the FAQ.

I couldn't agree more.

 

[Timjoebillybob]

.40, just update your address and get a Florida license so you will be legal when you return to Indiana to visit.

Why would he have to get a FL license? If his LTCH is valid, IN should accept it.

 

[HoughMade]

Why would he have to get a FL license? If his LTCH is valid, IN should accept it.

Not if he is not a resident...that's why Kirk said "to visit".

 

[Timjoebillybob]

Not if he is not a resident...that's why Kirk said "to visit".

I thought IN accepted all licenses unless you are a resident of this state, then they only accept the LTCH. Him not being a resident he should be covered by any license/permit including his valid LTCH. Unless I'm missing something.

 

[Redhorse]

I thought IN accepted all licenses unless you are a resident of this state, then they only accept the LTCH. Him not being a resident he should be covered by any license/permit including his valid LTCH. Unless I'm missing something.

You have to be a resident of Indiana or have a business here for your permit to be recognized.

 

[Kirk Freeman]

Him not being a resident he should be covered by any license/permit

. . . of another state or foreign country.

 

[Timjoebillybob]

You have to be a resident of Indiana or have a business here for your permit to be recognized.

You have to be a resident or have a regular place of business for one to be issued. All I can find in the code is that they honor all licenses/permits unless you are a resident of IN.

IC 35-47-2-1
Carrying a handgun without being licensed; exceptions; person
convicted of domestic battery
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.

He has a license issued under this chapter. If it was issued by another state or foreign country it would be covered under this section.

IC 35-47-2-21
Recognition of retail dealers' licenses and licenses to carry
handguns issued by other states
Sec. 21.
(b) Licenses to carry handguns, issued by other states or foreign
countries, will be recognized according to the terms thereof but only
while the holders are not residents of Indiana.

. . . of another state or foreign country.

Do you have any IC or case law for that? This is like saying a person has a job in IN and gets a non-res And loses his job the day after that, he would no longer be covered. That section of code covers licenses not issued by Indiana, his was issued by IN.

 

[chezuki]

You have to be a resident or have a regular place of business for one to be issued. All I can find in the code is that they honor all licenses/permits unless you are a resident of IN.


He has a license issued under this chapter.



Do you have any IC or case law for that? This is like saying a person has a job in IN and gets a non-res And loses his job the day after that, he would no longer be covered.

The lawyer folks aren't going to agree until there's been a case decided about it.

The residency requirements are specified in the Indiana code only for ISSUING the LTCH. No where does it say anything about the license becoming inactive or "going dormant" if you move out of state. The letter from ISP mentioned in post 6 supports this.


From thread linked in that post, you'll see that I've changed my opinion on this issue. Seems I'm not as stubborn as even I thought I was.

 

[Timjoebillybob]

The lawyer folks aren't going to agree until there's been a case decided about it.

The residency requirements are specified in the Indiana code only for ISSUING the LTCH. No where does it say anything about the license becoming inactive or "going dormant" if you move out of state. The letter from ISP mentioned in post 6 supports this.


From thread linked in that post, you'll see that I've changed my opinion on this issue. Seems I'm not as stubborn as even I thought I was.

Yep that is why I stated the residency/place of business applies to issuing. In reply to Redhorse who stated it had to do with recognizing. Which the only thing I can find in the IC is that if you are a resident of IN they don't honor other permits, it has to be a LTCH.

I've changed my opinion on it as well. And I can be pretty stubborn......

 

[.40plinker]

The lawyer folks aren't going to agree until there's been a case decided about it.

The residency requirements are specified in the Indiana code only for ISSUING the LTCH. No where does it say anything about the license becoming inactive or "going dormant" if you move out of state. The letter from ISP mentioned in post 6 supports this.


From thread linked in that post, you'll see that I've changed my opinion on this issue. Seems I'm not as stubborn as even I thought I was.

So I got a reply from ISP today and it is contradictory in a sense.

At this time nothing happens to your Indiana lifetime firearms permit. It continues to be valid if you ever move back to Indiana. You may want to check with your new state because as their resident they may want you to apply for their license.



Indiana State Police

What is contradictory is that they have stated that nothing has happened to my permit. If I were to move back to Indiana it continues to be valid. Well, is it suspended since I am no longer a resident or is it currently valid? It can't be both. Obviously I wouldn't expect the permit to be valid in my current state of residence (although Maryland isn't a state so much as an extension of Stalin's Russia) but why wouldn't be valid in Indiana when I visit?

I shot them a follow up questioning if the permit is still valid when I am visiting Indiana. I will let you guys know what they say.

 

[Dirtebiker]

What is contradictory is that they have stated that nothing has happened to my permit. If I were to move back to Indiana it continues to be valid. Well, is it suspended since I am no longer a resident or is it currently valid? It can't be both. Obviously I wouldn't expect the permit to be valid in my current state of residence (although Maryland isn't a state so much as an extension of Stalin's Russia) but why wouldn't be valid in Indiana when I visit?

Because you are NOT a RESIDENT!