Carrying Handgun License / Drivers License on your Person?

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  • dusterboy49

    Sharpshooter
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    I agree, as an ex-leo I always advised people to carry some form of ID on them in case they were injured so that we would know who to notify in an emergency.
     

    m11

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    I agree, as an ex-leo I always advised people to carry some form of ID on them in case they were injured so that we would know who to notify in an emergency.

    Yeah many people carry those on their phones now too... many people have an ICE contact in their phone (in case of emergency) or some even have an emergency app on their home screen which details their medical history, medication, emergency contact information, insurance information, etc.
     

    BJMANIS

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    Aug 12, 2011
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    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.
    As added by P.L.311-1983, SEC.32.

    MAYBE !!!!
     

    Bill of Rights

    Cogito, ergo porto.
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    Where's the bacon?
    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.
    As added by P.L.311-1983, SEC.32.

    MAYBE !!!!

    Do you have evidence of this ever (in the last 28 years) being violated here in Indiana?
     

    Earl Sinclair

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    rw496

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    Nov 16, 2011
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    Lake County
    You might find this unbelievable, but up here people on the street occasionally lie about who they are an even memorize friends info. You got a gun on you and no picture ID AND gun permit you will be spending the night in county. You will have to prove to the prosecutor you were licensed and I will probably never hear about the case again
     

    Bill of Rights

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    You might find this unbelievable, but up here people on the street occasionally lie about who they are an even memorize friends info. You got a gun on you and no picture ID AND gun permit you will be spending the night in county. You will have to prove to the prosecutor you were licensed and I will probably never hear about the case again

    Does your MDT not pull up the BMV pic of the person with the DL? That is, cant you verify that the person is or appears to be who he claims to be?

    Blessings,
    Bill
     

    ATM

    will argue for sammiches.
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    You might find this unbelievable, but up here people on the street occasionally lie about who they are an even memorize friends info. You got a gun on you and no picture ID AND gun permit you will be spending the night in county. You will have to prove to the prosecutor you were licensed and I will probably never hear about the case again

    EDIT: What you are suggesting as a blanket policy would be an unlawful arrest in many instances.

    [STRIKE]Although legal, [/STRIKE]

    that strikes me as a rather poor attitude coming from anyone claiming to be even remotely supportive of the right to keep and bear arms.
     
    Last edited:

    lrahm

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    May 17, 2011
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    Does your MDT not pull up the BMV pic of the person with the DL? That is, cant you verify that the person is or appears to be who he claims to be?

    Blessings,
    Bill

    It can pull up the BMV picture but usually doesn't. I get better luck if they have been locally incarcerated and use the jail picture. Also the the state line are sometimes "down". Not making excuses. The ones I usually run into that don't have their license on them...are suspended. Once again if it is an innocent mistake a written or verbal warning might be the best thing. I run ito this about 2 - 3 times per week.
     

    Kirk Freeman

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    You got a gun on you and no picture ID AND gun permit you will be spending the night in county.

    Betcha I don't.:D

    So, um, you want to put your DL and LCTH on your phone so the cop can take your phone back to the car when he runs the 27 and he flips through your phone?:n00b:
     

    lrahm

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    Although legal, that strikes me as a rather poor attitude coming from anyone claiming to be even remotely supportive of the right to keep and bear arms.

    There are tons of people we run into that do use other's information. I strongly support the rights to keep and bear arms. I can work around someone not having their license to carry on them vs. a person who is using false info for their own gain. Sometimes a good slap on the hand goes further than the alternative. To clear up any misunderstanding and reading a ton of posts, if a person has a ltch, he is not your normal person in the sense. They have educated in the proper use of a handgun (for the most part) They are normal people who treasure their right and will not do any thing to jeopardize that right. In the years I have been involved with law enforcement, I can count on one hand what I would call a negative contact.
     

    m11

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    Nov 8, 2011
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    You might find this unbelievable, but up here people on the street occasionally lie about who they are an even memorize friends info. You got a gun on you and no picture ID AND gun permit you will be spending the night in county. You will have to prove to the prosecutor you were licensed and I will probably never hear about the case again

    1. You're in Lake County, so you may as well be part of Chicago, and I'm not really surprised with regard to your attitude.

    2. You'll hear about later when you get sued under IC 34-13-342 and/or U.S.C. §1983 for false arrest, especially since (provided the person was not operating a motor vehicle) they are NOT required by law to have either Driver's License or LTCH in their possession. Additionally, the citizen would have gone above and beyond their legal requirements by showing you and image of their DL AND LTCH. Pretty sure you'd lose that battle, and possibly your job if you took that approach.
     

    m11

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    Nov 8, 2011
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    Betcha I don't.:D

    So, um, you want to put your DL and LCTH on your phone so the cop can take your phone back to the car when he runs the 27 and he flips through your phone?:n00b:

    Scroll up... I would NOT recommend handing your phone over to a LEO. Simply show them the image.
     

    JettaKnight

    Я з Україною
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    Scroll up... I would NOT recommend handing your phone over to a LEO. Simply show them the image.

    I've never been in a situation where an officer didn't request to take my license(s) with him to his car.

    Also, are you photographing the back of the ID?
    How can you allow someone to photocopy your ID?
    What happens when your arrive at LAX an the car rental agency refuses to rent you a car because you don't have a license?
    Is there anyone who thinks this is a good idea?

    I can understand a photo of your LTCH, it's a lousy piece of paper, but your driver's license is far more important and the impetus to forge it is far greater.


    Personally, I wouldn't sell you a gun if all you showed me was a photo on your phone. Too easy to forge. At least with plastic you have to pay some guy in China a $100 to get a good one.
     

    Rookie

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    Sep 22, 2008
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    Kokomo
    You might find this unbelievable, but up here people on the street occasionally lie about who they are an even memorize friends info. You got a gun on you and no picture ID AND gun permit you will be spending the night in county. You will have to prove to the prosecutor you were licensed and I will probably never hear about the case again

    I would be willing to bet money you're wrong. It's win win for me. I win the bet, I get paid. I lose the bet, I'll still get paid.
     

    cobber

    Parrot Daddy
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    Sep 14, 2011
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    Somewhere over the rainbow
    Greetings, I'm new to the site, though I've been carrying in Indiana for over 15 years. I was wondering if anyone on here knows law with regard to carrying your permit on your person (and for that matter your driver's license). I'm in the process of digitizing most of my cards, etc. and trying to get to the point where I just carry my phone, and not my wallet with a zillion cards. I can immediately pull up an image of my carry permit, of my driver's license, etc. on my phone to present to a LEO, though I wouldn't necessarily have the physical license on my person.

    As near as I can tell, at least with regard to the Indiana License to Carry Handgun, you do not need to carry it on your person. Specifically the law states "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." Being licensed is different than having a license on your person.

    I couldn't find any other related threads from a search. I am not looking for opinions that state that you should carry it on your person, I'm looking for experiences from real life encounters, what the law states, and any relevant court cases associated. Thanks in advance!
    Have you tried the digitized DL at a traffic stop yet?

    Re the LTCH, what if you're in Michigan when you're stopped. Do their police have access to IDACS? Are they going to rely on a digitized image of a non-photo ID from another state. Just wondering...
     
    Last edited:

    Mackey

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    Nov 4, 2011
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    interwebs
    Great thread. I really appreciate this. The wife and I walk in the evenings frequently and she strongly encouraged me to get a LTCH to allow legal carry to ward off any wild dogs (or people). It will be much less of a hassle to not have to worry about this. I don't open carry anyway and issues won't arise unless I have to use the weapon I suppose. .. Again, much appreciated.
     

    Kirk Freeman

    Grandmaster
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    Mar 9, 2008
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    Lafayette, Indiana
    would NOT recommend handing your phone over to a LEO. Simply show them the image.

    What makes you think the officer is not going to take your phone back to the car?:dunno: While in the car he will flip through it.

    Technology is fine. Technology to have technology will accomplish nothing and just complicate matters.
     

    sonofagun

    Marksman
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    Jun 24, 2011
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    Bedford, IN
    Yeah many people carry those on their phones now too... many people have an ICE contact in their phone (in case of emergency) or some even have an emergency app on their home screen which details their medical history, medication, emergency contact information, insurance information, etc.
    Yeah...my wife bounced her vehicle which had a cup of coffee in a cupholder next to her iPhone wich was hooked up to the charger.

    Phone got doused with coffee and stopped working like...immediately.

    Keep a backup phone with all your info on it with you.
     

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