Lifetime LTCH and moving out of state?

[Pinchaser]

Some of you are making this harder than it needs to be.....

If you move, you must notify the ISP of your new address within 60 days (whether you move to another Indiana address or to Egypt.) If that new address is outside of Indiana, your LTCH is no longer valid. If you subsequently move back into Indiana, and notify the ISP yet again of your new address, the LTCH address will be changed to your current address and it once again is active. You cannot use your Indiana LTCH in another state if it is not currently valid in Indiana.

 

[NateIU10]

Some of you are making this harder than it needs to be.....

If you move, you must notify the ISP of your new address within 60 days (whether you move to another Indiana address or to Egypt.) If that new address is outside of Indiana, your LTCH is no longer valid. If you subsequently move back into Indiana, and notify the ISP yet again of your new address, the LTCH address will be changed to your current address and it once again is active. You cannot use your Indiana LTCH in another state if it is not currently valid in Indiana.

I just spoke with ISP, and that is NOT correct. There is no deactivation of a LTCH if you move out of state. It continues to remain valid, and may be used to carry in states that have reciprocity.

 

[Kirk Freeman]

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

Correct, just update your address.

If you are not a resident of State X instead of Indiana you will likely need a State X carry license.

When you move back to Indiana, your LTCH will remain valid, after you take it out of the freezer or gun safe.

 

[NateIU10]

Correct, just update your address.

If you are not a resident of State X instead of Indiana you will likely need a State X carry license.

When you move back to Indiana, your LTCH will remain valid, after you take it out of the freezer or gun safe.

Maryland has no reciprocity, and getting a Permit to Carry a Handgun is nigh impossible, unfortunately.

 

[Kirk Freeman]

Maryland has no reciprocity, and getting a Permit to Carry a Handgun is nigh impossible, unfortunately

Correct, but there may be hope for the future.

 

[Paul30]

So if I move to FL and become a legal FL resident I hear it takes a while to issue a CCW. If I am a resident of FL in Dec, and come back to visit IN in Feb and still have not recieved my FL CCW would my IN LTCH be valid in IN?

 

[maxmayhem]

its only valid in indiana when you are a indiana resident....what part of that dont you understand...this could be an issue if are not living in indiana, use your firearm or stopped with your firearm....then they look into it and discover you are not an indiana resident and therefore dont have a valid permit...guess what? you are in possession, in most states, of having a handgun without a permit,...you get charged and lose all your firearm rights...do it right or dont do it at all

 

[maxmayhem]

your answer is incomplete....does the license become valid again when you have residency in INDIANA or is it invalid forever?

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.

 

[Paul30]

its only valid in indiana when you are a indiana resident....what part of that dont you understand...this could be an issue if are not living in indiana, use your firearm or stopped with your firearm....then they look into it and discover you are not an indiana resident and therefore dont have a valid permit...guess what? you are in possession, in most states, of having a handgun without a permit,...you get charged and lose all your firearm rights...do it right or dont do it at all

The part I don't understand is which is correct. We have two mutually exclusive statements in the thread. Some say it is deactivated until you become a legal resident again, another says he called the ISP and was told it was not deactivated and would remain valid in any state that recognizes it. A link to the actual law might clear up which is correct.

 

[NateIU10]

its only valid in indiana when you are a indiana resident....what part of that dont you understand...this could be an issue if are not living in indiana, use your firearm or stopped with your firearm....then they look into it and discover you are not an indiana resident and therefore dont have a valid permit...guess what? you are in possession, in most states, of having a handgun without a permit,...you get charged and lose all your firearm rights...do it right or dont do it at all

That is directly inapposite to what the ISP has told me. A Lifetime LTCH is valid for the lifetime of the permittee. There is no provision for "deactivation", revocation, or suspension just because a person moves out of Indiana. As such, the LTCH remains valid and in force when you move out of state. THERE IS NO REQUIREMENT IN THE LAW THAT A PERSON REMAIN AN INDIANA RESIDENT TO RETAIN A VALID LIFETIME LTCH. Doing it right is looking at the law, which I posted in the first post, and seeing how the ISP enforces the law. Just because you are not an IN resident, does not mean you don't have a valid permit. They state that the " lifetime permits continue to be valid if you move." This includes out of state.

It's pretty clear. Here is my complete correspondence with the ISP (with pertinent information redacted.)

Subject: Lifetime LTCH and moving out of state

Hello,

I was issued a lifetime unrestricted Indiana License to Carry a Handgun (LIC No: XXXXXXX) on 03/02/XXXX. I was told when I changed my address and moved out of state by a State Trooper that, because the address change was out of state, my license would be "deactivated" until such time that I moved back to Indiana. My question is, what mechanism is the ISP using to accomplish this? I can find nothing in state law that allows for "deactivations", or for revocations/suspensions of a LTCH based on moving out of state.

State law provides that a lifetime license is valid for the life ofthe individual receiving the license. Ind. Code Ann. § 35-47-2-3 (West). The statute also provides that a lifetime license is automatically revoked if the license holder does not remain a "proper person". Ind. Code Ann. § 35-47-2-3 (West). Moving out of state does not result in automatic revocation under this, as I am still a "proper person" as defined in Ind. Code Ann. § 35-47-1-7 (West).

Moving out of state does not appear to give rise to permissive revocation or suspension. Ind. Code Ann. § 35-47-2-5 (West). The only portions of the law that require residency are for issuance of the LTCH, and nothing in the code states that residency must be maintained in order to have a LTCH after one has been issued to the licensee.

I believe that my IN LTCH, under state law, should still be valid,even though I am currently a MD resident. I would like to know the ISP's stance on this subject, and advise me if my LTCH is currently active.

Thank you,
NateIU10, J.D.
DOB: XX/XX/XXXX

Their reply:

Subject: [h=1]RE: Lifetime LTCH and moving out of state[/h]
Mr. Siegel,
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

That seems pretty cut and dry to me.

 

[Paul30]

Thank you NateIU10, a letter from the ISP is pretty good evidence to support that the license is a Lifetime License and is not deactivated upon becoming a resident in another state. For those wondering about the license being good in another state, the other state may honor your IN LTCH for a time even though you are a new resident. If I am reading this right, FL will not allow you to use the IN license indefinitely, but honor your IN LTCH for a 90 day period to get the new one. (I'm sure they want their cut of a license sale)

For Those Moving into Florida: http://www.handgunlaw.us/states/florida.pdf

(3)
If the resident of another state who is the holder of a valid license to carry a concealed weapon or
concealed firearm issued in another state establishes legal residence in this state by:
(a)
Registering to vote;
(b)
Making a statement of domicile pursua
nt to s.
222.17
; or
(c)
Filing for homestead tax exemption on property in this state,
the license shall remain in
effect for 90 days following the date on which the holder of the license establishes
legal state residence.
(4)
This section applies only to nonresident concealed weapon or concealed firearm license
holders from
states that honor Florida concealed weapon
or concealed firearm licenses

 

[CountryBoy19]

That seems pretty cut and dry to me.

Interesting....

I believe I was the one to initially bring the "deactivation" statement to light here. That was based upon a phone-call I made to ISP Firearms division way back when... This section of the INGO FAQ is even attributed to me... However, knowing that what they say does not carry "force of law" it seems either the person that verbally informed me back in 2008-2009 timeframe or the person that have informed you is wrong.

Legally speaking it appears this latter one might be right but IANAL either...

 

[maxmayhem]

hey if nobody is tooting your horn..toot it yourself

Interesting....

I believe I was the one to initially bring the "deactivation" statement to light here. That was based upon a phone-call I made to ISP Firearms division way back when... This section of the INGO FAQ is even attributed to me... However, knowing that what they say does not carry "force of law" it seems either the person that verbally informed me back in 2008-2009 timeframe or the person that have informed you is wrong.

Legally speaking it appears this latter one might be right but IANAL either...

 

[David D]

I guess that I wouldn't be too concerned about the technicality of how long (if at all) that it would take for my IN LTCH to return to active status after I moved back to IN (assuming that I moved out), as either my Utah or my FL permits would still be valid. There is some safety in duplication.

 

[chezuki]

I guess that I wouldn't be too concerned about the technicality of how long (if at all) that it would take for my IN LTCH to return to active status after I moved back to IN (assuming that I moved out), as either my Utah or my FL permits would still be valid. There is some safety in duplication.

Once you establish Indiana residency, neither the Utah nor Florida permits will be valid in Indiana. Fortunately, it seems as though the Indiana LTCH never actually deactivates.

 

[Paul30]

Once you establish Indiana residency, neither the Utah nor Florida permits will be valid in Indiana. Fortunately, it seems as though the Indiana LTCH never actually deactivates.

This almost makes too much sense to be true. Simple, legal, and effective. When I read this post quoting the ISP, it made my day. Since you are required to update your legal address, I wonder how it would be received in a state that accepted non resident CCW, when you have an Indiana CCW, a FL Drivers License, both attached to a FL address. I wish I had an official letter or web site posting I could print and leave in the glove box to unconfused an officer in another state. I'm sure it has the chance of confusing an officer or anyone else. Very glad to have it confirmed though. I don't like playing with a felony based on paperwork.

 

[CountryBoy19]

hey if nobody is tooting your horn..toot it yourself

I don't follow you, what are you trying to say?

 

[Dirtebiker]

Correct, just update your address.

If you are not a resident of State X instead of Indiana you will likely need a State X carry license.

When you move back to Indiana, your LTCH will remain valid, after you take it out of the freezer or gun safe.

Kirk, do you mean to say "not a resident of State X"^^^^^^ or "now a resident of state X"?

 

[Paul30]

Or, if you move to a state like Illinois that does not offer a CCW license or one like California that only issues one to "special" people then your Indiana LTCH is still valid in the states that will honor it. Although one would have to verify the state they were traveling in or staying in honors the Indiana LTCH, it's nice to know it is not deactivated when you move out of state. Indiana does have some positive qualities.