Question from my father in law

[chezuki]

This entire thread is nothing more than an argument for national constitutional carry.

QFT!

 

[chezuki]

Your State of permanent residence is the one from which you file your taxes. I have property in another state, but I currently reside in Indiana and pay my State taxes here as well as declare Indiana on my federal tax forms. If a person would buy a gun here and falsely misrepresent their residence, it would be pretty hard to defend yourself once you have filed taxes. If you are filing taxes in MI, IN licenses become invalid. I have lived in 4 states in the last 12 years. When I moved back to Indiana my LTCH became valid again. Even though I have property in Texas, my Texas CHL became invalid when I moved here.

As long as you notified ISP of your address change as required, your Indiana license was never invalid.

 

[Caleb]

Don't be a goober and buy guns here and THEN move to Michigan

 

[Bennettjh]

This entire thread is nothing more than an argument for national constitutional carry.

 

[sidewinder27]

Prove it.
The Indiana license to carry is rendered inactive (invalid) upon declaration of residency in a different state.
It is no longer valid.
No, I don't believe Indiana will issue a license to a non-resident.

My sister and BIL just moved to Chicago for a job transfer and they get to keep their LTCH because she owns a business here and he is listed as an employee of it. She said she called the ISP to find out if they needed to mail the cards in or just file it, and this is what they were told.

 

[mpholic]

I hope this isn't hijacking the thread but MI has a gun registry? You have to register all your guns with the government?

 

[johntheplinker]

I hope this isn't hijacking the thread but MI has a gun registry? You have to register all your guns with the government?

No, just handguns.

 

[Bill of Rights]

So my father in law has changed his residency to the state of Michigan since that is where they are planning on retiring and are spending more and more time there(they still own a house here in Indiana). He still holds a lifetime Indiana LTCH. The question he asked me( and which i could not answer with 100% confidence) is if he is now a Michigan resident and has an Indiana LTCH, any guns he wants to buy here in Indiana must go through an FFL? Right? He seems to be under the impression that since he has a LTCH that he can buy from non FFL sellers even though I implore him that this is not the case.

If your father-in-law meets the standards set forth in the law (below), it would seem that he will meet the Indiana definition of a resident. I don't know how that factors in with the federal definition, or Michigan's.

IC 9-13-2-78
"Indiana resident"
Sec. 78. "Indiana resident" refers to a person who is one (1) of the following:
(1) A person who lives in Indiana for at least one hundred eighty-three (183) days during a calendar year and who has a legal residence in another state. However, the term does not include a person who lives in Indiana for any of the following purposes:

(A) Attending a postsecondary educational institution.
​

(B) Serving on active duty in the armed forces of the United States.
​

(C) Temporary employment.
​

(D) Other purposes, without the intent of making Indiana a permanent home.
​

(2) A person who is living in Indiana if the person has no other legal residence.
(3) A person who is registered to vote in Indiana or who satisfies the standards for determining residency in Indiana under IC 3-5-5.
(4) A person who has a child enrolled in an elementary or a secondary school located in Indiana.
(5) A person who has more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) derived from sources in Indiana using the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who is considered a resident under this subdivision is not a resident if the person proves by a preponderance of the evidence that the person is not a resident under subdivisions (1) through (4).
As added by P.L.2-1991, SEC.1. Amended by P.L.188-2006, SEC.2; P.L.2-2007, SEC.139; P.L.85-2013, SEC.12; P.L.149-2015, SEC.24.

Usual and standard disclaimers apply: IANAL, IDPOOTV, IDSIAHIELN, TINLA
Please have him contact a competent attorney, best if that person is licensed to practice in both states.

Blessings,
Bill

 

[JettaKnight]

This thread buttresses my argument against long gun sellers demands, "Will need to see LTCH" as seen in INGO classifieds.

 

[diver dan]

I grew up and lived in INDIANA my whole life, I moved to northern michigan for 5 years, moved back to Indiana for family medical issues.Went to Kalkaska Mi county prosecuter for info.I have a indiana lifetime carry permit for indiana . He told me I needed to get a ccp from michigan,it is an easy permit test, very basic , just know basic handgun safety and be able to hit side of barn essentially,class instructors are easy going guys , but you do have to have common sense and your target will be smaller than the barn LOL. PS THEY LIKE DONUTS TOO. In GRAND RAPIDS THEY GOT A BIG GUN SHOP, FORGOT NAME THOUGH. THEY ARE BIG INTO MICHIGAN MILITIA,AND SOME OF THOSE GUYS ARE VERY SERIOUS. EXCELLENT PLACE TO LIVE IN NORTHERN MICHIGAN.

 

[Alamo]

.... Even though I have property in Texas, my Texas CHL became invalid when I moved here.

As long as you change your address with the Texas DPS it is still valid (providing it hasn't reached expiration date) -- it will be a non-resident CHL (or in 2016, "LTC"), and you can renew online. If you move back to Texas you just have to change your address with DPS again to make it a resident CHL/LTC.

If you let it go past expiration tho, then I believe you will have to go through the initial class again, and those are taught only in Texas. So if it ain't expired, get thee to the internet and change your address. (A fee, yes, $25 I think).