What should be the next step?

[spirit390]

What should be the next step? And here is the rest of the story. Well I stop by the **** county Sheriffs office and tried to do the paperwork for a LTCH. Since I am from Illinois, my local union covers 33 Indiana counties and I am currently working in said county I thought I would qualify for IC:35-47-2-3 Line 3. But the Sheriff's emissary told me that the Sheriff will not accept or forward any LTCH from Illinois residents. Period end of story does not care about the Indiana code. So what should I do? #1 I thought about writing him a certified return/receipt letter pointing out the code as I know he has a hard job just keeping up with the codes for the bad guys and he may have over looked the changes in the codes for the good guys. #2 Call the State Police LTCH division and let them inform him of the code. #3 Just apply at any of the other 33 counties that my local union covers. #3 is really not an option as my wife works in this county and as the law states she must file it there. Oh yeah I have already thought of moving to Indiana to get the chance to own an AR70 so after my son gets done with college I most likely will move. Thanks in advance for any insight or opinions

 

[USMC_0311]

What about a Utah non-resident license?

 

[Dogman]

The Sheriff is right, to get an Indiana LTCH you have to live in Indiana.
Indiana doesn't issue non resident LTCH.

 

[Indy_Guy_77]

The Sheriff is right, to get an Indiana LTCH you have to live in Indiana.
Indiana doesn't issue non resident LTCH.

Not entirely true.

There ARE exceptions, like if you work in IN...

OP, I'd contact the Indiana State Police and see what they say.

 

[Dogman]

Not entirely true.

There ARE exceptions, like if you work in IN...

OP, I'd contact the Indiana State Police and see what they say.

I bet they say it has to be a fixed place of business or that you have to own the business. I can see how it could be read as the OP did.

 

[CountryBoy19]

I bet they say it has to be a fixed place of business or that you have to own the business. I can see how it could be read as the OP did.

Actually IIRC, it just has to be full-time employment (with a couple other stipulations). Meaning, it can't be a 5 hour a week part-time job that you work on the weekends.

 

[Kirk Freeman]

IC 35-47-2-3
Application for license to carry handgun; procedure
Sec. 3. (a) A person desiring a license to carry a handgun shall apply:
(1) to the chief of police or corresponding law enforcement officer of the municipality in which the applicant resides;
(2) if that municipality has no such officer, or if the applicant does not reside in a municipality, to the sheriff of the county in which the applicant resides after the applicant has obtained an application form prescribed by the superintendent; or
(3) if the applicant is a resident of another state and has a regular place of business or employment in Indiana, to the sheriff of the county in which the applicant has a regular place of business or employment. The superintendent and local law enforcement agencies shall allow an applicant desiring to obtain or renew a license to carry a handgun to submit an application electronically under this chapter if funds are available to establish and maintain an electronic application system.

Indiana Code 35-47-2-3 (emphasis added).

 

[kludge]

Actually IIRC, it just has to be full-time employment (with a couple other stipulations). Meaning, it can't be a 5 hour a week part-time job that you work on the weekends.

No where in the code does it say "full time" job. If I'm here working four hours a month, every month that's "regular" to me, and the Indiana constitution protects the right to keep and bear arms for self defense. Indiana is also "shall issue" and dictactes to the LEOs what they "shall" do.

the Sheriff will not accept or forward any LTCH from Illinois residents. Period end of story does not care about the Indiana code. So what should I do?

File a suit.

#1 I thought about writing him a certified return/receipt letter pointing out the code as I know he has a hard job just keeping up with the codes for the bad guys and he may have over looked the changes in the codes for the good guys.

You already know what will happen. He will round file your letter. The sheriff's representative already told you he doesn't care about the law. I suggest going again, and taking a witness (like your lawyer) with you so (s)he can enter a sworn affidavit. Your lawyer might explain it differently to them. But if your wife was with you, you already have your witness.

#2 Call the State Police LTCH division and let them inform him of the code.

It's worth the time to call just to see what they tell you.

#3 Just apply at any of the other 33 counties that my local union covers. #3 is really not an option as my wife works in this county and as the law states she must file it there.

Your wife should also be listed as a plaintiff.

 

[Timjoebillybob]

What about a Utah non-resident license?

Or if he's just concerned about carry in Indiana a Pennsylvania non-res. Cheaper than Utah or IN. $26 for 5 years.
Centre County Government: Sheriff: License to Carry Firearm Application

But to address the question, I'd say call the state police first and see what they say. Then go from there.

 

[kludge]

The code:

Indiana Code 35-47-2

(b) The law enforcement agency which accepts an application for a handgun license shall collect the following application fees:

(c) The officer to whom the application is made shall ascertain the applicant's name, full address, length of residence in the community, whether the applicant's residence is located within the limits of any city or town, the applicant's occupation, place of business or employment, criminal record, if any, and convictions (minor traffic offenses excepted), age, race, sex, nationality, date of birth, citizenship, height, weight, build, color of hair, color of eyes, scars and marks, whether the applicant has previously held an Indiana license to carry a handgun and, if so, the serial number of the license and year issued, whether the applicant's license has ever been suspended or revoked, and if so, the year and reason for the suspension or revocation, and the applicant's reason for desiring a license. The officer to whom the application is made shall conduct an investigation into the applicant's official records and verify thereby the applicant's character and reputation, and shall in addition verify for accuracy the information contained in the application, and shall forward this information together with the officer's recommendation for approval or disapproval and one (1) set of legible and classifiable fingerprints of the applicant to the superintendent.

(d) The superintendent may make whatever further investigation the superintendent deems necessary. Whenever disapproval is recommended, the officer to whom the application is made shall provide the superintendent and the applicant with the officer's complete and specific reasons, in writing, for the recommendation of disapproval.
(e) If it appears to the superintendent that the applicant:
(1) has a proper reason for carrying a handgun;
(2) is of good character and reputation;
(3) is a proper person to be licensed; and
(4) is:
(A) a citizen of the United States; or
(B) not a citizen of the United States but is allowed to carry a firearm in the United States under federal law;
the superintendent shall issue to the applicant a qualified or an unlimited license to carry any handgun lawfully possessed by the applicant. The original license shall be delivered to the licensee. A copy shall be delivered to the officer to whom the application for license was made. A copy shall be retained by the superintendent for at least four (4) years in the case of a four (4) year license.

 

[spirit390]

Thanks for eveyones input. I called the State Police LTCH division and talked with a very nice and concerned Lieutenant. He informed me that he will call **** county and tell them about the changes in the law. " But the State Police can not force another department to follow the law". Very interesting I guess we will just have to see what the next move will be. Thanks

 

[kludge]

I'm not aware of any "changes" regarding out of state licensing. Nice of him to call though. Let us know what happens.

 

[Dogman]

Good luck and let us know what ends up happening.