Question about carrying on out of state license

vermonter · Jun 9, 2009

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My friend is moving to IN from Vermont and has a non-res FL CCW. He is going to get his IN drivers license immediately and notify FL of his change of address to IN as required by law. He has 2 questions.....

1) Does he have to be a resident in IN for so many months before he can apply for his IN lifetime permit.

2) During the waiting period (if there is one) before applying, and during the processing time for the IN permit he will hold an IN drivers license and be an official resident. Having notified FL of the address change, can he carry in Indiana on his valid non-resident FL until his IN permit comes in?

He is not trying to circumvent the IN permit process, but just want to be able to defend himself until the permit arrives.

squisher · Jun 10, 2009

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I can't find anywhere in the code that says you have to have been a resident for x days before you can apply for a permit, so he can apply as soon as he has an address really.

Also, IN honors any other states permit, so he's good on the FL permit until his IN one comes in.

(there is some contention on if the FL which is for CC would allow OC in IN, but the verbiage in code refers to "subject to restrictions on the license" so if the FL is CC only, then I would stick to CC just to be on the safe side until he gets his IN "License to Carry Handgun" -- at which point he is legal to CC or OC as he desires).

Timjoebillybob · Jun 10, 2009

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squisher wrote:

I can't find anywhere in the code that says you have to have been a resident for x days before you can apply for a permit, so he can apply as soon as he has an address really.

Also, IN honors any other states permit, so he's good on the FL permit until his IN one comes in.

(there is some contention on if the FL which is for CC would allow OC in IN, but the verbiage in code refers to "subject to restrictions on the license" so if the FL is CC only, then I would stick to CC just to be on the safe side until he gets his IN "License to Carry Handgun" -- at which point he is legal to CC or OC as he desires).

Correct on how soon he can apply, wrong on the he's good part. IN honors any other states permits if your not a resident, if your a resident you must have a IN LTCH to carry.

IC 35-47-2-21
Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
Sec. 21. (a) Retail dealers' licenses issued by other states or foreign countries will not be recognized in Indiana except for sales at wholesale.
(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.

squisher · Jun 10, 2009

imported post

Timjoebillybob wrote:

squisher wrote:

I can't find anywhere in the code that says you have to have been a resident for x days before you can apply for a permit, so he can apply as soon as he has an address really.

Also, IN honors any other states permit, so he's good on the FL permit until his IN one comes in.

(there is some contention on if the FL which is for CC would allow OC in IN, but the verbiage in code refers to "subject to restrictions on the license" so if the FL is CC only, then I would stick to CC just to be on the safe side until he gets his IN "License to Carry Handgun" -- at which point he is legal to CC or OC as he desires).

Click to expand...

Correct on how soon he can apply, wrong on the he's good part. IN honors any other states permits if your not a resident, if your a resident you must have a IN LTCH to carry.

IC 35-47-2-21
Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
Sec. 21. (a) Retail dealers' licenses issued by other states or foreign countries will not be recognized in Indiana except for sales at wholesale.
(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.

I stand corrected, and rightfully so for answering off the cuff whilst at work:celebrate

vermonter · Jun 10, 2009

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So if he establishes residency by getting a drivers license he can then walk into the local police, fill out the form and fingerprints, show them his non-resident so they can photo copy it, verify it or whatever and walk out with an Indiana permit? Or all of a sudden he is no longer qualified to carry until Indiana goes through the motions for the 60 days to "check him out". Meanwhile he cannot CCW, OC or even car carry until his paperwork and prints come back, even though before he got his Indiana Drivers License he was "qualified" and "cleared" by way of Florida?

Sounds like a no-win situation for the 60 days!

Can anyone clarify if this is the case?

Phoenixphire · Jun 25, 2009

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If he still has a home there, or other proof that he has ties there, he may be able to claim dual-residency.

Not sure the legality of that idea, just a thought.

hopnpop · Jul 14, 2009

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Phoenixphire wrote:

If he still has a home there, or other proof that he has ties there, he may be able to claim dual-residency.

Not sure the legality of that idea, just a thought.

Sounds awfully dicey. I had similar question in regards to OC-ing in IN with a Michigan CPL. Recently has business in Indianapolis and was warned not to OC, as Indiana's CPL reciprocity only refers to CC. In Michigan, one can OC with or without a CPL. But having a CPL, of course, gives you much more freedom as to where you can carry - in fact, with CPL, one can OC in gun-free zones. But I was interested in finding out the bottom-line on this. WITH MI CPL, does IN allow to OC since I can OC virtually anywhere in Michigan - or does it ONLY allow for CC?

bobn911 · Jul 20, 2009

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Good question hopnpop. I also would like to know what the law isas I live a lot closer and work in Elkhart. Later, Bob

hopnpop · Jul 21, 2009

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bobn911 wrote:

Good question hopnpop. I also would like to know what the law isas I live a lot closer and work in Elkhart. Later, Bob

Well no kidding, you're what - 3 miles from the state line? I used to live in Dowagiac and worked in Granger. That was before I started carrying tho, so wasn't even a consideration then. Living in Edwardsburg, tho, and especially working in IN, I'd be asking the same questions. I'll rummage around the Indiana state police website and see if I can get any solid answers.

hopnpop · Jul 21, 2009

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Well, I just emailed this to the Indiana state information board. We'll see what turns up when I get the response.

Your question has been received. You should expect a response from us within 24 hours.

Discussion Thread

Customer
07/21/2009 08:03 AM

I realize that Indiana reciprocates the Michigan CPL (concealed pistol license)regarding concealed carry. However, in Michigan, it's legal to openly carry with or without a CPL. WITH a CPL, one can OPEN carry virtually anywhere in the state, technically including most "gun-free" zones. My question is this: can a Michigan resident with a CPL legally carry OPENLY in Indiana, since (he) can anywhere in Michigan? ...Or does the CPL reciprocity strictly mean concealed ONLY? I am asking for myself and other MI residents who I've been in contact with. Thank you in advance for your reply.

hopnpop · Jul 21, 2009

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Here's the reply I got. It me, it indicates that WITH a MI CPL, one may carry openly in Indiana, less private property restrictions, etc.

-----------------------------------------------------------------------------------------------------------

I took this from our FAQ page. There are actually two things you need to understand. Indiana law is silent on the issue of open carry, but as a license holder from another state, we honor your permit according to the terms under which it was issued, i.e. if your terms of carry permit are restricted in your home state, those restrictions follow you to Indiana.

Does Indiana statute require me to carry the handgun on my person concealed or

exposed?

Indiana law is silent on this issue; however, carrying an exposed weapon in public may

alarm some people. Also, the right to carry a firearm may be restricted on private

property and businesses by the owners. Be attentive for signs warning of restricted

areas when carrying firearms into public places. If approached by law enforcement for

official business such as traffic stops or complaint related inquiries, it is recommended

that you tell the officer in a non-threatening manner that you are carrying a weapon or

have a weapon in the vehicle and that you have a valid permit. A law enforcement

officer does have the right to inspect the permit.

I am a resident of another state and I have a valid handgun license issued by my

home state. Does Indiana honor my states license?

Yes. Indiana honors valid handgun licenses issued by another state.

IC 35-47-2-21

Recognition of retail dealers' licenses and licenses to carry handguns issued by other states

35-47-2-21 Sec. 21. (a) Retail dealers' licenses issued by other states or foreign countries will

not be recognized in Indiana except for sales at wholesale.

(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.

Lt. Jerry A. Berkey

Indiana State Police

Records Division, Rm 302

100 N. Senate Avenue--IGCN

Indianapolis, IN 46204

317-232-8263

MW2498

joeamt · Jul 21, 2009

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hopnpop wrote:

**SNIP**

Does Indiana statute require me to carry the handgun on my person concealed or

exposed?

Indiana law is silent on this issue; however, carrying an exposed weapon in public may

alarm some people. Also, the right to carry a firearm may be restricted on private

property and businesses by the owners. Be attentive for signs warning of restricted

areas when carrying firearms into public places. If approached by law enforcement for

official business such as traffic stops or complaint related inquiries, it is recommended

that you tell the officer in a non-threatening manner that you are carrying a weapon or

have a weapon in the vehicle and that you have a valid permit. A law enforcement

officer does have the right to inspect the permit.

I am a resident of another state and I have a valid handgun license issued by my

home state. Does Indiana honor my states license?

Yes. Indiana honors valid handgun licenses issued by another state.

*SNIP*

This is GREAT information! I have a VA CHP and will be soon traveling to Ft. Wayne... I am going to open carry while there!

Joe

hopnpop · Jul 22, 2009

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joeamt wrote:

This is GREAT information! I have a VA CHP and will be soon traveling to Ft. Wayne... I am going to open carry while there!

Joe

Sounds like you'll be good-to-go. I'd take a little literature with you if I were you, just to assist in covering you rear in the event of a police confrontation. I don't KNOW but have a feeling that the police in IN may be less informed on OC-ing. Just a heads-up. Wish I would have known this BEFORE spending a week in Indianapolis!! I was warned not to OC in Indiana, and without having been properly informed, I heeded that warning. Now it seems that OC is legit there, so long as the person is a CPL/CHP/LTCH, etc. holder.

bobn911 · Jul 22, 2009

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Thanks for diggin' up the info hopnpop. I'll do the OC thing kind slowly just to see how it goes. Maybe I'll see you at a picnik before long. I was at the last one in Kazoo although that is a ways to drive. Later, Bob

hopnpop · Jul 23, 2009

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bobn911 wrote:

Thanks for diggin' up the info hopnpop. I'll do the OC thing kind slowly just to see how it goes. Maybe I'll see you at a picnik before long. I was at the last one in Kazoo although that is a ways to drive. Later, Bob

My pleasure. You made it to the Bronson Park picnic? I am sure I at least saw you if not chatted a little. I'm looking to the next Portage picnic. Hope you can make it.

tcmech · Oct 20, 2009

imported post

hopnpop wrote:

Here's the reply I got. It me, it indicates that WITH a MI CPL, one may carry openly in Indiana, less private property restrictions, etc.

-----------------------------------------------------------------------------------------------------------

I took this from our FAQ page. There are actually two things you need to understand. Indiana law is silent on the issue of open carry, but as a license holder from another state, we honor your permit according to the terms under which it was issued, i.e. if your terms of carry permit are restricted in your home state, those restrictions follow you to Indiana.

Does Indiana statute require me to carry the handgun on my person concealed or

exposed?

Indiana law is silent on this issue; however, carrying an exposed weapon in public may

alarm some people. Also, the right to carry a firearm may be restricted on private

property and businesses by the owners. Be attentive for signs warning of restricted

areas when carrying firearms into public places. If approached by law enforcement for

official business such as traffic stops or complaint related inquiries, it is recommended

that you tell the officer in a non-threatening manner that you are carrying a weapon or

have a weapon in the vehicle and that you have a valid permit. A law enforcement

officer does have the right to inspect the permit.

I am a resident of another state and I have a valid handgun license issued by my

home state. Does Indiana honor my states license?

Yes. Indiana honors valid handgun licenses issued by another state.

IC 35-47-2-21

Recognition of retail dealers' licenses and licenses to carry handguns issued by other states

35-47-2-21 Sec. 21. (a) Retail dealers' licenses issued by other states or foreign countries will

not be recognized in Indiana except for sales at wholesale.

(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.

Lt. Jerry A. Berkey

Indiana State Police

Records Division, Rm 302

100 N. Senate Avenue--IGCN

Indianapolis, IN 46204

317-232-8263

MW2498

I also live in Virginia and intend to come home to visit soon. Some of my relatives are not doing so well and I want to see them while I can.

My question about carrying a handgun is since here in Virginia my permit is for concealed carry only due to the fact that anyone over the age of 18 who can legally possess a handgun can openly carry a handgun, am I limited to conealed carry?

I realize this is kind of a nitpicking question but I want to spend my time with family while I am home, not with the local pd.

Thanks

hopnpop · Oct 21, 2009

imported post

I'm assuming "home" is Indiana, not Michigan, right? Well, I suppose it doesn't matter. Your license to carry concealed DOES NOT limit you to carrying concealed ONLY. Both MI and IN are open-carry friendly states, in which a person with an out-of-state concealed license may openly carry. If you're not comfortable or familiar with openly carrying, I'd keep it concealed until you know what you need to know about openly carrying...for example,

http://opencarry.mywowbb.com/forum30/17262.html

http://opencarry.mywowbb.com/forum30/13328.html

If you're not new to openly carrying, enjoy carrying in reciprocating states. It's refreshing being able to carry across state lines!

Question about carrying on out of state license

vermonter

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squisher

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Timjoebillybob

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squisher

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vermonter

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Phoenixphire

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hopnpop

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bobn911

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hopnpop

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hopnpop

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hopnpop

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joeamt

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hopnpop

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bobn911

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hopnpop

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tcmech

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hopnpop

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