Posted: 5/19/2007 9:10:13 AM EDT
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Greetings, I'm in the process of changing the status of my residency from MI to Indiana. Presently, I have a MI CPL that I want to maintain until I can obtain an Indiana pistol permit. I understand the Lifetime Permits are now only available to IN residents, so this leaves me the option of the 4 year permit while still technically a resident of MI. As I'm understanding the Indiana CPL permit procedure, I go to the local police department, get fingerprinted, pay a small fee, fill out the form and have it notarized, then send the document and another fee to the IN State Police for processing. The local police chief says he wants to do a "personal" background check on me with the Indiana State Police prior to doing the fingerprints and providing the paperwork. This all seems pretty straightforward. Is there anything more involved with the pistol permit procedure? |
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I recently moved to IN from a state who's permit IN recognizes. I was able to apply for my lifetime as soon as I established residency (got my drivers license). I am without a permit now as I wait for IN to issue my new one. IN will not recognize any other state's permit for a resident of IN. That has me ticked off but those are the rules. If I were you I would go ahead and get the 4 year rather than wait to establish residency then be unable to carry in IN while you wait. While I wait I can carry in other states that allow for Non-resident carry permits for those who do not live in their state. In other words I cannot carry in MI because although I have 2 permits from states they recognize I am not a resident of either of those states. Hope that helps. I thought about some legal ninja moves to get my non-resident 4 yr permit but in the end I just went the common (legal) route. |
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Can anyone point out where in the law there are different requirements (other than fees) for obtaining a lifetime versus a 4 year license. I can find none. IC 35-47-2 Chapter 2. Regulation of Handguns IC 35-47-2-1 Carrying a handgun without a license or by person convicted of domestic battery 35-47-2-1 Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possession. (b) Unless the person's right to possess a firearm has been restored under IC 3-7-13-5 or IC 33-28-4-8, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun in any vehicle or on or about the person's body in the person's dwelling or on the person's property or fixed place of business. As added by P.L.311-1983, SEC.32. Amended by P.L.326-1987, SEC.1; P.L.195-2003, SEC.6; P.L.98-2004, SEC.155. IC 35-47-2-2 Excepted persons 35-47-2-2 Sec. 2. Section 1 of this chapter does not apply to: (1) marshals; (2) sheriffs; (3) the commissioner of the department of correction or persons authorized by him in writing to carry firearms; (4) judicial officers; (5) law enforcement officers; (6) members of the armed forces of the United States or of the national guard or organized reserves while they are on duty; (7) regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state who are at or are going to or from their place of assembly or target practice; (8) employees of the United States duly authorized to carry handguns; (9) employees of express companies when engaged in company business; (10) any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his possession, using, or carrying a handgun in the usual or ordinary course of that business; or (11) any person while carrying a handgun unloaded and in a secure wrapper from the place of purchase to his dwelling or fixed place of business, or to a place of repair or back to his dwelling or fixed place of business, or in moving from one dwelling or business to another. As added by P.L.311-1983, SEC.32. IC 35-47-2-3 Application for license to carry handgun; procedure 35-47-2-3 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 federal funds are available to establish and maintain an electronic application system. (b) The law enforcement agency which accepts an application for a handgun license shall collect the following application fees: (1) From a person applying for a four (4) year handgun license, a ten dollar ($10) application fee, five dollars ($5) of which shall be refunded if the license is not issued. (2) From a person applying for a lifetime handgun license who does not currently possess a valid Indiana handgun license, a fifty dollar ($50) application fee, thirty dollars ($30) of which shall be refunded if the license is not issued. (3) From a person applying for a lifetime handgun license who currently possesses a valid Indiana handgun license, a forty dollar ($40) application fee, thirty dollars ($30) of which shall be refunded if the license is not issued. Except as provided in subsection (h), the fee shall be deposited into the law enforcement agency's firearms training fund or other appropriate training activities fund and used by the agency to train law enforcement officers in the proper use of firearms or in other law enforcement duties, or to purchase firearms or firearm related equipment, or both for the law enforcement officers employed by the law enforcement agency. The state board of accounts shall establish rules for the proper accounting and expenditure of funds collected under this subsection. (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. The superintendent may adopt guidelines to establish a records retention policy for a lifetime license. A four (4) year license shall be valid for a period of four (4) years from the date of issue. A lifetime license is valid for the life of the individual receiving the license. The license of police officers, sheriffs or their deputies, and law enforcement officers of the United States government who have been honorably retired by a lawfully created pension board or its equivalent after twenty (20) or more years of service, shall be valid for the life of these individuals. However, a lifetime license is automatically revoked if the license holder does not remain a proper person. (f) At the time a license is issued and delivered to a licensee under subsection (e), the superintendent shall include with the license information concerning handgun safety rules that: (1) neither opposes nor supports an individual's right to bear arms; and (2) is: (A) recommended by a nonprofit educational organization that is dedicated to providing education on safe handling and use of firearms; (B) prepared by the state police department; and (C) approved by the superintendent. The superintendent may not deny a license under this section because the information required under this subsection is unavailable at the time the superintendent would otherwise issue a license. The state police department may accept private donations or grants to defray the cost of printing and mailing the information required under this subsection. (g) A license to carry a handgun shall not be issued to any person who: (1) has been convicted of a felony; (2) has had a license to carry a handgun suspended, unless the person's license has been reinstated; (3) is under eighteen (18) years of age; (4) is under twenty-three (23) years of age if the person has been adjudicated a delinquent child for an act that would be a felony if committed by an adult; or (5) has been arrested for a Class A or Class B felony, or any other felony that was committed while armed with a deadly weapon or that involved the use of violence, if a court has found probable cause to believe that the person committed the offense charged. In the case of an arrest under subdivision (5), a license to carry a handgun may be issued to a person who has been acquitted of the specific offense charged or if the charges for the specific offense are dismissed. The superintendent shall prescribe all forms to be used in connection with the administration of this chapter. (h) If the law enforcement agency that charges a fee under subsection (b) is a city or town law enforcement agency, the fee shall be deposited in the law enforcement continuing education fund established under IC 5-2-8-2. (i) If a person who holds a valid license to carry a handgun issued under this chapter: (1) changes the person's name; (2) changes the person's address; or (3) experiences a change, including an arrest or a conviction, that may affect the person's status as a proper person (as defined in IC 35-47-1-7) or otherwise disqualify the person from holding a license; the person shall, not later than thirty (30) days after the date of a change described under subdivision (3), and not later than sixty (60) days after the date of the change described under subdivision (1) or (2), notify the superintendent, in writing, of the event described under subdivision (3) or, in the case of a change under subdivision (1) or (2), the person's new name or new address. (j) The state police shall indicate on the form for a license to carry a handgun the notification requirements of subsection (i). (k) The state police department shall adopt rules under IC 4-22-2 to implement an electronic application system under subsection (a). Rules adopted under this section must require the superintendent to keep on file one (1) set of classifiable and legible fingerprints from every person who has received a license to carry a handgun so that a person who applies to renew a license will not be required to submit an additional set of fingerprints. As added by P.L.311-1983, SEC.32. Amended by P.L.26-1990, SEC.15; P.L.48-1993, SEC.5; P.L.140-1994, SEC.6; P.L.269-1995, SEC.6; P.L.2-1996, SEC.284; P.L.27-2001, SEC.1; P.L.120-2001, SEC.1; P.L.49-2005, SEC.2; P.L.187-2005, SEC.3; P.L.190-2006, SEC.2. |
The BPD and the MCSD send anyone with an IU connection to the IUPD for printing.
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What department is this? There is nothing in the law that allows this.
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It's my take that IN residency status is dependent upon having an IN drivers license. The issue for me is that the moment I get said DL, I'm no longer a resident of MI, my MI CPL is invalidated, and the wait time for the IN Lifetime Permit will entail a lengthy period of not being able to legally CCW. Thus, today I filed the paperwork for the 4 year permit. My thoughts are that I will have my MI permit to utilize while back in MI this summer, and when I return this fall I'll change my residency status and already have the IN CPL in hand for a seemless CCW transition.
I believe HB1739 signed by the IN governor mandated Lifetime Permits would not be issued to non-residents. Guess I should have acted in a more timely manner and obtained a LP prior to the new legislation.
It's my understanding that the local CLEO is empowered to look into the background of the applicant and ascertain they are of good character. I'm not certain they have the legal right to deny the ISP CPL forms to applicants, but I think they certainly have a ( moral and professional ) right to know who in the community is going to be carrying a concealed pistol - especially in a very small town such as where I'm going to be making my home. |
| I posted the law. There is no difference in requirements between the lifetime and 4 year license except the fee. If you don't qualify for the lifetime, you don't qualify for the 4 year and vice versa. It's up to you if you want to impose restrictions on yourself not required by the law. The police chief in question has a moral and professional duty to follow the laws requirements, and not do that which the law does not allow, period. He doesn't get to make it up as he goes along. |
This may be interpreted as the CLEO having the legal right to ascertain the integrity of the applicant: 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. Also, doesn't the recent signing of HB1739 take precedent, and preempt the statute you posted above? FWIW: the CLEO agreed that I was eligible for the 4 year CPL, but not the LP. |
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No, HB1739 does not take effect until July 1, 2007. Regardless, even if it were in effect, you would have to have a regular place of business or employment (which you haven't mentioned) in Indiana to qualify for a non-resident license. As far as the police chief goes: 1. He has to accept the application before he does anything; 2. He is empowered only to look into official records, to verify thereby, your character and reputation; and 3. Verify the information provided on the application. If he will not even give you the application then he can't do any of those things. The chief does not determine who if eligible. Even if he disapproves, the license will be granted unless there is a statutory disability. BTW, by an Indiana Supreme Court case, sufficient reason for desiring a license is "for defense of myself, and the state." |
Thanks for the clarifications. Well nuts, it would appear that since HB1739 doesn't immediately take effect I could have applied for the LP. Regarding the CLEO and CPL permit: when I first contacted the fellow he provided me a form with pretty much the same line of questions as a 4473; this document was the source of reference for determining my "character and reputation" prior to his issuing me the ISP CPL permit documentation - and I'm positive he indeed did make inquiries. |