Not sure about what Sherriff's dept said

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  • patton487

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    I went to renew my wife's carry permit. The woman that ran the paperwork told us that my wife could continue to carry with a copy of the paperwork for her new permit until the real one came in the mail. Anyone know for sure? Would a cop on the street accept this, I have my doubts.
     

    Scutter01

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    She's good to go as long as she applied within 30 days of its expiration.

    If the application for renewal of an existing license is filed within thirty (30) days of its expiration, the existing license is automatically extended until the application for renewal is passed upon. You'll need to carry your application receipt along with your license until the renewal arrives.

    IC 35-47-2-6
    Granting or rejecting initial application; renewals
    Sec. 6. (a) Every initial application for any license under this chapter shall be granted or rejected within sixty (60) days after the application is filed.
    (b) The period during which an application for the renewal of an existing license may be filed begins one hundred eighty (180) days before the expiration of the existing license. If the application for renewal of an existing license is filed within thirty (30) days of its expiration, the existing license is automatically extended until the application for renewal is passed upon.
    As added by P.L.311-1983, SEC.32. Amended by P.L.190-2006, SEC.4.
     

    SSGSAD

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    I went to renew my wife's carry permit. The woman that ran the paperwork told us that my wife could continue to carry with a copy of the paperwork for her new permit until the real one came in the mail. Anyone know for sure? Would a cop on the street accept this, I have my doubts.
    Call the In. State Police, at 317-232-8264, this is firearms licensing, they can tell you... The last I heard, if you applied before your current permit expired, then you were good to carry, with the old permit, and the new app., in your possession... til your new permit came in the mail..... but please check ...
     

    WabashMX5

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    Scutter beat me to it, but Indiana law says yes, if she's applying 30 days or less before her current permit expires:
    IC 35-47-2-6
    Granting or rejecting initial application; renewals
    Sec. 6. (a) Every initial application for any license under this chapter shall be granted or rejected within sixty (60) days after the application is filed.
    (b) The period during which an application for the renewal of an existing license may be filed begins one hundred eighty (180) days before the expiration of the existing license. If the application for renewal of an existing license is filed within thirty (30) days of its expiration, the existing license is automatically extended until the application for renewal is passed upon.
    No idea whether any particular LEO might know about that statute, but it is what it is and says what it says.
     
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    Mr. Habib

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    IC 35-47-2-6
    Granting or rejecting initial application; renewals

    Sec. 6. (a) Every initial application for any license under this chapter shall be granted or rejected within sixty (60) days after the application is filed.
    (b) The period during which an application for the renewal of an existing license may be filed begins one hundred eighty (180) days before the expiration of the existing license. If the application for renewal of an existing license is filed within thirty (30) days of its expiration, the existing license is automatically extended until the application for renewal is passed upon.​

    So, if you apply for renewal more then 30 days before the old license expires, and it isn't renewed prior to expiration then you're screwed? That's just nuts. The code states that every application shall be granted or rejected within 60 days. What happens on day 61 when it not yet been processed? When I renewed mine this last time I was told by ISP that it would be 9 weeks after they cashed the money order, and it was at least 2 weeks before that happened. Prior to getting my lifetime LTCH it routinely took as long as 12 weeks to get mine back.
     

    Scutter01

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    [/indent]So, if you apply for renewal more then 30 days before the old license expires, and it isn't renewed prior to expiration then you're screwed? That's just nuts. The code states that every application shall be granted or rejected within 60 days. What happens on day 61 when it not yet been processed? When I renewed mine this last time I was told by ISP that it would be 9 weeks after they cashed the money order, and it was at least 2 weeks before that happened. Prior to getting my lifetime LTCH it routinely took as long as 12 weeks to get mine back.

    The moral of the story: You can renew at 180 days (til expiration) but you're better off waiting until 30 days.
     

    Mr. Habib

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    The moral of the story: You can renew at 180 days (til expiration) but you're better off waiting until 30 days.
    Good to know, but I would still like to know what recourse someone would have if the process takes longer then sixty days. The law says that it shall be approved or denied within sixty days, but make no mention of what what happens after that. It seems that the ISP could take as long as they like with no penalty and leave someone in limbo with no recourse. I just love the ambiguity of Indiana gun law.
     

    Scutter01

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    Good to know, but I would still like to know what recourse someone would have if the process takes longer then sixty days. The law says that it shall be approved or denied within sixty days, but make no mention of what what happens after that. It seems that the ISP could take as long as they like with no penalty and leave someone in limbo with no recourse. I just love the ambiguity of Indiana gun law.

    There's no ambiguity. They law saws they have 60 days. If it takes 61, then your recourse is to sue them.

    The caveat is that it takes longer than 60 days because they don't have the money or manpower to go faster and suing will only make it worse. The alternative is to increase the price or raise taxes.
     

    Mr. Habib

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    True, however suing them could take time and money that most of us don't have. While I agree with you in principle, that doesn't seem to be a practical option in many cases. I understand the budget issues, and can accept that as an excuse, however I can see the opportunity for abuse. It would be nice to see the law say something to the effect that if it is not denied within sixty days, then it must be automatically approved.:twocents:
     
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    because you permit would be expired,
    Indiana copsmight know Indiana law, but other states cops miight not..

    You might be able to prove in court your permit was valid.. but not at the side of the road..
    some states have wording like ours tha requre the permit to be valid on it's face.
     
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