Concealed carry from out of State.

[swampstomper]

For LEO,
I've searched and haven't found an answear. I have a CCP from the state of
Georgia. I was Active Duty Military at the time in Georgia. I am now Retired from the Military and now live in Louisiana of course. I understand that I have to be a LA. resident for six months before I can apply for a CCP. Would I be breaking the law now that I have a LA. drivers license and a GA. CCP?
Is there any gray area when it comes to military moveing/relocating etc.
Laws are not very clear as always. If anyone has an idea of where to look
or even the personal point of view from LEO.
SS

 

[deafdave3]

Contact Nolacopusmc. He can answer your questions.

 

[themcfarland]

Contact Nolacopusmc. He can answer your questions.

this

 

[Nolacopusmc]

First thing you need to find out is if your GA permit is still valid according to GA due to the fact that you are no longer a resident of GA. If it is, you may be able to ride on that until you reach your 6 month mark in order to apply for LA, and then, technically, you would only be wothout a CHP for the perios that your LA is being processed. It is a gray area and kind tricky in that the way it is written, at least by my interpretation, you have to be a resident of LA to get a LA permit, but by most states stnadards, the day you tchnically become a resident in LA, you lose your residency status in your home state. SO, turning on your ability to apply for LA CHP, closes your home state CHP.....again, depends on how GA does theirs, and I am not wholly familiar with GA.

If it is not, then you in effect do not have a permit and cannot CCH in LA. You would want to then get a LA CHP once you have already met the residency requirement. Keep in mind, you would want to take your CHP class immediately so that it is done and ready to go, and you can submit it literally the day you meet your six month mark.

Pretty much regardless, you will need a LA CHP since LA intends to not honor any non-resident permit (namely OH and FL) held by people who are LA resident. This is technically not law yet, but is enevitable and expected to be enacted next legislative session.

That practically translates to if you are a LA resident, you need a LA CHP to carry in LA. You can still get a FL non-resident, or maintain your GA if GA allows that, but since you are now a LA resident, LA will not honor those for carry in LA since you are now a resident.

FYI, active duty military has nothing to do with it. It is not like your DL where you have some leeway in renewal and home state and all of that. SOme states allow for military to get non-resident or essentially transient CHP, but LA is not one of them. The only thing for active duty would be if you were actually still on active duty, technically, you would still be a resident of your home state and LA would honor that permit if reciprocity existed based on the fact that you are still a resident of your home of record state, even though TAD or AD in LA. However, in your case, the fact that you are not active duty and are now infact a permenant LA resident (loosely defined as spending more than 50% of your time here) would require you to be treated as a LA resident and would require a LA CHP.

LA only has one permit. You must be a resident to get it, and residents must have it.


SImple answer....you need a LA permit.


Hope this helps.

 

[herohog]

I had the same issue moving here from VA as my VA permit was invalid as soon as I was no longer a VA resident. The good news was that my New Hampshire out of state permit IS valid in Louisiana (until next year when the new law goes into effect) which gave me plenty of time to wait out the 6 months and still legally carry in LA.

You can still get a FL non-resident, or maintain your GA if GA allows that, but since you are now a LA resident, LA will not honor those for carry in LA since you are now a resident.

I specifically asked the CHP point of contact with the LA State Police, Sgt. Reavis of the LSP CCP Unit, and was told in MY case, moving from another state and possessing a valid out of state license, that I WOULD be covered under using that permit in LA until I could get my LA permit or the new law took effect. Because of the difference in what NOLACOP told you and what I was told by Sgt. Reavis, I would call Sgt. Reavis and ask his opinion. Either way, even if Sgt, Reavis says it would be legal, that DOESN'T mean you won't "have an issue" with an officer should you be stopped/involved with the police while carrying concealed using that permit. You may have to fight it in court but having talked to Sgt. Reavis prior to it and with him saying it was OK will at least give you something on your side in your defense. As always, when Courts, Judges and Lawyers are involved, NOTHING is a sure thing!

 

[Nolacopusmc]

I had the same issue moving here from VA as my VA permit was invalid as soon as I was no longer a VA resident. The good news was that my New Hampshire out of state permit IS valid in Louisiana (until next year when the new law goes into effect) which gave me plenty of time to wait out the 6 months and still legally carry in LA.



I specifically asked the CHP point of contact with the LA State Police, Sgt. Reavis of the LSP CCP CHP Unit, and was told in MY case, moving from another state and possessing a valid out of state license, that I WOULD be covered under using that permit in LA until I could get my LA permit or the new law took effect. (Exactly what I said) Because of the difference in what NOLACOP told you and what I was told by Sgt. Reavis, I would call Sgt. Reavis and ask his opinion. Either way, even if Sgt, Reavis says it would be legal, that DOESN'T mean you won't "have an issue" with an officer should you be stopped/involved with the police while carrying concealed using that permit. You may have to fight it in court but having talked to Sgt. Reavis prior to it and with him saying it was OK will at least give you something on your side in your defense. As always, when Courts, Judges and Lawyers are involved, NOTHING is a sure thing!

There is no difference in what I said and what Sgt Reavis told you.

Please read what I wrote a little better. He would only not be covered by his state permit IF his state has a clause where your permit becomes void if you are no longer considered a resident of that state (because then he would have NO permit for LA to recognize), or if he does not have his LA CHP by the time the new law goes into effect (because by then he will be a LA resident), unless GA does not recend his upon estabvlishing residency in LA.

But feel free to call Sgt Reavis and ask him. I am sure he has nothing better to do than to answer the phone and answer questions that are pretty much answered on the website. I am sure all the people who are waiting on their permit appreciate HeroHog's advice.

http://www.lsp.org/handguns.html#recip

Seriously, if you are not comfortable with my response, call SGt Reavis. He will most definitely help you and he is extremely knowledgeable and a strong 2A supporter, but his time could be better spent developing reciprocity agreements, ammending laws in our favor, and working through people's packets. Make sure you talk specifically to him though. However, despite what HH said, a letter from your mother or "Sgt Reavis or NOLACOP said it was OK" is not a defense in court. You are always responsible for knowing CHP law, so read up!

However, HeroHog is correct in that nothing is definite and even if baby Jesus tells you while on a pogo stick, a judge can still make a ruling or a jury can come to a different conclusion. Always error on the side of caution.

If you want to be ahead of the power curve when you take your class, read the below laws and rules guide. This is "the law" for most CHP issues. It will also give you a good guage to judge what quality of CHP class you are taking.

http://www.lsp.org/pdf/chRuleBook08.pdf

If I can be of assistance, let me know.

 

[herohog]

I only posted what I did because what you read as if even before he had lived here the required 6 months his out of state license, like a Florida CHP, wouldn't be valid. I was just attempting to clear up that until the new law goes into effect and as long as he hasn't been here the required 6 months, his Florida CHP, if he had one, would be honored here until that time. After the 6 months and/or after the new law goes into effect, ONLY a Louisiana permit will do.

Not going against ya big guy, trying to clear up the muddy part of the mess he and I are in.

 

[herohog]

despite what HH said, a letter from your mother or "Sgt Reavis or NOLACOP said it was OK" is not a defense in court.

I never said that. I pointed out that he was THE final source we have short of going to court and you can pretty much take what the man says to the bank. If you follow the law and what he says, you SHOULD be OK. If not, it could be useful in your defense if you pointed out that the States best source on CHP information advised you to do something. Weather that helps much or at all is up to the court and God.

 

[Nolacopusmc]

I only posted what I did because what you read as if even before he had lived here the required 6 months his out of state license, like a Florida CHP, wouldn't be valid. I was just attempting to clear up that until the new law goes into effect and as long as he hasn't been here the required 6 months, his Florida CHP, if he had one, would be honored here until that time. After the 6 months and/or after the new law goes into effect, ONLY a Louisiana permit will do.

Not going against ya big guy, trying to clear up the muddy part of the mess he and I are in.

All you did was make it muddier. He has GA resident, you are talking a a FL non-resident which he doesn't have and it makes no since for him to get since they will not be honored and they are backlogged beyond the time it would take him to get a LA permit. SO bringing it up as a "if he did" does nothing productive.

Besides, you are still spreading misinformation, because if the law passes as intended and written, only NON-RESIDENT permits held by LA residents would not be honored. If the law passed and he was in the same boat he is now, his GA RESIDENT permit would till be honored unless GA has a clause that voids their resident permits upon leaving the state and esptablishing residency elsewhere.

I answered the question adequately and clarified all the extra non-essential stuff you added. If he does not understand or agree with me, I am sure he is capable of calling Sgt Reavis.

Please let it be before you confuse others who may come to this thread for clarification. I am pretty sure between the instructors on this board who deal with this often, we can handle it. But sincerely thanks for your effort.

 

[Tim67]

... You would want to then get a LA CHP once you have already met the residency requirement. Keep in mind, you would want to take your CHP class immediately so that it is done and ready to go, and you can submit it literally the day you meet your six month mark...

I wonder if a person wanting to avoid a gap in permits caused by the state's processing time turned his application in 30-45 days early (the estimated time required for processing) would someone working on the application have the foresight and initiative to do the checks and simply hold the permit for delivery on the day it would become valid or would they simply reject the application?

 

[Nolacopusmc]

I wonder if a person wanting to avoid a gap in permits caused by the state's processing time turned his application in 30-45 days early (the estimated time required for processing) would someone working on the application have the foresight and initiative to do the checks and simply hold the permit for delivery on the day it would become valid or would they simply reject the application?

I will say if they catch it, I thik they would do the right thing, but to expect them to catch it is reaching for the stars.I would submit it maybe two weeks prior to reaching that 6 month mark and maybe call them, worst casem they send it back to you, but they really do try and do the "right" thing.


I say that because after talking with SGt REavis about how they were going to handle the 2/4 year to 5 year permit change on the cut-off date, he said he would make every effort to clear them unless they were post marked past mudnight. Then he would have to send them back so the people could send more money for the 5 year.

Remember, establishing residency is kinda a grey area thing. In most legal situations, it is defined as where you spend +50% of your time. However for the purposes of CHP, LSO defines residency to meet requirements as 6 months, as proven by date on DL, utility receipts, etc. I know they are pretty accomoidating to people for establishing that.

 

[swampstomper]

Thanks for the info. I'll dig into the Ga. rules more but I'm sure I'll need a La.
Permit now.
SS