Over the last several years, applications to obtain and carry a handgun have soared in Indiana. Because handguns are a class of firearms more readily concealable, the requirements to obtain a License are stricter than the right to purchase. This blog addresses five key points to address denial of a license to carry handgun in Indiana.
The first is to over-disclose on the application and obtain any information about an old criminal act to properly disclose, as required, to avoid denial for making a false statement. Obtaining such documents in certified format may allow them to be provided with the application to avoid denial or be better prepared to appeal. The Indiana State Police have a very comprehensive Firearms Division that is cognizant and dutiful in their task to issue licenses to proper persons.
Secondly, if you are denied, timely file an appeal. The technical reasons for denial are varied because there are so many gun laws and laws have changed over time. The time for appeal is sixty (60) days. Also, at this time, depending on the basis for denial, such as an error in an old criminal history may be well aided by assistance of an attorney familiar with this process.
Third, Indiana has certain expungement statutes that may used in conjunction with the appeal to aid in the Application being approved for being a proper person. Indiana has had three versions of these statutes and they are difficult to navigate for expungement. Successful expungement will most times wipe out a disqualifying term so a license can be issued.
Fourth, even if a felony or disqualifier may exist in another state, an Indiana attorney may be able to work with you to obtain skilled counsel in that state to address a disqualifying criminal matter. Many states have a policy that after so long, a law exists to expunge or otherwise remove a disqualifying act, such as a felony conviction.
Fifth, remember if you are denied a License it may mean you are a disqualified person to possess firearms and ammunition under federal law and should not have actual or constructive possession of such until the matter is remedied. This is a state and federal felony with severe fines and terms of incarceration.
This blog post was written by attorneys at Ciyou & Dixon, P.C. who handle denial of Applications for an Indiana License to Carry Handgun and firearms matters through the State. This blog is for general education purposes only as is not intended as a solicitation for legal services or legal advice. It is help make you a more educate legal consumer. This is an advertisement.