In Indiana a significant number of the adult population has a License to Carry a Handgun. Because of the ease of concealment, the rules and regulation to obtain a License are in many respects more restrictive than the right to purchase a firearm.
There are four key mistakes that cause an Application for a License to be denied, with some ability for assistance by an attorney to remove the prohibiting factors.
1. The first is an applicant has a history of minor criminal activity which shows a propensity for violent or unstable conduct. Sometimes this may be addressed by various psychological or evaluation methods to demonstrate the applicant is not suffering from such a situation.
2. The second is closely related and may cause the denial of an application if the person is emotionally unstable. This is a very narrow line between approval and disapproval in this situation. Obtaining medical records and similar documents may, like a psychological evaluation, assist with this initial reason an Application was denied.
3. The third is perhaps more common and closely tracks federal law, which is conviction of a felony or misdemeanor crime of domestic violence. As with the other reasons an Application may be initially denied, there may be legal tools to remove this state and federal disqualifier that prohibits any possession of a firearm. For instance, expungement is a potential remedy on some cases.
4. The final and also common is where an Applicant makes a false statement on his or her Application about criminal history, no matter how old it may be. The key to avoid making a false statement is over disclosure. Failing to disclose such is a basis for outright denial of an Application.
Ciyou & Dixon, P.C. attorneys handle appeals of denials of applications for clients with the Indiana State Police, as well as a number of firearm related matters. This blog post is for informational purposes only and is not intended as legal advice or a solicitation for legal services. It was written by attorneys at Ciyou & Dixon, P.C. who handle a wide array of administrative, criminal and civil matters throughout the state, as well as consult on firearms case on a national basis.
