Indiana is a very progressive state in firearms’ laws in many ways, including its “lifetime” license to carry a handgun. Once such is issued, it may be suspended or revoked for certain criminal activity. This blog addresses important reasons to appeal the denial of an application for a License to Carry a Handgun once made and denied by the Indiana State Police, who are diligent and careful in approval of the application.
First, firearms law is very complex, and some of the questions on the Application are required to comport with state and federal law and do not always have clear answers. An affirmative or negative answer to a question that causes denial may be properly addressed on appeal through a variety of legal measures and allow the License to issue because the Applicant has shown he or she is a “proper person.”
Second, an Applicant may misunderstand a question and unintentionally provide a false answer. This sometimes comes with questions about misdemeanors and felonies. This is complicated because some applicants may have criminal convictions or dismissals or diversions in Indiana or other states that is not fully explained by the criminal history the ISP obtains. Thus, with a skilled lawyer, this too may be successfully addressed on appeal.
Third, a denial frequently may be based on mental health treatment, therapy or medication under state or federal law. This is a very ambiguous area of law and certain medical records or evaluations may be obtained to allow a denied application to be approved.
Forth, a denial may be indicative of a felony history or battery with a domestic element. Where this is the case, it may be the Applicant is totally barred from possessing a modern firearm or ammunition under state and federal law. Thus, denial is significant because it means that the person may not carry or possess any firearm. Doing so is a state or federal crime with significant consequences, but with expungemenet statutes and a variety of other tools available, may be addressed, criminal history expunged or corrected and an Applicant approved and allowed to purchase and possess firearms and ammunition.
This blog post was written by attorneys at Ciyou & Dixon, P.C. who handle firearms cases throughout the state of Indiana and consult on firearms matters across the United States. This blog is not intended as legal advice or a solicitation for services. This is an advertisement.
