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Indiana Gun Permit Denials: What Can You Do?

It may seem surprising in a state of just 6.5 million people, but Indiana has hundreds of thousands of adult residents who have an Indiana License to Carry Handgun. In addition, the Legislature, Courts and Executive Branch are fairly favorable to gun rights, and our laws have set precedent throughout the United States - not to be confused or equated with gun violence and improper gun use for which we all agree is a tragedy and gives lawful and safe gun owners a bad reputation.

This background, coupled with computerization, has led to old arrests being placed on the NICS background system, albeit with some errors, and more ease in tracking prohibited possessors, such as felons, someone subject to a domestic restraining order, or convicted of a crime of domestic violence. Obtaining a License to Carry Handgun (Indiana gun permit) in the State of Indiana, informally known as a “gun permit,” is more restrictive than purchasing a firearm.

As a result, the number of Indiana gun permit license denials has doubled in the last four years from roughly 1,000 to 2,000 as criminal records become more complete. A gun permit denial occurs when a person applies and receives a letter from the Superintendent of the Indiana State Police indicating they are not a “proper person” for one of several reasons, including some of those noted above. This function is delegated to the Firearms Division of the Indiana State Police.

However, if you are denied, you have time to appeal and are entitled to an administrative hearing to present evidence that you are a “proper person” to have a license. This is before an administrative law judge (a neutral), an attorney who is a state police officer and also an attorney, and a person who handles the logistics and paperwork. It is basically a mini-trial. Obviously, individuals who should not have firearms because of a reckless history with a gun or a disqualifier under state or federal law do not prevail as they cannot as a matter of law.

As an attorney, I have had the opportunity to handle such gun permit cases and find that may times there is appropriate evidence that will allow someone denied an Indiana gun permit license to prevail and be issued a License to Carry Handgun. These are somewhat technical and require preparation. However, consistent with their motto the Indiana State Police, at least those I have encountered on the road side to administrative hearings on firearms denials, exude integrity - service - professionalism and do not deny a license if there is a valid legal reason to grant such.

Ciyou & Dixon, P.C. attorneys handle Handgun License to Carry denials for Indiana residents throughout the state. This blog post was written by attorney Bryan L. Ciyou, located in Indianapolis, Indiana.

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