What can I do if I receive the written letter from the Indiana State Police that my Application for a License to Carry Handgun is denied?
The firearms division of the Indiana State Police (“ISP”) ultimately determines whether to issue an Indiana gun permit denial, but local police make recommendations to them whether to grant or deny a permit application. They are tasked with this job by the Superintendent of the Indiana State police. The overarching reason that ISP most commonly cites for an Indiana handgun permit denied upon application is that they are not a “proper person.”
Other common reasons for Indiana gun permit denials are that an applicant makes a “materially false statement” on his or her application, such as failing to disclose a criminal conviction; another reason may be that the applicant has had or is currently seeking mental health treatment. In addition, the Indiana State Police are bound by the federal and state criminal databases for determining who is a “proper person,” but these databases sometimes have errors in them that are the result of court proceedings that contain an error in the conviction status. Many of these occurred long before the widespread use of computerized records.
Indiana handgun permit denials are not the end of the process to obtain a permit. With some of the noted legal bases for denial, an applicant may be able to prevail by appealing and having a hearing in front of an Indiana Administrative Law Judge. A request for an appeal must be filed within sixty days of receipt of the denial letter.
At the time you receive the Indiana gun permit denial letter, you need to determine if you wish to move forward. Some cases are problematic, such as failure to disclose a felony conviction on the Application for License to Carry Handgun because of the material mis-statement, which was made under penalty of perjury. Many cases need to be prepared and tried and, after adequate presentation of the evidence, and the Applicant may receive a license.
Ciyou & Dixon, P.C. attorneys regularly represent clients with the appeal of their Indiana gun permit denial of their Application for License to Carry Handgun.
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