Hundreds of thousands of Hoosiers have a License to Carry Handgun, commonly known as a “permit” issued by the Indiana State Police. With application and the complexities of the law, there are many reasons an application may be denied and appealed. In many cases, a denial—properly addressed—can be remedied on appeal. This blog explores common reasons for denial and how an attorney may assist you in the process.
The first is a misstatement on the Application. Law and life are complex and uncertain. A material misstatement of fact may come from failing to recollect a criminal history. The Indiana State Police, the Agency tasked with licensing by the legislature, is not focused on denying an Application for a technical or memory failure, but instead, approving a license based on an accurate application, even if it has to be amended by the Applicant through the assistance of counsel. The key is to timely appeal a denial, provide the corrective action, and be willing to have an appeal (an administrative trial) to correct a material misstatement.
The second is an Application based on a disclosed mental health matter. Often through the provision of records, psychological evaluation, and/or administrative hearing, this may be corrected. However, there are situations where mental health may be a federal prohibitor for a license. Assessment of this is best handled through a knowledgeable firearms attorney.
The third common basis for denial is a federal prohibition. In general, this means the conviction of a crime where the sentence may be a year or more (i.e. a felony). Often with old records, they are not accurate and a felony that was supposed to be a misdemeanor is not accurately recorded and an attorney may be able to correct this old mistake.
Fourthly, crimes that result in a conviction of a year or more (unless a two-year misdemeanor under state law), are federal prohibitors that disallow the Indiana State Police to issue a license due to the supreme nature of federal law under the Supremacy Clause of the United States Constitution. A federal NICS denial has the same result. A firearms attorney may be able to effectuate an expungement of a felony or VAP for NICS denial to remedy this.
While firearms law is complex and, at times contradictory, many Applications for denial for License to Carry Handgun can be remedied by a timely appeal and certain legal work. A denial by itself is not the end result, nor does the Indiana State Police, in any way appear to take this approach. However, it is incumbent on Applicants who receive denials to obtain skilled legal counsel to address this problem within the allocated time. Many cases of denial can be corrected.
This blog post is written by attorneys at Ciyou & Dixon, P.C. who handle handgun permit Application denials and a wide variety of related administrative, civil and criminal gun matters throughout Indianapolis, the State of Indiana and consult nationally. This blog is intended for general information purposes. It is not a solicitation for legal services or a specific advice. This is an advertisement.
