Several years ago, the Legislature passed an expungement statutory scheme to “expungement” or remove old felonies and other arrest and misdemeanor convictions occurring in Indiana from a person’s criminal history. Expunged crimes were basically removed from a person’s criminal history, with the exception of certain uses by law enforcement or in the case of subsequent crimes. These expungement statutes recognized people change over a long period of time. However, many remained “haunted” and limited in their daily life by an old criminal history. This is ...
Tag: firearms law
February 20, 2017 / Indiana Handgun Permit
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 ...
What I Learned During My Afternoon With Greg Latka, President, At Gemtech’s Suppressors Manufacturing Facility
August 4, 2015 / Firearms Law
Every person has unique opportunities to go places and/or do things that others rarely get to do. As an attorney with a practice focus in firearms, I try to take up such opportunities. These make me a more informed person and attorney. I have come to believe a life well lived is one filled with diverse and rich with experiences. What I have observed with all of this is that life is full of examples of law at work. These examples demonstrate America’s legal system of laws, judges, courts and lawyers ...
To the objective of following the law, keeping guns out of criminals hands, and aiding AFT and other law enforcement officers with preventing or investigating gun crimes, ATF has the ability to do a compliance check (with a cause, such as a firearm sold from a store winding up used in a crime) no more than once a year of an FFL’s A&D Book, 4473s, inventory, and multiple handgun transfer forms. In this blog post, ...
THE NATIONAL CONVENTION IS COMING TO INDY APRIL 24-27, 2014–BE THERE! I grew up in the country, and guns were an ordinary (and safe) part of daily life. “Hearing about the NRA” and seeing NRA stickers on cars and trucks was a normal part of my life as well. The NRA-logo targets were the ones I shot at during Boy Scout summer camp. Then I didn’t know exactly what the NRA was, nor did, to protect the right to keep and bear arms; but I knew it was really important. As an adult and then attorney, I continued ...
Indiana was the first state to adopt into law a lifetime License to Carry a handgun. Hundreds of thousands of Hoosiers have applied and been approved for licensure. Since last years deadly Connecticut school shootings, the issuing agency, the Indiana State Police, have had a four-fold increase in applications. From just December, 2012, to June, 2013, they processed 91,949 applications. That compares with 62,934 from the year prior. Given Indiana has just over 6 million inhabitants, it seems Hoosiers like their guns and ...
It is generally common knowledge that a person who has been convicted of a felony, even if remote in time, is no longer permitted to possession (purchase, possess, handle), a firearm.1 Possession has two (2) possible variables: actual possession, and constructive possession. Active or actual possession occurs when a person is physically in control ...
At Ciyou & Dixon, P.C., we frequently receive questions from our clients and the general public about Indiana’s self-defense laws, given our practice area covering firearms law. A number of legal concepts applicable to the use of deadly force are well developed. This blog post starts with these. First, Indiana’s self-defense statutes have long provided a legal justification for the use of deadly force in three (3) factual circumstances: To prevent serious bodily injury or death. To prevent a forcible felony (there ...
This question is one that has played itself time and again through US history and in every state. The legal concept of preemption may apply to any matter. In basic form, it asks the question of who should decide a matter — the State or the local government. Many years ago, Indiana law fundamentally changed on how this was viewed. Until this, the only power a local branch of government possessed to regulate its affairs ...
"How are the Indiana gun laws made in the Legislature? What do the Indiana Legislators do to make sure they pass the right laws and make necessary changes to the law?" Just 10 years ago, I couldn’t even begin to answer these questions. In fact, my unanswered personal gun-law questions were far easier but nagged at me without the ability to find ready answers. For example, where could or couldn’t I carry a handgun with my Indiana unlimited License to Carry. As some of you know, I am an Indiana attorney with a life-long interest in firearms. After much consideration based on ...