Every year civil and criminal defense attorneys across the state and the citizens at large handle or read headlines about “gun blunders” that cause the once-law-abiding citizen to wind up charged with a criminal act. This blog identified the five most common gun myths to help you avoid them, minimize criminal risk and look inside of the defenses. Becoming the aggressor: In many cases, someone with a firearm may be authorized at a given moment in time to stand his or her ground and use deadly force and have an affirmative defense to what would be an otherwise criminal act. However, normally ...
Tag: indiana state police
October 30, 2017CD
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, ...
February 20, 2017Adam Hayes
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 ...
December 7, 2016Adam Hayes
In Indiana a significant number of the adult population has a License to Carry a Handgun. Because of the ease of concealment, the rules and regulation to obtain a License are in many respects more restrictive than the right to purchase a firearm. There are four key mistakes that cause an Application for a License to be denied, with some ability for assistance by an attorney to remove the prohibiting factors. 1. The first is an applicant has a history of minor criminal activity which shows a propensity for violent or unstable conduct. Sometimes this may be addressed by various psychological or ...
October 25, 2016Adam Hayes
Indiana has a long connection with personally owned firearms and the industry, such that Indiana is the only state with a lifetime License to Carry a Handgun and Crane Naval Warfare Center in Crane, Indiana being a focal point for military weapons system development. It is not surprising so many Hoosiers have a License to Carry Handgun issued by the Indiana State Police, running into the hundreds of thousands. Under Indiana law, to be issued a License to Carry a Handgun, a key is the person must be considered a “proper person.” The Indiana State Police (Firearms Division) is responsible for ...
April 15, 2014CD
As an attorney working in the firearms arena on a daily basis, I am learning new legal concepts, ideas and ways of looking at things everyday. At the same time, I also get the earful of urban myth. One of the more common is that Indiana is doing away with its lifetime License to Carry Handgun permit. And once you have it, it cannot ever be suspended or revoked. Both are untrue. In fact, just like a driver’s license, certain acts or omissions with a firearm may result in your license being suspended pending a hearing. One basis for a gun ...
January 29, 2014CD
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 ...
January 29, 2014CD
No. These are very different concepts. In Indiana, a License allows a person to carry a handgun or handguns anywhere he or she is lawfully allowed to within the State. The License is indexed to the person: namely, is he or she a “proper person” of “good character and reputation” with a “proper reason” for a License. If so, upon proper application, the Superintendent of the Indiana State Police shall issue the person a License to Carry a Handgun. No handgun registration is required under Indiana law. For this reason, a Licensee may carry any handgun he or ...
May 17, 2011CD