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Thread: Handgun License Eligiblity Question

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    Handgun License Eligiblity Question

    Ok so I was convicted of a class a misteomanor criminal recklessness.. this was in 2010. I completed everything i was required to and have not been in any troble since then. Will this charge keep me from getting my license to carry a hand gun?

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    Welcome to OCDO. Mobile, Indiana? How long was your probation/supervision?
    I am responsible for my writing, not your understanding of it.

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    Quote Originally Posted by ron8924 View Post
    Ok so I was convicted of a class a misteomanor criminal recklessness.. this was in 2010. I completed everything i was required to and have not been in any troble since then. Will this charge keep me from getting my license to carry a hand gun?
    In which state would you be applying?
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Nightmare View Post
    Welcome to OCDO. Mobile, Indiana? How long was your probation/supervision?
    It was two years. So got done with everything in 2012

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    Quote Originally Posted by Grapeshot View Post
    In which state would you be applying?
    Will be applying in Indiana

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    Here's what the law says (I've highlighted what seems relevant re: qualifiers and disqualifiers. I leave it up to you to decide whether it applies to you or not.)

    IC 35-47-2-3
    Application for license to carry handgun; procedure
    Sec. 3. (a) A person desiring a license to carry a handgun shall
    apply:

    (1) to the chief of police or corresponding law enforcement
    officer of the municipality in which the applicant resides;

    (2) if that municipality has no such officer, or if the applicant
    does not reside in a municipality, to the sheriff of the county in
    which the applicant resides after the applicant has obtained an
    application form prescribed by the superintendent; or

    (3) if the applicant is a resident of another state and has a regular
    place of business or employment in Indiana, to the sheriff of the
    county in which the applicant has a regular place of business or
    employment.

    The superintendent and local law enforcement agencies shall allow
    an applicant desiring to obtain or renew a license to carry a handgun
    to submit an application electronically under this chapter if funds are
    available to establish and maintain an electronic application system.

    (b) The law enforcement agency which accepts an application for
    a handgun license shall collect the following application fees:

    (1) From a person applying for a four (4) year handgun license,
    a ten dollar ($10) application fee, five dollars ($5) of which
    shall be refunded if the license is not issued.

    (2) From a person applying for a lifetime handgun license who
    does not currently possess a valid Indiana handgun license, a
    fifty dollar ($50) application fee, thirty dollars ($30) of which
    shall be refunded if the license is not issued.

    (3) From a person applying for a lifetime handgun license who
    currently possesses a valid Indiana handgun license, a forty
    dollar ($40) application fee, thirty dollars ($30) of which shall
    be refunded if the license is not issued.
    Except as provided in subsection (h), the fee shall be deposited into
    the law enforcement agency's firearms training fund or other
    appropriate training activities fund and used by the agency to train
    law enforcement officers in the proper use of firearms or in other law
    enforcement duties, or to purchase firearms, firearm related
    equipment, or body armor (as defined in IC 35-47-5-13(a)) for the
    law enforcement officers employed by the law enforcement agency.
    The state board of accounts shall establish rules for the proper
    accounting and expenditure of funds collected under this subsection.

    (c) The officer to whom the application is made shall ascertain the
    applicant's name, full address, length of residence in the community,
    whether the applicant's residence is located within the limits of any
    city or town, the applicant's occupation, place of business or
    employment, criminal record, if any, and convictions (minor traffic
    offenses excepted), age, race, sex, nationality, date of birth,
    citizenship, height, weight, build, color of hair, color of eyes, scars
    and marks, whether the applicant has previously held an Indiana
    license to carry a handgun and, if so, the serial number of the license
    and year issued, whether the applicant's license has ever been
    suspended or revoked, and if so, the year and reason for the
    suspension or revocation, and the applicant's reason for desiring a
    license. The officer to whom the application is made shall conduct an
    investigation into the applicant's official records and verify thereby
    the applicant's character and reputation, and shall in addition verify
    for accuracy the information contained in the application, and shall
    forward this information together with the officer's recommendation
    for approval or disapproval and one (1) set of legible and classifiable
    fingerprints of the applicant to the superintendent.

    (d) The superintendent may make whatever further investigation
    the superintendent deems necessary. Whenever disapproval is
    recommended, the officer to whom the application is made shall
    provide the superintendent and the applicant with the officer's
    complete and specific reasons, in writing, for the recommendation of
    disapproval.

    (e) If it appears to the superintendent that the applicant:

    (1) has a proper reason for carrying a handgun;

    (2) is of good character and reputation;

    (3) is a proper person to be licensed; and


    (4) is:

    (A) a citizen of the United States; or

    (B) not a citizen of the United States but is allowed to carry
    a firearm in the United States under federal law;
    the superintendent shall issue to the applicant a qualified or an
    unlimited license to carry any handgun lawfully possessed by the
    applicant. The original license shall be delivered to the licensee. A
    copy shall be delivered to the officer to whom the application for
    license was made. A copy shall be retained by the superintendent for
    at least four (4) years in the case of a four (4) year license. The
    superintendent may adopt guidelines to establish a records retention
    policy for a lifetime license. A four (4) year license shall be valid for
    a period of four (4) years from the date of issue. A lifetime license is
    valid for the life of the individual receiving the license. The license
    of police officers, sheriffs or their deputies, and law enforcement
    officers of the United States government who have been honorably
    retired by a lawfully created pension board or its equivalent after
    twenty (20) or more years of service shall be valid for the life of these
    individuals. However, a lifetime license is automatically revoked if
    the license holder does not remain a proper person.
    (f) At the time a license is issued and delivered to a licensee under
    subsection (e), the superintendent shall include with the license
    information concerning handgun safety rules that:
    (1) neither opposes nor supports an individual's right to bear
    arms; and
    (2) is:
    (A) recommended by a nonprofit educational organization
    that is dedicated to providing education on safe handling and
    use of firearms;
    (B) prepared by the state police department; and
    (C) approved by the superintendent.
    The superintendent may not deny a license under this section because
    the information required under this subsection is unavailable at the
    time the superintendent would otherwise issue a license. The state
    police department may accept private donations or grants to defray
    the cost of printing and mailing the information required under this
    subsection.
    (g) A license to carry a handgun shall not be issued to any person
    who:
    (1) has been convicted of a felony;
    (2) has had a license to carry a handgun suspended, unless the
    person's license has been reinstated;
    (3) is under eighteen (18) years of age;
    (4) is under twenty-three (23) years of age if the person has been
    adjudicated a delinquent child for an act that would be a felony
    if committed by an adult; or
    (5) has been arrested for a Class A or Class B felony for an
    offense committed before July 1, 2014, for a Level 1, Level 2,
    Level 3, or Level 4 felony for an offense committed after June
    30, 2014, or any other felony that was committed while armed
    with a deadly weapon or that involved the use of violence, if a
    court has found probable cause to believe that the person
    committed the offense charged.
    In the case of an arrest under subdivision (5), a license to carry a
    handgun may be issued to a person who has been acquitted of the
    specific offense charged or if the charges for the specific offense are
    dismissed. The superintendent shall prescribe all forms to be used in
    connection with the administration of this chapter.



    Full text from the source here:
    http://iga.in.gov/legislative/laws/2.../chapters/002/

    If you do carry, carry safely. If you don't carry, I hope the reckless behavior does not return.

  7. #7
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    Quote Originally Posted by cce1302 View Post
    If you do carry, carry safely. If you don't carry, I hope the reckless behavior does not return.
    it stemmed from an incident that happened in 2005, was young and dumb. I have had a flawless record since then to include honorable military service. I have researched all the laws that you provided previously. I obviously think I should be able to get one, but I believe there will be some subjection depending on who looks at. I was just hoping to run across someone that may have been in a similar situation. Thanks for the feedback

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