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Thread: New here, I have a few ?'s

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    New here, I have a few ?'s

    New to this forum and I have a few question's. I'm looking at purchasing my first handgun soon and was wondering if the few things on my record will hinder my purchasing a gun and getting a CCW permit. I got an O.W.I. last june and will soon be on non-reporting probation until november and back in 07' I did 45 days in Porter County for a misdemeanor harassment charge. Any insight will be greatly appreciated as well as the "application process". Thanks in advance. Also if it matters I live in Laporte, IN. In city limits.

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    You can't buy a gun if you are on parole or probation.

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    Hmm.

    Quote Originally Posted by phantomz71 View Post
    New to this forum and I have a few question's. I'm looking at purchasing my first handgun soon and was wondering if the few things on my record will hinder my purchasing a gun and getting a CCW permit. I got an O.W.I. last june and will soon be on non-reporting probation until november and back in 07' I did 45 days in Porter County for a misdemeanor harassment charge. Any insight will be greatly appreciated as well as the "application process". Thanks in advance. Also if it matters I live in Laporte, IN. In city limits.
    There can be a 'gray area' before a permit is issued. That is, everything known about your criminal history can and should be considered. For example: how many OWI's have you had? What were you under the influence of?

    Harassment? Had you been in possession of a firearm during this 'harassment' you may very well be facing a serious felony. Depending on the circumstances you may be denied.

    Aside from the 'right' to have a gun, you should ask yourself why you are getting it.

    It's been my first hand experience that most people shouldn't be near a firearm.

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    Quote Originally Posted by 2ndammendmentbrotha View Post
    You can't buy a gun if you are on parole or probation.
    Really??? Where exactly is that code...I don't quite see it...I think he is good to go.

    Here is what I found that MAY affect his ability, just depends on if he falls into any of the restricted definitions...

    http://www.in.gov/legislative/ic/code/title35/ar47/

    Below are the critical portions taken from the above address...

    IC 35-47-1-2
    "Alcohol abuser"

    Sec. 2. "Alcohol abuser" means an individual who has had two (2) or more alcohol related offenses, any one (1) of which resulted in conviction by a court or treatment in an alcohol abuse facility within three (3) years prior to the date of the application.
    As added by P.L.311-1983, SEC.32.

    IC 35-47-1-7
    "Proper person"

    Sec. 7. "Proper person" means a person who:
    (1) does not have a conviction for resisting law enforcement under IC 35-44-3-3 within five (5) years before the person applies for a license or permit under this chapter;
    (2) does not have a conviction for a crime for which the person could have been sentenced for more than one (1) year;
    (3) does not have a conviction for a crime of domestic violence (as defined in IC 35-41-1-6.3), unless a court has restored the person's right to possess a firearm under IC 35-47-4-7;
    (4) is not prohibited by a court order from possessing a handgun;
    (5) does not have a record of being an alcohol or drug abuser as defined in this chapter; See above
    (6) does not have documented evidence which would give rise to a reasonable belief that the person has a propensity for violent or emotionally unstable conduct;
    (7) does not make a false statement of material fact on the person's application;
    (8) does not have a conviction for any crime involving an inability to safely handle a handgun;
    (9) does not have a conviction for violation of the provisions of this article within five (5) years of the person's application; or
    (10) does not have an adjudication as a delinquent child for an act that would be a felony if committed by an adult, if the person applying for a license or permit under this chapter is less than twenty-three (23) years of age.
    As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984, SEC.1; P.L.148-1987, SEC.3; P.L.269-1995, SEC.5; P.L.49-2005, SEC.1; P.L.118-2007, SEC.34.

    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, 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.
    (h) If the law enforcement agency that charges a fee under subsection (b) is a city or town law enforcement agency, the fee shall be deposited in the law enforcement continuing education fund established under IC 5-2-8-2.
    (i) If a person who holds a valid license to carry a handgun issued under this chapter:
    (1) changes the person's name;
    (2) changes the person's address; or
    (3) experiences a change, including an arrest or a conviction, that may affect the person's status as a proper person (as defined in IC 35-47-1-7) or otherwise disqualify the person from holding a license;
    the person shall, not later than thirty (30) days after the date of a change described under subdivision (3), and not later than sixty (60) days after the date of the change described under subdivision (1) or (2), notify the superintendent, in writing, of the event described under subdivision (3) or, in the case of a change under subdivision (1) or (2), the person's new name or new address.
    (j) The state police shall indicate on the form for a license to carry a handgun the notification requirements of subsection (i).
    (k) The state police department shall adopt rules under IC 4-22-2 to implement an electronic application system under subsection (a). Rules adopted under this section must require the superintendent to keep on file one (1) set of classifiable and legible fingerprints from
    every person who has received a license to carry a handgun so that a person who applies to renew a license will not be required to submit an additional set of fingerprints.
    (l) Except as provided in subsection (m), for purposes of IC 5-14-3-4(a)(1), the following information is confidential, may not be published, and is not open to public inspection:
    (1) Information submitted by a person under this section to:
    (A) obtain; or
    (B) renew;
    a license to carry a handgun.
    (2) Information obtained by a federal, state, or local government entity in the course of an investigation concerning a person who applies to:
    (A) obtain; or
    (B) renew;
    a license to carry a handgun issued under this chapter.
    (3) The name, address, and any other information that may be used to identify a person who holds a license to carry a handgun issued under this chapter.
    (m) Notwithstanding subsection (l):
    (1) any information concerning an applicant for or a person who holds a license to carry a handgun issued under this chapter may be released to a federal, state, or local government entity:
    (A) for law enforcement purposes; or
    (B) to determine the validity of a license to carry a handgun; and
    (2) general information concerning the issuance of licenses to carry handguns in Indiana may be released to a person conducting journalistic or academic research, but only if all personal information that could disclose the identity of any person who holds a license to carry a handgun issued under this chapter has been removed from the general information.
    As added by P.L.311-1983, SEC.32. Amended by P.L.26-1990, SEC.15; P.L.48-1993, SEC.5; P.L.140-1994, SEC.6; P.L.269-1995, SEC.6; P.L.2-1996, SEC.284; P.L.27-2001, SEC.1; P.L.120-2001, SEC.1; P.L.49-2005, SEC.2; P.L.187-2005, SEC.3; P.L.190-2006, SEC.2; P.L.155-2007, SEC.1; P.L.47-2010, SEC.1; P.L.34-2010, SEC.4.
    Last edited by ATF Consumer; 05-22-2011 at 03:06 PM.
    I'd tell you UDP jokes, but you probably wouldn't get them every time, so I'll only tell TCP jokes, that way you'll always get them!

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    Quote Originally Posted by rww930 View Post
    There can be a 'gray area' before a permit is issued. That is, everything known about your criminal history can and should be considered. For example: how many OWI's have you had? What were you under the influence of?

    Harassment? Had you been in possession of a firearm during this 'harassment' you may very well be facing a serious felony. Depending on the circumstances you may be denied.

    Aside from the 'right' to have a gun, you should ask yourself why you are getting it.

    It's been my first hand experience that most people shouldn't be near a firearm.
    Perhaps a bit of reading will change your mind...

    http://www.paulhager.org/
    I'd tell you UDP jokes, but you probably wouldn't get them every time, so I'll only tell TCP jokes, that way you'll always get them!

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    Reading something has nothing to do with my opinion. It's based soley on first hand experience.

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    Quote Originally Posted by rww930 View Post
    Reading something has nothing to do with my opinion. It's based soley on first hand experience.
    From my first hand experience, I could very easily say the same thing, but in turn would rather say that they simply need training on how to handle firearms.
    I'd tell you UDP jokes, but you probably wouldn't get them every time, so I'll only tell TCP jokes, that way you'll always get them!

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    Quote Originally Posted by ATF Consumer View Post
    From my first hand experience, I could very easily say the same thing, but in turn would rather say that they simply need training on how to handle firearms.
    I completely agree. The problem is that most people will never go get proper training. In my opinion that makes them a dangerous gun owner.

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    Quote Originally Posted by phantomz71 View Post
    New to this forum and I have a few question's. I'm looking at purchasing my first handgun soon and was wondering if the few things on my record will hinder my purchasing a gun and getting a CCW permit. I got an O.W.I. last june and will soon be on non-reporting probation until november and back in 07' I did 45 days in Porter County for a misdemeanor harassment charge. Any insight will be greatly appreciated as well as the "application process". Thanks in advance. Also if it matters I live in Laporte, IN. In city limits.
    First, Im no stranger to getting in trouble, but misdemeanor harassment? Come on man!
    Texas use to have some pretty screwed up self defense laws. I was always in trouble for assault. " Never once did I get in trouble for harassing anyone because I never start the crap". With that said, I always beat the assault charges because all I ever done way defend someone.
    The OWI, what is that, some kind of intoxication chage?
    I support peoples right to carry, but you got some stuff to deal with before you can get a CCW.
    Dont take this as a Chops busting session because its not. Im just point out a few details that could ruin you chances of getting a CCW. I understand people get in trouble, but you have to understand it could restrict your ability to get a CCW.

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    It's an extra charge they slap on you, besides the DUI and public intox...

    Indiana refers to driving under the influence as operating while under the influence (OWI). There are two ways that a person can be charged if they are driving while under the influence of alcohol or another intoxicant. They can be charged with an OWI if their blood alcohol content (BAC) is at or exceeds 0.08%. According to the OWI laws, anyone driving with this BAC is in fact operating a vehicle while intoxicated. It does not matter much if they are visibly drunk or under the influence.

    An individual can be charged with an OWI even if their BAC has not met or exceeded the legal limit. This occurs in circumstances when a driver's abilities were affected by the influences of alcohol or other substances. A police officer can pull someone over if they see any signs that the individual might be intoxicated. They can also require a driver to have chemical testing to evaluate their BAC.
    I'd tell you UDP jokes, but you probably wouldn't get them every time, so I'll only tell TCP jokes, that way you'll always get them!

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    And if you refuse said breath and/or blood test, you'll be suspended for one year automatically.

    Refuse it anyway, why would anyone voluntarily give evidence of their guilt? Without the blood/breath test they can't charge you with operating over the limit because there isn't any evidence...they'll just charge you with the lesser included offense of operating impaired.

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