Asking for your help!

[Bluehazemay]

A update was requested on this:

I did my appeals and was still denied, I could not be angry as they were following the law. But currently though I have been using my NRA membership to work with a NRA lawyer to possibly assist on the case.


Now here is a interesting thing, I have some property in georgia, and after reviewing the georgia law for firearms and permits I would not be exempted from having a permit. Now if I am looking at this correctly if I obtain a permit in georgia that will allow me to carry in georgia and indiana since indiana accepts georgia permits. Due to I own property down in georgia that I fairly visit I am allowed to apply for there permit.

Now Im not sure if this would be legal of course but it was a Idea that I came across while reading all the laws.

 

[public servant]

Keep us informed, please.

 

[MontereyC6]

A update was requested on this:

I did my appeals and was still denied, I could not be angry as they were following the law. But currently though I have been using my NRA membership to work with a NRA lawyer to possibly assist on the case.


Now here is a interesting thing, I have some property in georgia, and after reviewing the georgia law for firearms and permits I would not be exempted from having a permit. Now if I am looking at this correctly if I obtain a permit in georgia that will allow me to carry in georgia and indiana since indiana accepts georgia permits. Due to I own property down in georgia that I fairly visit I am allowed to apply for there permit.

Now Im not sure if this would be legal of course but it was a Idea that I came across while reading all the laws.

Unfortunately, you would have to change your residency to Georgia. Indiana code specifies that if you are a resident of Indiana, you must have an Indiana LTCH in order to carry.

 

[alwalker84]

When I was 19 I was pulled over in muncie an arrested for having my gun in the car w/o a license. I was on the way to indy (don's guns) to goto the range. I was convicted of a misdermenor and had to serve a year probation.

The officer said that the only reason he had to arrest me is because my weapon was not in a "box/holster". It was unloaded under the seat of the car (where else would I put it out of plain view?)...besides the trunk i guess in hinesight.

Sucks, because I alos thought I was within the law since I was going to the range. Now whenever I recieve a backgorund check for a new job....that comes up. I lost a good job as an engineer for Honda over it.

Anyway to get something like that expunged?

Of course im an LTCH holder now

 

[nalees]

YouTube - Dont Talk to Police

Does anyone know every law and what you could be admitting?

great post! i watched the whole thing

 

[Bluehazemay]

When I was 19 I was pulled over in muncie an arrested for having my gun in the car w/o a license. I was on the way to indy (don's guns) to goto the range. I was convicted of a misdermenor and had to serve a year probation.

The officer said that the only reason he had to arrest me is because my weapon was not in a "box/holster". It was unloaded under the seat of the car (where else would I put it out of plain view?)...besides the trunk i guess in hinesight.

Sucks, because I alos thought I was within the law since I was going to the range. Now whenever I recieve a backgorund check for a new job....that comes up. I lost a good job as an engineer for Honda over it.

Anyway to get something like that expunged?

Of course im an LTCH holder now

Just curious, since you had that charge was there a 5 year wait to obtain your permit? That is what is stopping now is that 5 year restriction if you have that charge. Also as of getting it expunged - it can be removed after 5 years and once a permit is obtained, but you will need to petition the court system and follow the proper expunge process, now if you are a NRA member they do provide lawyers for such cases and in some cases are free of charge.

 

[alwalker84]

Just curious, since you had that charge was there a 5 year wait to obtain your permit? That is what is stopping now is that 5 year restriction if you have that charge. Also as of getting it expunged - it can be removed after 5 years and once a permit is obtained, but you will need to petition the court system and follow the proper expunge process, now if you are a NRA member they do provide lawyers for such cases and in some cases are free of charge.

Yes, there was a 5 years wait to be able to obtain my LTCH.

Thanks for the expunge advice!

 

[XDs4me]

I personally think that in this case if you are denied you should have just let it go and waited the 2 years. Appeals only work when everything is on you side and in this case they clearly were not. The statue states a 5 years wait. By appealing and losing the appeal you now have 2 denials on record and not just 1. They will look even harder the next time around. Just my opinion

 

[evansvillethompsongunner]

great post! i watched the whole thing

Not trying to vivify a zombified thread, but I just wanted to say....that video
{{http://www.youtube.com/watch?v=i8z7NC5sgik}} is absolutely priceless. I have a hard time convincing anyone to absolutely keep their respective mouths shut when dealing with LEOs, particularly when they might be a person of interest... good to see someone get something out of it, and I recommend that video to everyone, gun owner, supporter, or none of the above, even.

 

[bw210]

YouTube - Dont Talk to Police

Does anyone know every law and what you could be admitting?

All I can say is wow. Changes the way you think about even the simplest of things

 

[Bastispah]

My town marshal told me it was ok to take my pistol to the range as long it was unloaded and in the trunk. I wish we could inform LE that they are misleading some of us to unwittingly break the law.

 

[groovatron]

My town marshal told me it was ok to take my pistol to the range as long it was unloaded and in the trunk. I wish we could inform LE that they are misleading some of us to unwittingly break the law.

Tape recorder? Then you could prove it to them. Too many LEO's don't know the laws.

 

[jsharmon7]

My town marshal told me it was ok to take my pistol to the range as long it was unloaded and in the trunk. I wish we could inform LE that they are misleading some of us to unwittingly break the law.

I'm not a lawyer and this is not legal advice, but I think this would be considered entrapment. I guess it would be tough to prove that the person who gave you the information did indeed serve in a law enforcement capacity. Even if you did have the conversation tape recorded, you'd need a good lawyer I'd bet.

 

[Bluehazemay]

Posting a small update to this for you all, talked with lawyers all around and the NRA. In truth there is no luck, as for having two denials on record there is only one as a spoke with the judge on this one. The only question I failed to ask was If the 5 years is begins the date of the conviction or the date of the charge. If this is the case there was 7 months between my charge date and conviction date. Not sure on the wording.

(9) does not have a conviction for violation of the provisions of this article within five (5) years of the person's application; or

 

[MACHINEGUN]

I wouldn't do it.. you are asking for trouble.

 

[SSGSAD]

Posting a small update to this for you all, talked with lawyers all around and the NRA. In truth there is no luck, as for having two denials on record there is only one as a spoke with the judge on this one. The only question I failed to ask was If the 5 years is begins the date of the conviction or the date of the charge. If this is the case there was 7 months between my charge date and conviction date. Not sure on the wording.

(9) does not have a conviction for violation of the provisions of this article within five (5) years of the person's application; or

My question is this, does your 5 years start over, or are you still waiting from the original date of infraction / conviction ?????

 

[ISHOOTHST'S]

Yes you do have to wait the 5 years. I have the same charge as op and al. Me and al had to wait 5 years. Mine happend when I was 17. No juvenile...strait to lock up. After 5 years time I was a LTCH holder.

 

[millfire517]

Well after many phones calls and verification I was able to get my issue resolved with NICS, With this excitement I went for my permit and payed the $125 for the lifetime.

Now here is where I need your help guys, I have been reading this forum for awhile and have enjoyed quite a few topics, One being how our 2A rights are possibly infringed, now in truth this could go both ways but in truth I agree but then again I understand.

Now back when I was 19 I got the charge class A misdomeanor Handgun with out a permit. Now this was when I was unsure of the law and I need to go to the range to try out my new Glock 32 that I received from a family member as a gift. So of course I called the police deparment and asked them what all was needed and this is what was stated, The ammo and gun need to be seperate and that was all. So of course I put a trigger lock on the gun along with a barrel lock and locked the gun inside the middle console ( bad IDEA ) and locked the ammo and empty clips in glove box. I was not able to use my trunk as it had wet fiber glass and need time to dry. Well to move this along I was pulled over near clermont for 35 in a 30 and I did explain to the officer that I had the gun and I was heading to the range, he this asked for my LTCH, I explained I jsut received the gun and that I followed all the purcautions of locking up the gun for the transfer to the range because I did not have my LTCH and that this was what the police deparment explained I needed to do. Next thing you know I was arrested, and charged.

Now comes the part that can help!

This was back in 2006 so its been about 3 years, I completed my probation for the charge, allowed them to destroy the gun, Now this charge does not hold you from owning and gun but carrying I came to find out was another story! When I applied for my permit a couple days ago I kept reading over the laws to find out if that charge will have an effect. Now here is why! ----- To remove the charge from my record I needed to obtain my permit that was a order from the judge because I had no previous back ground and I think he understood this was a little out of hand. So after reading for 2 hours a night for a week, I noticed something

The term "proper person" includes a person:

• Who is 18 and has not been convicted of a crime which carries a sentence in excess of one year.
• Who is not a drug or alcohol abuser, does not have a reputation or propensity for violence or instability.
• Who has not made a false statement of material fact on his application.
• Does not have a conviction for resisting law enforcement or of violating Indiana's weapon laws within five years of the application.
• Does not have an adjudication as a delinquent child for an act that would be a felony if committed by an adult if the applicant is less that 23.

An arrest for a Class A or Class B felony, or other felony that was committed while armed or involved violence, may be used to deny a license even if there was no conviction, if the court has found probable cause to believe that the person committed the offense. Every initial application will be granted or rejected within sixty days. Current licenses are valid for four years from the date of Issuance. Indiana also offers lifetime permits.


Now this made me wonder some, my small charge was only 3 years old and in truth it did violate the indiana gun law. Now came the time to call ISP gun divison, After speaking with them for 30 minutes I was directed to the super attendent, Now there was no arguement and everyone was very friendly but when I mentioned all of this to them they themselves where unsure if that would cause a Denied permit. After speaking with the super attendent even he himself was unsure due to how the law was worded.

Now im not a lawyer but if I read this correctly it will be denied. Now this is what could help, it was explained if it was denied you can appeal it, the super attendent said it would be a good case as the sense you need the permit to remove the charge but the indiana law restricts that for another 2 years. Now there is a chance it will be approved so im not sure if I have to appeal it.

Now it comes to if I have to appeal this I would like to get some ideas, how would you all would present yourself? What would you would use to help your case? Would you bring up that you feel your 2A are infringed?

Now I know some of you may tell me to get over it you screwed up. You have the right to your own opinion and I will respect that. But understand that you WILL make mistakes in life and you will pay for them, which I have served my time and completed.

If anyone has any questions please feel free to ask! I looking to use this problem to my advantage and possibly change something. Now will it happen probley not, but is it possible YES.

Thank you all for your help it is grealty appreciated!

I can't believe nobody threw a fit about the part in red