IC 35-47-4-5. Question about it

[datIANguy]

So my brother technically has a felony for possession of marijuana and a legend drug. Both are under 1 cause number in the court. He asked me about maybe getting a carry permit and being able to own firearms. As far as the carry permit I don't know. As far as reading that code it seems to me a person convicted of a class D felony in Indiana (DUI/Possesion) and those really being the only 2 can legally possess, buy, and carry a gun.

Indiana Code 35-47-4

I have a friend who is a sheriff's deputy over in Fountain county and he said in fountain county it's possible for my brother to get his carry permit there but it depends on the county and a version of what I think he called "judicial law" that varies by county.

 

[JollyMon]

So my brother technically has a felony for possession of marijuana and a legend drug. Both are under 1 cause number in the court. He asked me about maybe getting a carry permit and being able to own firearms. As far as the carry permit I don't know. As far as reading that code it seems to me a person convicted of a class D felony in Indiana (DUI/Possesion) and those really being the only 2 can legally possess, buy, and carry a gun.

Indiana Code 35-47-4

I have a friend who is a sheriff's deputy over in Fountain county and he said in fountain county it's possible for my brother to get his carry permit there but it depends on the county and a version of what I think he called "judicial law" that varies by county.

Felony = No Guns.

The federal rule is found in one of the main firearm statutes, 18 U.S.C. § 922(g)(1). It says that anyone "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" is barred from possessing a gun.

 

[datIANguy]

I know this but I also know state law can take effect OVER federal law. And as that according to the feds it states that any crime punishable by a sentence of over 1 year. A class b misdemeanor can give you that.

 

[Bill of Rights]

Fountain County does not issue licenses to carry handguns, ISP does. Depending on when his offense occurred, it is possible he might be able to get the court to lower the charge to a misdemeanor in what is called PCR- post conviction relief, after he has served whatever sentence was handed down. He will need to contact his lawyer to do that.

I wish him luck, both in his quest to lawfully defend himself should the need arise, and in becoming and remaining clean and sober.

Disclaimers apply as usual: IANAL, TINLA

Blessings,
Bill

 

[JollyMon]

I know this but I also know state law can take effect OVER federal law.

No from my understanding..... as Indiana code says a proper person for a ltch.

35-47-1-7 Sec. 7. "Proper person" means a person who:
.....
(2) does not have a conviction for a crime
for which the person could have been
sentenced for more than one (1) year;

 

[HoughMade]

I know this but I also know state law can take effect OVER federal law....

No, not in this case. State law only overrides federal law if the federal law specifically allows for that.

(g) It shall be unlawful for any person-- (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;....


to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.


18 USCS § 922

Ind. Code § 35-47-1-7. Proper person.


"Proper person" means a person who:...


(2) does not have a conviction for a crime for which the person could have been sentenced for more than one (1) year;...

Ind. Code § 35-47-2-3


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


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


...the superintendent shall issue to the applicant a qualified or an unlimited license to carry any handgun lawfully possessed by the applicant.