Indiana LTCH - License to carry a handgun

[MosinSniper]

Hi everyone,
So I've never posted to this site before but I have found many interesting and informative topics here. So my question has to do with getting a permit to carry in Indiana and the laws that go along with it. Basic question, I have a domestic battery on my record, dates back about 11 years ago. A friend of mine told me that the laws have recently changed and a domestic battery would not prevent someone from obtaining a permit to carry, providing it was more than 10 years ago. Was wondering if this bit of information had any merit??

 

[GBuck]

I have not HEARD of this, but that doesn't mean that I didn't miss it. I thought the exclusion of prior convictions only applied to DUIs. I'll be waiting for one of the law guys to jump on here.

 

[9mmfan]

Firstly, welcome to . Secondly, I'm afraid I don't know. I'm sure one of our 'in house lawyers' will be along shortly.

 

[cobber]

Here's the code:

IC 35-47-4-6
Unlawful possession of a firearm by a domestic batterer
Sec. 6. (a) A person who has been convicted of domestic battery under IC 35-42-2-1.3 and who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a domestic batterer, a Class A misdemeanor.
(b) It is a defense to a prosecution under this section that the person's right to possess a firearm has been restored under IC 35-47-4-7.
As added by P.L.195-2003, SEC.7. Amended by P.L.98-2004, SEC.156; P.L.118-2007, SEC.36.
IC 35-47-4-7
Persons prohibited from possessing a firearm; restoration of right to possess a firearm
Sec. 7. (a) Notwithstanding IC 35-47-2, IC 35-47-2.5, the restoration of the right to serve on a jury under IC 33-28-5-18, or the restoration of the right to vote under IC 3-7-13-5, and except as provided in subsections (b), (c), and (f), a person who has been convicted of a crime of domestic violence may not possess a firearm after the person's release from imprisonment or lawful detention.
(b) Not earlier than five (5) years after the date of conviction, a person who has been convicted of a crime of domestic violence may petition the court for restoration of the person's right to possess a firearm. In determining whether to restore the person's right to possess a firearm, the court shall consider the following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from
possessing a firearm.
(2) Whether the person has successfully completed a substance abuse program, if applicable.
(3) Whether the person has successfully completed a parenting class, if applicable.
(4) Whether the person still presents a threat to the victim of the crime.
(5) Whether there is any other reason why the person should not possess a firearm, including whether the person failed to satisfy a specified condition under subsection (c) or whether the person has committed a subsequent offense.
(c) The court may condition the restoration of a person's right to possess a firearm upon the person's satisfaction of specified conditions.
(d) If the court denies a petition for restoration of the right to possess a firearm, the person may not file a second or subsequent petition until one (1) year has elapsed after the filing of the most recent petition.
(e) A person has not been convicted of a crime of domestic violence for purposes of subsection (a) if the conviction has been expunged or if the person has been pardoned.
(f) The right to possess a firearm shall be restored to a person whose conviction is reversed on appeal or on postconviction review at the earlier of the following:
(1) At the time the prosecuting attorney states on the record that the charges that gave rise to the conviction will not be refiled.
(2) Ninety (90) days after the final disposition of the appeal or the postconviction proceeding.
As added by P.L.118-2007, SEC.37.

You should talk to an attorney for the particulars. Note that Section 6(b) is a defense to the charge.

 

[figley]

A call to the state police, firearms division, may give you some more information.

On another note, with a name like "MosinSniper", in order to keep the name, you must know who the real Mosin Sniper was.

 

[hoosierdoc]

On another note, with a name like "MosinSniper", in order to keep the name, you must know who the real Mosin Sniper was.

As in Enemy at the Gates fame?

 

[Goodcat]

Simo Hayha, the white death.

 

[Ted]

I presume that you are also familiar with the Lautenberg amendment. See 18 U.S.C. § 922(g)(9).

 

[gunbunnies]

Just a note, it's not a concealed carry permit.... it is a permit to carry a handgun. There is a difference...

My Utah permit is a CCW, or Concealed Firearm Permit...

 

[MosinSniper]

Of course, the most famous, not sure about the original "mosin sniper" was Vasily Grigoryevich Zaitsev, (had to look up the spelling of the middle and last name) his name made mainstream by the movie Enemy at the Gates.

 

[tatic05]

Could it be Mihail Ilyich Surkov?

 

[Fishersjohn48]

Just a note, it's not a concealed carry permit.... it is a (permit) License to carry a handgun. There is a difference...

My Utah permit is a CCW, or Concealed Firearm Permit...

FIFY

 

[Shootin'IN]

Hi everyone,
So I've never posted to this site before but I have found many interesting and informative topics here. So my question has to do with getting a permit to carry in Indiana and the laws that go along with it. Basic question, I have a domestic battery on my record, dates back about 11 years ago. A friend of mine told me that the laws have recently changed and a domestic battery would not prevent someone from obtaining a permit to carry, providing it was more than 10 years ago. Was wondering if this bit of information had any merit??

I don't know for sure if a domestic battery on your record would keep you from getting a Handgun License, but the only question like that on the application now is;

Have you ever been convicted of any
misdemeanor or felony violation, including DUI?

If you want to try to fill out the Indiana application online try here.

Application for Handgun License

 

[MP43]

I had a friend who years back had a battery and applied for a permit and it took him nearly 2 yrs after sending numerous letters and explanations of situation.Just when he was about to give up they sent it to him.