ltch and past misdemeanor history

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  • devious169

    Sharpshooter
    Rating - 0%
    0   0   0
    Nov 22, 2011
    364
    18
    Earth and you?
    I'm thinking about trying to get my latch. I had a owi three years ago and a Dui in another state 10 years ago I'm curious if any ingo members have been in the same situation as myself? Any info on getting the ltch would be handy. Thanks.:patriot:
     

    chezuki

    Human
    Rating - 100%
    48   0   0
    Mar 18, 2009
    34,158
    113
    Behind Bars
    I.C. said:
    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.
    You may be on the fence of "Proper Person" as defined by I.C.

    I.C. said:
    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 35-44.1-3-1 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 35-31.5-2-78), 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;
    (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;
    (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;
    (11) has not been involuntarily committed, other than a temporary commitment for observation or evaluation, to a mental institution by a court, board, commission, or other lawful authority;
    (12) has not been the subject of a:
    (A) ninety (90) day commitment as a result of proceeding under IC 12-26-6; or
    (B) regular commitment under IC 12-26-7; or
    (13) has not been found by a court to be mentally incompetent, including being found:
    (A) not guilty by reason of insanity;
    (B) guilty but mentally ill; or
    (C) incompetent to stand trial.
    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; P.L.127-2011, SEC.3; P.L.114-2012, SEC.139; P.L.126-2012, SEC.57.
    Be sure to disclose everything on the app. If you don't, it won't matter what it is. They can deny you.
     

    devious169

    Sharpshooter
    Rating - 0%
    0   0   0
    Nov 22, 2011
    364
    18
    Earth and you?
    My concern is paying to have all the forms and prints done then waiting 6-8 weeks ( if I'm lucky) to get the yea/nea from the state police. Worst case scenerio I lose some money and time anticipating.
     

    CitiusFortius

    Expert
    Rating - 100%
    1   0   0
    Aug 13, 2012
    1,353
    48
    NWI
    I'm thinking about trying to get my latch. I had a owi three years ago and a Dui in another state 10 years ago I'm curious if any ingo members have been in the same situation as myself? Any info on getting the ltch would be handy. Thanks.:patriot:

    Not sure about the legal, but you get your drinking under control? Caught two times, 7 years apart, only 3 since the last one? If not, maybe you shouldn't be carrying a gun?

    If you don't have the good sense to call a cab I'm not sure I'd want you next to me with +1 in a Glock if you know what I mean....
     

    EXLINE

    Marksman
    Rating - 100%
    2   0   0
    Oct 9, 2011
    162
    18
    Hendricks Co.
    You will be okay, It took me 3 months to get mine and I did the online way last summer when my 4 yr was up for renewal. Just make sure you get the lifetime. Also if you would like you can get on in.gov/isp and pay for a background check and it will show what is on your record. Honestly it is good for anyone who has ever got into any trouble because they screw up a lot. They had my record all jacked up over a couple pot charges when I was 18(yeah wasn't a very good pothead, had to quit couldn't afford the trouble) and I was okay and honestly they could of got me as not a "proper person" but it had been like 8 yrs ago.
     
    Last edited:

    Slawburger

    Master
    Rating - 100%
    2   0   0
    Mar 26, 2012
    3,041
    48
    Almost Southern IN
    There can be a large difference between "date of offense" and "date of conviction". If it has been over 3 years since date of conviction then it should be okay if disclosed. As mentioned above, it might be a good idea to check your official record.
    IANAL
     

    Beemer

    Sharpshooter
    Rating - 100%
    3   0   0
    Mar 27, 2011
    629
    18
    Bloomington
    I know that having one OWI does not impact it, from personal experience. The second one I am not so sure about. After my OWI, 20 years ago, I decided not to drive with more than one beer in my system. I have stuck with that and have been very happy. A cab is way to easy to call compared to screwing around with the legal system! Not trying to preach, just my personal choice.
    First and foremost, be honest, there would be much more hell to pay if they catch you in a lie.
     

    scubafreak

    Plinker
    Rating - 0%
    0   0   0
    Dec 10, 2012
    1
    1
    Expect LONG wait times if any convictions, I applied for mine in Nov. of 2012 and still do not have it. My conviction was in 89, non violent and non felony, but an arrest never the less. I called IN state police and they told me if I had an arrest ever, the wait time would be indefinite.:bash:
     
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