Need advice: ISP suspended LTCH Notice and hearing.....

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  • tonybia

    Marksman
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    7   1   1
    Apr 24, 2013
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    Hey guys I'm needing some advice, information or informative opinions on a situation I am in. Back a few months ago I was wrongly charged with a Felony (non-gun related) that has since been dropped. I received a letter from the ISP that my license has been suspended. The court has a hearing scheduled next month on a day that I am not able to get off work. So can I ask for a rescheduled hearing? I live over 2.5 hours away from Indy btw. Is it possible to write the court and ask for the suspension to be dropped since there is no reason that I would be ineligible for the permit? Has anyone ever gone before the judge? How was your experience? If you don't feel like sharing in public please feel free to message if you are more comfortable with that. Thanks for all the help!!!
     

    TheSpark

    Expert
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    Jun 26, 2013
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    Hey guys I'm needing some advice, information or informative opinions on a situation I am in. Back a few months ago I was wrongly charged with a Felony (non-gun related) that has since been dropped. I received a letter from the ISP that my license has been suspended. The court has a hearing scheduled next month on a day that I am not able to get off work. So can I ask for a rescheduled hearing? I live over 2.5 hours away from Indy btw. Is it possible to write the court and ask for the suspension to be dropped since there is no reason that I would be ineligible for the permit? Has anyone ever gone before the judge? How was your experience? If you don't feel like sharing in public please feel free to message if you are more comfortable with that. Thanks for all the help!!!

    I would first call the ISP and ask them if this can be handled without a hearing since the charges were dropped. If they were dropped then they no longer have a reason to suspend your license and should immediately reinstate it as you would be qualified and Indiana is a shall issue state so they have to honor that. Beyond that I would either try to make the hearing or contact a lawyer.
     

    GodFearinGunTotin

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    1   0   0
    Mar 22, 2011
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    Mitchell
    Get a lawyer.

    FWIW, this is what I think I'd do first. How much help you'll need from them, I don't know but it would be worth a few bucks to at least consult with one that is familiar with Indiana's LTCH laws. There are a couple here on INGO that would be my first choices.
     

    CathyInBlue

    Grandmaster
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    Send a certified letter to Lt. Wood, ISP Firearms Div. Include any and all information about your case you have, arresting officers (agency, name, badge nos.), prosecuting attorneys (name, contact info), case/cause numbers, and if the charges were dispensed with by a judge, his name and contact info. Inform him of the fact that the charges were dropped and give him all of the information he could possibly need to confirm that for himself. Request that the LTCH hearing be cancelled and your LTCH be reinstated. Inform him that if the hearing is not cancelled with the prompt reinstatement of your LTCH, you are requesting a continuance to another date to give you time to retain an attorney. Give him any any and all information on what dates and times you will be available for him to schedule that hearing appropriately.

    And then, of course, as mentioned, get an LTCH savvy attorney.
     

    tonybia

    Marksman
    Rating - 88.9%
    7   1   1
    Apr 24, 2013
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    Thanks everyone for your opinions and advice!!! At this point I am going to try to contact them myself and see if they are willing to reinstate my license, then if not I will see what a specialized attorney has to say. Thanks so much and I will update this thread as things unfold or resolve so it may help others too.
     

    STEEL CORE

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    Oct 29, 2008
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    Fishers
    I agree with Spark, first call ISP and ask them for info, since this cannot be the first time this situation has happened to someone. Proceed from there.
     

    IndyGunSafety

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    Mar 11, 2009
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    Fishers, IN
    Get an attorney! Just because charges were dropped does not mean the arresting agency cannot go forward with a complaint that you are not a proper person. These complaints may be filed without criminal charge, and as we have seen before, may be used when "they" can't get you on anything else. You don't have to break the law to lose your LTCH. :twocents:
     

    remauto1187

    Shooter
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    1   0   0
    Aug 25, 2012
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    Stepping Stone
    Thanks everyone for your opinions and advice!!! At this point I am going to try to contact them myself and see if they are willing to reinstate my license, then if not I will see what a specialized attorney has to say. Thanks so much and I will update this thread as things unfold or resolve so it may help others too.

    Just remember....If it aint in writing it never was said or didnt happen!
     
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