LTCH in Anderson, Indiana.....

[Noble Sniper]

I’m hearing that the Anderson Police Department is not taking and running permit applications until at least July 1st. Now I’m not a law professor but that blatantly fails the rights of people. I’m hearing that our mayor put the PC on notice not to do these..... has anyone else heard anything about this??

 

[churchmouse]

Vote the Mayor "OUT"

 

[Noble Sniper]

I never voted the turd in..... I think I’m going to contact a former mayor here who is a republican and see if he is gonna run again..... and if he does be more than just a vote for his election. He was a good mayor and wasn’t an idiot like this liberal clown.

 

[Tactically Fat]

Contact Guy Relford with this information. He's been sending out letters letting them know of the error of their ways.
The Law Offices of Guy A. Relford

 

[Noble Sniper]

I’m passing it along

 

[KellyinAvon]

From The 2A Project

https://the2aproject.com/f/t2ap-and-rep-jim-lucas-address-ltch-application-stoppages

March 16, 2020
Hon. Eric J. Holcomb
Governor of Indiana
Indiana Statehouse
Indianapolis, IN 46204-2797

Re: Indiana Handgun Licensing
Dear Governor Holcomb:
I am writing regarding events that I see as a direct violation of the Constitutional rights of law-abiding Hoosiers. As you may know, several law enforcement agencies across the State of Indiana have publicly announced that they have ceased processing applications for the Indiana License to Carry Handgun (“LTCH”). In my view, this is directly contrary to the clear requirements of the Indiana Constitution as set forth in Art. I, §32: “The people shall have the right to bear arms for the defense of themselves and the State” as well as local law enforcement officials’ statutory role in the licensing process as set forth in Ind. Code §35-47-2-3, et seq. In this context, it is noteworthy that the Indiana Court of Appeals has expressly recognized the “essential nature of the constitutional guarantee” of Art. I, §32, stating that the arbitrary denial of a license to an applicant “would supplant a right with a mere administrative privilege.” Schubert v. DeBard, 398 N.E.2d 1339, 1341 (Ind. Ct. App. 1980).
It also seems clear that a local law enforcement agency’s unilateral decision to institute a policy to deny the citizens in their jurisdiction the ability to apply for and successfully obtain a LTCH in order to lawfully carry a handgun – for any appreciable amount of time – violates the provisions of Ind. Code §35-47-11.1-2 (often referred to as the “Indiana Firearms Preemption Act”), which prohibits Indiana political subdivisions from regulating firearms (including the carrying of firearms), subjecting their county or municipality to substantial liability.
I understand and empathize with any law enforcement department’s decision to safeguard its officers and employees during the current concerns over exposure to the COVID-19 virus. However, I believe that there is a solution to this issue that allows both the protection of Hoosiers’ essential Constitutional rights, is consistent with Indiana law and also allows local law enforcement officers to protect themselves and the public during the current public health concerns. In this regard, the Indiana Supreme Court has ruled that the Superintendent of the Indiana State Police “has no discretion to withhold the license” from an applicant once it is determined that the applicant is a “proper person” as now defined in Ind. Code §35-47-1-7. See Matthews v. State, 237 Ind. 677, 148 N.E.2d 334, 337 (Ind. 1958); Schubert v. DeBard, supra, 398 N.E.2d at 1341. Further, the Indiana State Police have the full capacity to examine a person’s criminal history and other pertinent information as contained in the central databases maintained by the National Crime Information Center (“NCIC”) and National Instant Criminal Background Check System (“NICS”) – both maintained by the Federal Bureau of Investigation – as well as the Indiana Data and Communications System (IDACS) maintained here in Indiana. Through this information, the Superintendent of ISP may independently determine through electronic means only if an applicant is a “proper person” to obtain a LTCH and issue the license immediately upon that determination.
Based on the above, I urge you to issue an immediate Executive Order stating that if any local law enforcement agency has halted or delayed processing applications for a LTCH, that agency has waived the fee required in Ind. Code §35-47-2-3 and upon notice to the Superintendent of the Indiana State Police that a person’s application is not being processed by his local law enforcement agency, the Superintendent shall issue a LTCH to that applicant upon the Superintendent’s sole determination that the applicant is a “proper person” as defined in Ind. Code §25-47-1-7. This process should continue until a later Executive Order is issued from your office to revoke it.
Of course, this entire situation dramatically highlights the critical need to repeal entirely the current requirement of a license for Indiana residents to exercise a fundamental Constitutional right. The fact that such a right may be suspended, interrupted or delayed based on the unilateral decision of a local law enforcement official – despite a perceived legitimate reason for doing so – directly supports my advocacy for a bill that will allow Indiana to join the rising number of states that have adopted “Constitutional Carry” during the next legislative session. As you know, Constitutional Carry simply recognizes that Americans should not have to be granted permission from their government to exercise a right that they have already been guaranteed by their state and federal Constitutions.
Thank you for your consideration of this important issue.
Sincerely,


Jim Lucas
State Representative
District 69"