Ltch question

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  • bmmyers08

    Marksman
    Rating - 100%
    19   0   0
    Mar 20, 2011
    238
    18
    Danville
    So this is for the Leo’s and know it all’s on here. My friend would like to get her carry license. However she has a battery charge against her from 2002 that shows up when looking up her record. (She pulled some chick through a drive through window and beat her up) lol. Anyway she is concerned about spending he money on the application and then not getting approved.

    Any knowledge out out there that might know if that would stop her?

    Thanks
     

    bmmyers08

    Marksman
    Rating - 100%
    19   0   0
    Mar 20, 2011
    238
    18
    Danville
    Was it a misdemeanor simple battery? The only battery charges that I know of that would be disqualifiers are any felony level battery, or misdemeanor domestic battery.

    It just says battery. But basically when she was 18 she beat up a 17 year old. So it was almost a felony assault on a minor that got dropped to a misdemeanor due to only 1 year age difference.
     

    actaeon277

    Grandmaster
    Site Supporter
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    4   0   0
    Nov 20, 2011
    92,864
    113
    Merrillville
    REQUIREMENTS
    • Must be at least 18 years old.
    • Must be a citizen of the United States.
    • Must be resident of Indiana for lifetime license – (non-residents can get the 4 year license).
    • Is a proper person IC35-47-1-7
      “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 – Indiana Code 2015 (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
      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 persons 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.
     

    Mgderf

    Grandmaster
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    43   0   0
    May 30, 2009
    17,879
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    Lafayette
    If she does get denied, and I don't think she will, then her fees would be refunded.

    In Indiana being a "shall issue" state, she must be disqualified to be denied.
    Actaeon77 provided the quidelines.
    As long as your girlfriend has no felony "convictions", then she should be good to go.

    There is a good possibility that your local sheriff or police chief may say no, but that means nothing.
    The state police have the last say, and as I stated, they "shall issue", unless given a legal reason not to.
     

    fullmetaljesus

    Probably smoking a cigar.
    Rating - 100%
    6   0   0
    Jan 12, 2012
    5,850
    149
    Indy
    A person who finds it acceptable to pull a person out a window in which to kick her ass should not be strutting around with a gun on their person.

    Also in that list of requirements she seems like she would fail at point 6.
     

    Ziggidy

    Grandmaster
    Rating - 100%
    2   0   0
    May 7, 2018
    7,271
    113
    Ziggidyville
    I'm no lawyer, that being said.....she pulled someone through a "drive through window" just to beat her up. It was "almost" a felony charge against a minor, but since there was only 1 year difference, that felony charge was dropped.

    I personally do not care if she gets her carry or not. My concern is that people still laugh after 20 years. What should be a serious learning opportunity for her and others has apparently turned into joke! I quote, "But now almost 20 years later...what do u do other than laugh about it."

    There are some (many) life's lessons that should never become funny. That is one problem with society today, after time, people laugh at what should remain serious.

    Hey, remember that time I pulled that chick through the drive through window just to beat her up? Remember that, man was that ever funny! What was even cooler is that it was only a misdemeanor! Go figure! Boy, those were the days! HA-HA-HA

    BTW, I wonder if that victim is laughing today!
     
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