Concealed carry Q's

[The Gavman]

Hi everyone first post. Look forward to talking with you all.


Recently I was involved in some shenanigans in Broad Ripple, Me along with a friend witnessed a guy choking his girlfriend in an alley by alley cat. My friend and I stepped in and restrained the guy from the girl and a fist fight ensued I was the DD so I was not intoxicated. Since the cops didn't see the event take place and the girl refused to press charges I was arrested for disorderly conduct. I have never before in my life been in any kind of trouble. My lawyer said I will get off but the arrest will still stick but the court date is in May so who knows. I was wondering if this would cause any problems in applying for a concealed carry permit. I have since then purchased a hand gun no problem but didn't know if this event could cause my app to be denied any help would be appreciated thanks-Gavin

 

[ATM]

Welcome.

Shouldn't have any impact on applying for an Indiana License To Carry Handgun (LTCH doesn't specify method of carry - some other states issue only concealed carry permits).

Sorry to hear about your ordeal after trying to do the right thing.

 

[iamaclone45]

While it sucks that you got into trouble for trying to do the right thing, a lot of people here will agree the best course of action is to just stay out of other people's problems.

 

[The Gavman]

Trust me lesson learned, little did I know the cops were right around the corner. The arresting officer put in the report that it appeared to be a "good samaritan act" but according to my lawyer its not enough to have the arrest removed from my record which sucks when it comes time to get an internship because who is gonna believe my bs story right?

 

[grimor]

Trust me lesson learned, little did I know the cops were right around the corner. The arresting officer put in the report that it appeared to be a "good samaritan act" but according to my lawyer its not enough to have the arrest removed from my record which sucks when it comes time to get an internship because who is gonna believe my bs story right?

If you get off on the charge you can have the arrest record expunged.

 

[The Gavman]

Is that going to cost me $ and if so how much, my lawyer said it was "next to impossible" to do but he was just a paralegal now I have a real lawyer but have discussed the particulars with him yet. If I could get the arrest removed that would make my day. I am not a very confrontational person so this is just very stressful for me.

 

[GPD177]

I dont see where it should be an issue if you are not found guilty. Innocent before proven guilty, being proven in a court of law. An arrest is juts an accusation, so to speak, that you may have done something. It takes the conviction to = guilty of said thing.

 

[chocktaw2]

Sorry to here about your situation. I have to agree with Imaclone45

 

[rockhopper46038]

The arrest in and of itself shouldn't mean much...any application you put in for a job is not going to ask if you have ever been arrested, just convicted. You answer "no" to those queries, assuming charges get dropped, or you are found not guilty.

 

[wtfd661]

I'm sorry to hear you were arrested but if it was me I would take the D.C. on my record and know that what I did was right and saved a woman (even if she later didn't want it) from being beat worse or possibly killed.

Good for you for standing up and stopping that POS from hurting her further.

 

[The Gavman]

I told the judge in the first hearing that if I was in the same situation again I don't think I could just watch and do nothing, but she (the judge) seemed unmoved by my speech. What gets me most is the "Other defendant" has 8 priors including domestic battery so I don't know why this is getting drug out so long I just want it over with. But back on topic If I were to apply for a cc permit and or Utah permit and get denied am I doomed to never be able to carry? Also will I get at least a partial refund if I do get denied?

 

[ATM]

Unless the disorderly conduct charge somehow nets you a felony conviction, it's still not a reason to be denied.

 

[tobi]

You did the right thing - I wish there were more people like you. Good luck in you unfortunate situation

 

[ddenny5]

I do not know if Indiana has good samaritan laws or not but it is a shame that being a good samaritan will get one sued and arrested. Now if you had walked away and the girl been killed the police would be mad and wondered why you did not help.

 

[GuyRelford]

Generally, only convictions for certain offenses (domestic violence, resisting law enforcement, felonies, etc.) disqualify you from receiving a LTCH under Indiana law. However, you should be aware of Ind. Code 35-47-1-7(6), which requires that the applicant "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."

Assuming that your charges are dismissed or you win at trial, I wouldn't think that an arrest alone would cause any problems with your LTCH application under this subsection - but I know of other folks who have had their applications denied because of this general catch-all in the law - one because of multiple battery arrests.

Along those lines, it sounds like you have a strong case, since Indiana's law of self defense applies to the defense of third persons:

"IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force."

The key to self defense in this context, however, is that you can't be commtting a crime, you can't provoke the actions of the other person, and you can't be the "initial aggressor," or you lose your right to self defense (and the ability to defend a third person).

 

[sj kahr k40]

I have a few arrest on my record but no convictions, had no problems getting my LTCH renewed, you shouldn't have any problems either

 

[Frank_N_Stein]

Now if you had walked away and the girl been killed the police would be mad and wondered why you did not help.

In reality so few people in Indy step in to help when something needs to be done that it doesn't make us mad because we have learned to expect it. When someone actually does help it surprises us.

 

[Frank_N_Stein]

Since the cops didn't see the event take place and the girl refused to press charges I was arrested for disorderly conduct.

So the officers didn't actually see you involved in fisticuffs with the other guy? Your lawyer needs to bring up the fact that Disorderly Conduct is not one of the misdemeanor exceptions so you shouldn't have been arrested for it if it wasn't witnessed by the officers. I'm curious as to why you were only charged with DOC.

 

[E5RANGER375]

I told the judge in the first hearing that if I was in the same situation again I don't think I could just watch and do nothing, but she (the judge) seemed unmoved by my speech. What gets me most is the "Other defendant" has 8 priors including domestic battery so I don't know why this is getting drug out so long I just want it over with. But back on topic If I were to apply for a cc permit and or Utah permit and get denied am I doomed to never be able to carry? Also will I get at least a partial refund if I do get denied?

I think you did a good job!! I would have helped too if in that situation. today too many people just ho hum around with their daily lives and dont wanna get involved no matter what they see. some people arent even willing to call 911.
I dont know what man thinks he can call himself a man, if he seen a woman getting beat and just walked away and didnt step in. thats called a ***** where i come from.
dont put too much stake in what some judge says. most of them are elitist. keep fighting this and dont plea or admit to any guilt. you did the right thing. keep telling the judge that! ****em!

 

[pig957]

No good deed ever goes unpunished