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Be sure to read this post! Beware of scammers. https://www.indianagunowners.com/threads/classifieds-new-online-payment-guidelines-rules-paypal-venmo-zelle-etc.511734/
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EvilleDoug
Master
IANAL - I think I read in IC, or someplace else, that if an applicant for LTCH has been rejected, he can contact the 'Official' responsible for the denial and request the record be downgraded, basically for good behavior. Sorry, I can't give specific directions to this info, but it is out there.
Good Luck to whoever is having this problem.
Doug
Good Luck to whoever is having this problem.
Doug
96firephoenix
Master
IANAL, but I think if there's anyway to get your record expunged, you can get the firearm ownership restriction lifted
shibumiseeker
Grandmaster
You can petition the governor for restoration of your rights.
If you don't mind a comment from the non-lawyer portion of the peanut gallery.
If you don't mind a comment from the non-lawyer portion of the peanut gallery.
The Keymaster
Master
A "D" felony can be reduced to an "A" misdemeanor under certain circumstances. Once the felony has been reduced, you MAY be able to regain your status depending on what the original charge was.
IC 35-38-1-1.5
Converting Class D felony to Class A misdemeanor
Sec. 1.5. (a) A court may enter judgment of conviction as a Class D felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor within three (3) years if the person fulfills certain conditions. A court may enter a judgment of conviction as a Class D felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor only if the person pleads guilty to a Class D felony that qualifies for consideration as a Class A misdemeanor under IC 35-50-2-7, and the following conditions are met:
(1) The prosecuting attorney consents.
(2) The person agrees to the conditions set by the court.
(b) For a judgment of conviction to be entered under subsection (a), the court, the prosecuting attorney, and the person must all agree to the conditions set by the court under subsection (a).
(c) The court is not required to convert a judgment of conviction entered as a Class D felony to a Class A misdemeanor if, after a hearing, the court finds:
(1) the person has violated a condition set by the court under subsection (a); or
(2) the period that the conditions set by the court under subsection (a) are in effect expires before the person successfully completes each condition.
However, the court may not convert a judgment of conviction entered as a Class D felony to a Class A misdemeanor if the person commits a new offense before the conditions set by the court under subsection (a) expire.
(d) The court shall enter judgment of conviction as a Class A misdemeanor if the person fulfills the conditions set by the court under subsection (a).
(e) The entry of a judgment of conviction under this section does not affect the application of any statute requiring the suspension of a person's driving privileges.
(f) This section may not be construed to diminish or alter the rights of a victim (as defined in IC 35-40-4-8) in a sentencing proceeding under this chapter.
As added by P.L.98-2003, SEC.2.
IC 35-38-1-1.5
Converting Class D felony to Class A misdemeanor
Sec. 1.5. (a) A court may enter judgment of conviction as a Class D felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor within three (3) years if the person fulfills certain conditions. A court may enter a judgment of conviction as a Class D felony with the express provision that the conviction will be converted to a conviction as a Class A misdemeanor only if the person pleads guilty to a Class D felony that qualifies for consideration as a Class A misdemeanor under IC 35-50-2-7, and the following conditions are met:
(1) The prosecuting attorney consents.
(2) The person agrees to the conditions set by the court.
(b) For a judgment of conviction to be entered under subsection (a), the court, the prosecuting attorney, and the person must all agree to the conditions set by the court under subsection (a).
(c) The court is not required to convert a judgment of conviction entered as a Class D felony to a Class A misdemeanor if, after a hearing, the court finds:
(1) the person has violated a condition set by the court under subsection (a); or
(2) the period that the conditions set by the court under subsection (a) are in effect expires before the person successfully completes each condition.
However, the court may not convert a judgment of conviction entered as a Class D felony to a Class A misdemeanor if the person commits a new offense before the conditions set by the court under subsection (a) expire.
(d) The court shall enter judgment of conviction as a Class A misdemeanor if the person fulfills the conditions set by the court under subsection (a).
(e) The entry of a judgment of conviction under this section does not affect the application of any statute requiring the suspension of a person's driving privileges.
(f) This section may not be construed to diminish or alter the rights of a victim (as defined in IC 35-40-4-8) in a sentencing proceeding under this chapter.
As added by P.L.98-2003, SEC.2.
My brother did this with the help of a lawyer. BUT he also has to "maintain" his self as a "proper person" for 7 years after his incident before the restriction will be lifted. His was a D.V. with many variables coming into play.
Kirk Freeman
Grandmaster
Yes, there are several ways:
1. Appeal the conviction (if available).
2. Post conviction relief petition.
3. Pardon from the Governor of Indiana.
4. Sentence modification (if available and subject to the time limit and potential prosecutorial veto).
1. Appeal the conviction (if available).
2. Post conviction relief petition.
3. Pardon from the Governor of Indiana.
4. Sentence modification (if available and subject to the time limit and potential prosecutorial veto).
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libertybear
Sharpshooter
What he said ^^^
Interesting...
....WOW Interesting... more like scary... I want more info on that!
96firephoenix
Master
not too sure how I feel about that...
musclecarr
Shooter
My Grandpa tried to blow a guy's head off but missed and shot him in the neck. Originally got 20 years for attempted murder, down graded to assault, did 3 1/2 years in Michigan City in the 60's, in the early 80's he got a lawyer and finally got a permit to carry in Indiana. He died at the age of 96 in 2005. So I know it can happen.
