Indiana second chance law

[Indy60]

I know there must be threads somewhere on the forum explaining this but here is my question. I am arguing with a friend who was able to get his felony conviction expunged or hidden on his record. he now believes he can own a firearm, I disagree. The way I read the law your civil rights are restored except where the federal law on firearms is concerned. The prohibition on a convicted felon possessing a firearm is a federal law and the IN 2nd chance law is state, trumped by the federal statute. The other way I read the IN law is the record is only hidden but not expunged. Who is right in this case?

 

[Indy60]

I forgot to add, he believes he can own a HG and apply for a LTCH, that is why I posted in this section.

 

[Paul30]

I'm no lawyer so my opinion is worth less than you paid for it. If a state expunges a record and restores rights, then it is like it never happened in that state, and that would mean the Feds would also have to go by that. I know it is possible to get your RKBA restored after a felony, I have heard of many people doing it years later after they have lived long enough to prove they are a good boy now. I imagine it would be up to the judge in the particular county of the conviction.

Oh, You can always go back and edit your post and add lines ot if if you want to avoid a second post.

 

[9mmfan]

Perhaps one of our in house lawyers will put in an appearance. Paging Kirk..........

 

[Gunner72]

I have a friend that tried this and failed. Had a talk with Kirk about it also.
Tell your friend not to get caught with firearm or he will go to jail.
Governor pardon or going to court and get modification done. Gov. Pardon takes longer a way more expensive. I believe Kirk said about $5000.

 

[mrjarrell]

https://www.indianagunowners.com/forums/break-room/386815-indiana-expungement.html

 

[Kirk Freeman]

Indy, you are quite correct, he is still a prohibited person in the eyes of the feds.

In March and April of 2014 the Indiana State Police DID issue LTCHs based on expungements, however DOJ then sent them a letter and said that DOJ does not view Indiana's statute as a valid restoration under §921.

If a state expunges a record and restores rights, then it is like it never happened in that state, and that would mean the Feds would also have to go by that.

That may be true in other states. Indiana's problem is the look back provision. IPAC wanted the look back provision and this is why the feds say that it is not a valid restoration.

 

[Indy60]

Kirk, Thank you for sharing. I read the other thread where you have explained in detail. Guess his next step is to go to the Governor for a pardon if his gun rights mean that much to him.

 

[Kirk Freeman]

There are several routes he can go. He needs to talk to an attorney.

 

[MrSmitty]

I am not a lawyer, but I must concur with Kirk...talk to a lawyer. As an aside I had a friend who in his youth, was charged with possession of Maryjawanna, and had a felony conviction....20 years of being a good boy later he got a lawyer, and was able to get all his rights restored. He now owns full auto, and other interesting guns

 

[Indy60]

I appreciate all the good advice and insight here on the INGO forum. Yes, he had an attorney for the process, just got blindsided in the end with his assumption his 2nd amendment rights would be restored. And, as with other stories of a similar path to a D felony as a youth and a pillar of society since, not fair in his case. I truly believe because of his self redemption and station in life now, a pardon would not be out of the question. The stigma of possession for weed is not what it used to be and so many lives have been affected or ruined. What is a felony in this state is an up front legal business in others now. Certainly in this case, my friends success was not impeded or stopped due to the conviction, only his love for target shooting and the sport of competitive shooting. This is not over.

 

[Joniki]

Indy, you are quite correct, he is still a prohibited person in the eyes of the feds.

In March and April of 2014 the Indiana State Police DID issue LTCHs based on expungements, however DOJ then sent them a letter and said that DOJ does not view Indiana's statute as a valid restoration under §921.



That may be true in other states. Indiana's problem is the look back provision. IPAC wanted the look back provision and this is why the feds say that it is not a valid restoration.

Where do the people stand that had licenses issued in March and April of 2014? Who did the DOJ send letters to?

 

[Kirk Freeman]

Who did the DOJ send letters to?

Indiana State Police.

 

[Kirk Freeman]

just got blindsided in the end with his assumption his 2nd amendment rights would be restored.

I am astounded by this.

I have been teaching CLE for IPDC since before the new expungement statute became effective. At no time I have ever believed that Indiana's new expungement statute was a valid restoration under federal law, but not every attorney goes to my seminars, even if they are with IPDC.

 

[Indy60]

I am astounded by this.

I have been teaching CLE for IPDC since before the new expungement statute became effective. At no time I have ever believed that Indiana's new expungement statute was a valid restoration under federal law, but not every attorney goes to my seminars, even if they are with IPDC.

Kirk, in all fairness to my friends attorney, the attorney was never asked about firearms. My friend was only looking at the advancement of his professional career and that was his reason for seeking the expungement. The attorney was not aware of my friends desire for his 2nd amendment rights restoration. You are correct, if he were asked I am sure you both would be on the same page with the law, one would hope at least.

 

[Indy60]

Another point on the 2nd chance law. I believe the confusion started when the term expungement was associated with the law. That was the wrong terminology or definition of the purpose. This led people to believe this was a true expungement of a criminal record which it is not, only a public hiding.


Also, if you acquired a DOC number, I don't think that is going to go away from public view via: http://www.in.gov/apps/indcorrection/ofs/ofs If you know the offenders birthdate and whole name, pretty easy to fill in the blanks. The only thing you are lacking is the ability to cross reference the case number on Odyssey. http://mycase.in.gov/default.aspx