LTCH Application Double Jeopardy?

[Steelman]

I just spoke with the State Police Firearms desk and found that my L1 application for lifetime LTCH is still pending from 9/7/12. They are just now processing applications made in August for *certain* applicants.

It turns out that if you've ever been arrested (not convicted) for any offense - your application goes into a pile for "further investigation".

This may be old news, but I find it odd that those without a conviction and those with a conviction are in the same set of circumstances.

My current LTCH has expired, but application was made in time to allow for the current license+receipt for application to cover my backside.

 

[Kirk Freeman]

This may be old news, but I find it odd that those without a conviction and those with a conviction are in the same set of circumstances.

Re-reading Indiana Code 35-47-2-3(g)(5) may answer your question(s). There are other provisions which do not require a conviction.

 

[Steelman]

Re-reading Indiana Code 35-47-2-3(g)(5) may answer your question(s). There are other provisions which do not require a conviction.

My arrest was a not a felony or domestic battery - no conviction. The arrest occurred before the SP issued two 4-year LTCH to me.



ETA:

If you've been arrested for any offense - you're delayed. Regardless of severity. Regardless of conviction.

 

[chezuki]

I have 2 "young and stupid" arrests, both times charges were dropped after completing deferral programs. Neither prevented me from getting my 4 year LTCH in 2008. Like the OP, I went the L1 route for my lifetime renewal, and I have been waiting since 9/18.

 

[chezuki]

My arrest was a not a felony or domestic battery - no conviction. The arrest occurred before the SP issued two 4-year LTCH to me.



ETA:

If you've been arrested for any offense - you're delayed. Regardless of severity. Regardless of conviction.

At least we'll never have to wait again!

 

[daddymikey1975]

almost 3 months processing time w/ an arrest record regardless of conviction or charges. They must exercise due dilligence.

Gonna suck when I renew my 4 year to a lifetime, but I got a few years so I'll stick it out till then

 

[chezuki]

almost 3 months processing time w/ an arrest record regardless of conviction or charges. They must exercise due dilligence.

Gonna suck when I renew my 4 year to a lifetime, but I got a few years so I'll stick it out till then

Didn't you hear? The lifetime license is going away…

 

[red_zr24x4]

I've had a LTCH since 1990, was arrested in about 2002, charges dropped. After the arrest no issues getting the 4 year LTCH. I got my Lifetime LTCH about 3 years ago and I had it back in 7 Days.

 

[TJSaltdog]

I was charged and found guilty of a "C" felony. If I did everything that the court told me to do then it would be dropped to an "A" misdemeanor. This was back in 1993. I did everything and it was dropped to the lesser charge. If you pull up my court records it will show the charge of a "C" felony, but if you read the docket it will tell you that the charge was dropped to the "A" misdemeanor. This concearned me when I was applying for my LTCH. So I called the State police and they told me that they read all court dockets. Next thing I know I got my LTCH in the mail about 6-8 weeks later. They said the original charge will always be the first one anyone sees. You must read the docket to get the final charge.

 

[daddymikey1975]

I was charged and found guilty of a "C" felony. If I did everything that the court told me to do then it would be dropped to an "A" misdemeanor. This was back in 1993. I did everything and it was dropped to the lesser charge. If you pull up my court records it will show the charge of a "C" felony, but if you read the docket it will tell you that the charge was dropped to the "A" misdemeanor. This concearned me when I was applying for my LTCH. So I called the State police and they told me that they read all court dockets. Next thing I know I got my LTCH in the mail about 6-8 weeks later. They said the original charge will always be the first one anyone sees. You must read the docket to get the final charge.

I sent the paperwork to the State police to amend my crininal record. Mine was originally a "D" felony supposed to drop to an "a" misdemeanor. Court records showed the same, however, my criminal history only showed the felony and I was not a proper person pursuant to NICS. After having my state history amended, I forwarded the info to the FBI and asked for a UPIN for more speedy firearms transactions.

 

[chezuki]

I just spoke with the State Police Firearms desk and found that my L1 application for lifetime LTCH is still pending from 9/7/12. They are just now processing applications made in August for *certain* applicants.

It turns out that if you've ever been arrested (not convicted) for any offense - your application goes into a pile for "further investigation".

This may be old news, but I find it odd that those without a conviction and those with a conviction are in the same set of circumstances.

My current LTCH has expired, but application was made in time to allow for the current license+receipt for application to cover my backside.

I called today and confirmed this as well. My application was submitted 9/17 and entered the ISP system on 9/18. The woman who took my call brought up my application in the system and said that it would take longer because I had an arrest. She said that this happens now with ANY arrest history and even stated that my charges would NOT prevent my application from being approved. She said if I don't receive it in the next week or two to call back.

 

[GuyRelford]

ISP will look at any arrest in the context of section 6 of the act, which only requires "documented evidence of a propensity for violent or emotionally unstable conduct," not necessarily a conviction. A misdemeanor arrest (or arrests) can absolutely constitute such "documented evidence" that can result in a denial or suspension.

Guy

 

[CitiusFortius]

The most experience I've had with the law was a ticket for a fender bender when I was a teenager 12 years ago.

Still took me about 3 months to get my lifetime. That was a few years ago, maybe they've streamlined and become more efficient since then but patience is key when waiting on the government.

 

[Steelman]

ISP will look at any arrest in the context of section 6 of the act, which only requires "documented evidence of a propensity for violent or emotionally unstable conduct," not necessarily a conviction. A misdemeanor arrest (or arrests) can absolutely constitute such "documented evidence" that can result in a denial or suspension.

Guy

For a first time applicant or an arrest more recent than the previous application, that's makes a great deal of sense. When the SP delays a renewal for a stale arrest, I scratch my head.

 

[GuyRelford]

For a first time applicant or an arrest more recent than the previous application, that's makes a great deal of sense. When the SP delays a renewal for a stale arrest, I scratch my head.

That's a very good point. I have a couple hearings scheduled down there in the next few weeks and I'll ask about the apparent policy change.

Guy