Question about Indiana LCH eligibility.

[AJLS]

For anyone who knows or has been through a similar circumstance, I have a question about my eligibility(or possible prohibition) for obtaining an Indiana LCH. I'm within my rights to own a gun, but the problem comes from past convictions.

2018- possession of marijuana/ paraphanelia (first is a class B misdemeanor, second is class A misdemeanor. Given promise to appear and plead guilty. Paid a fine.)
2019- possession of marijuana( class B misdemeanor. Arrested but bailed out. Went to court and did not plead. Was given a pretrial diversion term of 1 year no offenses)
No cases currently pending.

Did not enjoy being in the drunk tank at jail and got a good job offer that would require drug testing regularly, so I quit smoking shortly after being arrested. I haven't had any other charges since and those are the only charges on my record.
Do I have to have the misdemeanors expunged before trying to apply to carry, or just wait a certain amount of time? Or is it just a no-go if I have any drug arrests and/or convictions at all?

 

[Lpherr]

I believe only a felony prevents a LTCH.
I could be wrong though.

 

[AJLS]

I remember hearing that if you're a known drug abuser it's a no-go, but they aren't very specific on it. Not sure if they use the same "past-year" inferences that the NICS does when checking for a gun purchase. Or what constitutes a known drug abuser legally.

 

[Kirk Freeman]

It is in your best interest to consult an attorney.

Sec. 4. "Drug abuser" means an individual who has had two (2) or more violations of IC 35-48-1, IC 35-48-2, IC 35-48-3, or IC 35-48-4, any one (1) of which resulted in conviction by a court or treatment in a drug abuse facility within five (5) years prior to the date of application.

 

[Kirk Freeman]

I believe only a felony prevents a LTCH.
I could be wrong though.

No. There are several misdemeanors under Indiana law which can prohibit receiving a LTCH, including dope, OWI, and Resisting Law Enforcement.

 

[Kirk Freeman]

"Proper person" (to receive LTCH):

“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 (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 defined in this chapter;

(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 person's 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;

(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;  or

(14) is not currently designated as dangerous (as defined in IC 35-47-14-1 ) by a court following a hearing under IC 35-47-14-6

 

[Lpherr]

No. There are several misdemeanors under Indiana law which can prohibit receiving a LTCH.

I know about the domestic abuse( didn't apply in this situation), but since I don't have a record, and hope to keep it that way,
I'm not familiar with all the restrictions.
That's why we have the knowledgeable members, like yourself. To keep us out of trouble.
Thank you for offering your advice.

 

[Kirk Freeman]

Note that it need not be a specific misdemeanor. Let's use an example as I do in my CLE seminars:

Kirt Freeland is on unsupervised probation for Public Nudity. One of the terms of probation is no guns or knives.

Can Kirt have a LTCH?

Looking at paragraph 4, "(4) is not prohibited by a court order from possessing a handgun;" we see the term court order. A sentence, even if only for Public Nudity, is a court order so his LTCH application is denied until he gets "off paper".

 

[Kirk Freeman]

I know about the domestic abuse( didn't apply in this situation), but since I don't have a record, and hope to keep it that way,
I'm not familiar with all the restrictions.
That's why we have the knowledgeable members, like yourself. To keep us out of trouble.
Thank you for offering your advice.

Not advice. It is within your best interests to consult with an attorney licensed in Indiana.

 

[Lpherr]

It is in your best interest to consult an attorney.

Sec. 4. "Drug abuser" means an individual who has had two (2) or more violations of IC 35-48-1, IC 35-48-2, IC 35-48-3, or IC 35-48-4, any one (1) of which resulted in conviction by a court or treatment in a drug abuse facility within five (5) years prior to the date of application.

Not advice. It is within your best interests to consult with an attorney licensed in Indiana.

That was your advice.

 

[DoggyDaddy]

Note that it need not be a specific misdemeanor. Let's use an example as I do in my CLE seminars:

Kirt Freeland is on unsupervised probation for Public Nudity. One of the terms of probation is no guns or knives.

Can Kirt have a LTCH?

Looking at paragraph 4, "(4) is not prohibited by a court order from possessing a handgun;" we see the term court order. A sentence, even if only for Public Nudity, is a court order so his LTCH application is denied until he gets "off paper".

"The stories you are about to hear are true. The names have been changed to protect the innocent."

 

[Lpherr]

"The stories you are about to hear are true. The names have been changed to protect the innocent."

Is this what changed his career path?

 

[KellyinAvon]

I remember hearing that if you're a known drug abuser it's a no-go, but they aren't very specific on it. Not sure if they use the same "past-year" inferences that the NICS does when checking for a gun purchase. Or what constitutes a known drug abuser legally.

This is chapter and verse from Indiana Code for handgun licensing. I'm not a lawyer, the 2019 incident is beyond my capability to make a call on it.

We have some lawyer-types here on INGO who might chime in. Guy Relford's radio show starts in 40 minutes on 93.1 WIBC. I look for him to be taking calls.

Edit: looks like Kirk handled it, didn't even need to light up the lawyer signal.

IC 35-47-1-4"Drug abuser"

Sec. 4. "Drug abuser" means an individual who has had two (2) or more violations of IC 35-48-1, IC 35-48-2, IC 35-48-3, or IC 35-48-4, any one (1) of which resulted in conviction by a court or treatment in a drug abuse facility within five (5) years prior to the date of application.

As added by P.L.311-1983, SEC.32.

http://iga.in.gov/legislative/laws/2021/ic/titles/001

 

[Kirk Freeman]

"The stories you are about to hear are true. The names have been changed to protect the innocent."

As I testified, under oath in front of the jury, I thought there was a fire in the hotel and when I left the room to check the door shut behind me.

 

[dereedy]

For anyone who knows or has been through a similar circumstance, I have a question about my eligibility(or possible prohibition) for obtaining an Indiana LCH. I'm within my rights to own a gun, but the problem comes from past convictions.

2018- possession of marijuana/ paraphanelia (first is a class B misdemeanor, second is class A misdemeanor. Given promise to appear and plead guilty. Paid a fine.)
2019- possession of marijuana( class B misdemeanor. Arrested but bailed out. Went to court and did not plead. Was given a pretrial diversion term of 1 year no offenses)
No cases currently pending.

Did not enjoy being in the drunk tank at jail and got a good job offer that would require drug testing regularly, so I quit smoking shortly after being arrested. I haven't had any other charges since and those are the only charges on my record.
Do I have to have the misdemeanors expunged before trying to apply to carry, or just wait a certain amount of time? Or is it just a no-go if I have any drug arrests and/or convictions at all?

Sorry you had a couple of legal hiccups with the law in the past. If that's behind you that's really terrific -- congratulations.

I'm not a lawyer but I always thought that felonies are disqualifying (plus a serious mental health problems, or a misdemeanor crime of domestic violence, in other words about the same disqualifications for possessing a gun).

The best guide to the gun laws of all 50 states (and some territories) that I know of is here: https://handgunlaw.us/ If you click on Indiana you'll get more info and citations about our law that will help you dig more if you wish.

If you're really concerned about this I'm sure there are lawyers who would consult with you for a fee. If you have a good rapport with local law enforcement they might also be glad to chat with you if you wish. Maybe it's smart to simply apply for your permit. It may go through very smoothly. And if not you can consider getting a lawyer to help you with the appeals process at that point.

Once you get a permit you should be good-to-go for a lifetime.

Best wishes!

 

[Timjoebillybob]

It is in your best interest to consult an attorney.

Sec. 4. "Drug abuser" means an individual who has had two (2) or more violations of IC 35-48-1, IC 35-48-2, IC 35-48-3, or IC 35-48-4, any one (1) of which resulted in conviction by a court or treatment in a drug abuse facility within five (5) years prior to the date of application.

Does pretrial diversion count as a violation? IIRC I read that it does, but I'm being lazy and don't feel like perusing the code to verify. ETA How about a guilty plea that the judge "takes under advisement" or something like that, where if the defendant stays a good boy for a period of time the judge dismisses the charge?

 

[CTBay]

For anyone who knows or has been through a similar circumstance, I have a question about my eligibility(or possible prohibition) for obtaining an Indiana LCH. I'm within my rights to own a gun, but the problem comes from past convictions.

2018- possession of marijuana/ paraphanelia (first is a class B misdemeanor, second is class A misdemeanor. Given promise to appear and plead guilty. Paid a fine.)
2019- possession of marijuana( class B misdemeanor. Arrested but bailed out. Went to court and did not plead. Was given a pretrial diversion term of 1 year no offenses)
No cases currently pending.

Did not enjoy being in the drunk tank at jail and got a good job offer that would require drug testing regularly, so I quit smoking shortly after being arrested. I haven't had any other charges since and those are the only charges on my record.
Do I have to have the misdemeanors expunged before trying to apply to carry, or just wait a certain amount of time? Or is it just a no-go if I have any drug arrests and/or convictions at all?

Those convictions should not prevent you from owning or buying a firearm. It shouldn’t prevent you from getting a LTCH. The permit form however WILL ask you about misdemeanors. I would suggest you be honest. If you qualify they SHALL issue your permit. They don’t have a choice. They can probably deny you for lying about misdemeanors on the form.

I had felonies expunged. I had a misdemeanor that was lagging 30 days behind the felonies. I went to apply for LTCH and was surprised by the misdemeanor question. I stopped and waited 30 days for that last misdemeanor to disappear because I didn’t want to lie even if I thought the question shouldn’t matter.

Your misdemeanors are recent. You cannot have them expunged yet. I think its 5 years from end of last sentence. I had to wait 8. All fines and stuff must be paid as well. My local prosecutor let me have it a little early. You can get it earlier if prosecutor agrees but that’s unlikely.

Know that you’re local police department has a lot to do with the process. If they feel like you’re still using drugs or just simply don’t like you then you’re application might prompt them to go on a mission to disqualify you.

I wouldn’t seek an expungement if I were you. You only get one in your life. You may need it later. I would save it.

Indiana law actually only says “serious violent” felonies are disqualifying. It doesn’t disqualify most low level felonies. Thats why you see a lot of people caught with guns they shouldn’t have not being charged with having a gun they shouldn’t have. Its a mute point because federal law says all felonies. Feds just don’t take the cases I guess. Lots of the Indiana felonies have firearm enhancements though so they do kinda get charged for it but not as a crime in itself.

 

[Timjoebillybob]

Those convictions should not prevent you from owning or buying a firearm. It shouldn’t prevent you from getting a LTCH. The permit form however WILL ask you about misdemeanors. I would suggest you be honest. If you qualify they SHALL issue your permit. They don’t have a choice. They can probably deny you for lying about misdemeanors on the form.

If the pretrial diversion counts as a violation under the definition of "Drug abuser" it will prevent him from getting a LTCH.

Indiana law actually only says “serious violent” felonies are disqualifying. It doesn’t disqualify most low level felonies. Thats why you see a lot of people caught with guns they shouldn’t have not being charged with having a gun they shouldn’t have. Its a mute point because federal law says all felonies. Feds just don’t take the cases I guess. Lots of the Indiana felonies have firearm enhancements though so they do kinda get charged for it but not as a crime in itself.

That is the IC for felon in possession of a firearm, not for LTCH Under the definiton of "proper person" for the LTCH it includes all felonies.

 

[Redhorse]

What happens if you apply and get denied? I only ask because I was going to say apply and see what happens but I'm not sure uf pulling the trigger on that one is a great idea.

 

[CTBay]

If the pretrial diversion counts as a violation under the definition of "Drug abuser" it will prevent him from getting a LTCH.

That is the IC for felon in possession of a firearm, not for LTCH Under the definiton of "proper person" for the LTCH it includes all felonies.

Pretrial diversion is over. Fully diverted. I don’t think that will prevent the OP. As long as he is honest he might need a denial to find out where he stands. He can wait and apply again. You think that year of pretrial diversion on a weed misdemeanor disqualifies him forever?

Your right about that second part. My reply was a little long winded and rambling.

I figured they asked about misdemeanors because the domestic violence misdemeanor disqualification is hard to ascertain in many cases. Who it was against matters. They just made it far more convoluted with that crap. If its not domestic violence felony they should have left it. I really don’t think his weed misdemeanors are going to matter much.