Question about LTCH

[jdude]

I have a friend that said he wanted to get a handgun and his LTCH. I know he has had some issues in the past so i asked him if he has had any felony's, he said no but did have a battery charge about 15 years ago. Would this be a reason to be denied? He also has had a couple of DUI's years ago but has not had a drop to drink in 7 years. I told him i was not sure if he would be able to get it but suggested he apply and see what happens. What are his chances of getting approved?

 

[Bill of Rights]

It will depend on the circumstances of his case(s). Whatever the status of them, he needs to make sure he reports ALL legal interactions.

He might even go down to the local PD and ask them to run a criminal history on him so he doesn't accidentally omit anything. (I've read of people who didn't report something from years earlier, claiming they forgot about it... They were denied and if they got their LTCHs subsequently, it was likely only after an appeal process. Much better to be sure to report everything.)

Good luck!

Blessings,
Bill

 

[TaunTaun]

IC 35-47-2-1
Carrying a handgun without a license or by person convicted of domestic battery Sec. 1. (a) Except as provided in subsections (b) and (c) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body without being licensed under this chapter to carry a handgun.
(b) Except as provided in subsection (c), a person may carry a handgun without being licensed under this chapter to carry a handgun if:
(1) the person carries the handgun on or about the person's body in or on property that is owned, leased, rented, or otherwise legally controlled by the person;
(2) the person carries the handgun on or about the person's body while lawfully present in or on property that is owned, leased, rented, or otherwise legally controlled by another person, if the person:
(A) has the consent of the owner, renter, lessor, or person who legally controls the property to have the handgun on the premises;
(B) is attending a firearms related event on the property, including a gun show, firearms expo, gun owner's club or convention, hunting club, shooting club, or training course; or
(C) the person is on the property to receive firearms related services, including the repair, maintenance, or modification of a firearm;
(3) the person carries the handgun in a vehicle that is owned, leased, rented, or otherwise legally controlled by the person, if the handgun is:
(A) unloaded;
(B) not readily accessible; and
(C) secured in a case;
(4) the person carries the handgun while lawfully present in a vehicle that is owned, leased, rented, or otherwise legally controlled by another person, if the handgun is:
(A) unloaded;
(B) not readily accessible; and
(C) secured in a case; or
(5) the person carries the handgun:
(A) at a shooting range (as defined in IC 14-22-31.5-3);
(B) while attending a firearms instructional course; or
(C) while engaged in a legal hunting activity.

(c) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun.


(d) This section may be not construed:
(1) to prohibit a person who owns, leases, rents, or otherwise legally controls private property from regulating or prohibiting the possession of firearms on the private property;
(2) to allow a person to adopt or enforce an ordinance, resolution, policy, or rule that:
(A) prohibits; or
(B) has the effect of prohibiting;
an employee of the person from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle, unless the person's adoption or enforcement of the ordinance, resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
(3) to allow a person to adopt or enforce a law, statute, ordinance, resolution, policy, or rule that allows a person to possess or transport a firearm or ammunition if the person is prohibited from possessing or transporting the firearm or ammunition by state or federal law.


IC 35-47-2-2
Excepted persons
Sec. 2. Section 1 of this chapter does not apply to:
(1) marshals;
(2) sheriffs;
(3) the commissioner of the department of correction or persons authorized by the commissioner in writing to carry firearms;
(4) judicial officers;
(5) law enforcement officers;
(6) members of the armed forces of the United States or of the national guard or organized reserves while they are on duty;
(7) regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state who are at or are going to or from their place of assembly or target practice;
(8) employees of the United States duly authorized to carry handguns;
(9) employees of express companies when engaged in company business; or
(10) any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in the person’s possession, using, or carrying a handgun in the usual or ordinary course of that business.

 

[jetmechG550]

IC 35-47-2-1
Carrying a handgun without a license or by person convicted of domestic battery Sec. 1. (a) Except as provided in subsections (b) and (c) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body without being licensed under this chapter to carry a handgun.
(b) Except as provided in subsection (c), a person may carry a handgun without being licensed under this chapter to carry a handgun if:
(1) the person carries the handgun on or about the person's body in or on property that is owned, leased, rented, or otherwise legally controlled by the person;
(2) the person carries the handgun on or about the person's body while lawfully present in or on property that is owned, leased, rented, or otherwise legally controlled by another person, if the person:
(A) has the consent of the owner, renter, lessor, or person who legally controls the property to have the handgun on the premises;
(B) is attending a firearms related event on the property, including a gun show, firearms expo, gun owner's club or convention, hunting club, shooting club, or training course; or
(C) the person is on the property to receive firearms related services, including the repair, maintenance, or modification of a firearm;
(3) the person carries the handgun in a vehicle that is owned, leased, rented, or otherwise legally controlled by the person, if the handgun is:
(A) unloaded;
(B) not readily accessible; and
(C) secured in a case;
(4) the person carries the handgun while lawfully present in a vehicle that is owned, leased, rented, or otherwise legally controlled by another person, if the handgun is:
(A) unloaded;
(B) not readily accessible; and
(C) secured in a case; or
(5) the person carries the handgun:
(A) at a shooting range (as defined in IC 14-22-31.5-3);
(B) while attending a firearms instructional course; or
(C) while engaged in a legal hunting activity.

(c) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun.


(d) This section may be not construed:
(1) to prohibit a person who owns, leases, rents, or otherwise legally controls private property from regulating or prohibiting the possession of firearms on the private property;
(2) to allow a person to adopt or enforce an ordinance, resolution, policy, or rule that:
(A) prohibits; or
(B) has the effect of prohibiting;
an employee of the person from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle, unless the person's adoption or enforcement of the ordinance, resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
(3) to allow a person to adopt or enforce a law, statute, ordinance, resolution, policy, or rule that allows a person to possess or transport a firearm or ammunition if the person is prohibited from possessing or transporting the firearm or ammunition by state or federal law.


IC 35-47-2-2
Excepted persons
Sec. 2. Section 1 of this chapter does not apply to:
(1) marshals;
(2) sheriffs;
(3) the commissioner of the department of correction or persons authorized by the commissioner in writing to carry firearms;
(4) judicial officers;
(5) law enforcement officers;
(6) members of the armed forces of the United States or of the national guard or organized reserves while they are on duty;
(7) regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state who are at or are going to or from their place of assembly or target practice;
(8) employees of the United States duly authorized to carry handguns;
(9) employees of express companies when engaged in company business; or
(10) any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in the person’s possession, using, or carrying a handgun in the usual or ordinary course of that business.

That's for a Domestic not a simple battery. OP's friend or how he mentioned it was just a simple battery as it sounds which could just be a fight. OP, you may want to suggest to your friend that he see a lawyer and go about the process of having his record expunged if it's been that long, then it's like it never happened. I think the DUI's are like herpe's though, they will always be there. Hell I think Dick Chaney mentioned in his book that he had 2 or 3 and even though they were years prior, he always put them down.

 

[jdude]

That's for a Domestic not a simple battery. OP's friend or how he mentioned it was just a simple battery as it sounds which could just be a fight. OP, you may want to suggest to your friend that he see a lawyer and go about the process of having his record expunged if it's been that long, then it's like it never happened. I think the DUI's are like herpe's though, they will always be there. Hell I think Dick Chaney mentioned in his book that he had 2 or 3 and even though they were years prior, he always put them down.

If I remember correctly it was a domestic but i will have to ask him, if so it sounds like he is SOL.

 

[lrahm]

It would be nice to see his history. It appeared that he was honest but I am a bit unsure at times.

 

[gajones06]

A friend of mine was denied his because he had to many reckless driving tickets. He tried to appeal but it was still denied..so it seems like it really is a case to case basis. An yes he did report them on the application.

 

[jdude]

It would be nice to see his history. It appeared that he was honest but I am a bit unsure at times.

Can you elaborate on this a little? I don't think he is beind dishonest so what would this do to help him get his LTCH ?