Will this stop a LTCH

[Micah]

A good friend of mine wants to apply for his LTCH. He is 24 now. When he was 18 he caught someone breaking into his car and beat the crook to the point he was placed in the ICU for a week. My friend got 1 year of probation. No jail time. The crook ran and my buddy chased after him.

When he was 18 and again at 19 he got 2 separate misdemeanor for weed. 6 months probation for each offense.

If he is not eligible now, is there a time limit that will allow those issues to disappear?

 

[Cannon762]

I could be wrong here but I thought it was just felonies that stopped it. I have some friends who have been in similar situations (worse actually) and have gotten their LTCH. I'm not a lawyer so take what I'm saying with a grain of salt.

 

[Micah]

That is what I was thinking to. Even the assault was a misdemeanor. He tried to buy a rugar yesterday. He has not been denied yet but they did put him on hold

 

[rockhopper46038]

The I.C. lays out pretty clearly who is precluded from being issued an LTCH. Without knowing what he was convicted of/pled to in the cases you mention it's pretty hard to say with any certainty.

Here's the applicable portion of the Code:

(1) has been convicted of a felony;
(2) has had a license to carry a handgun suspended, unless the person's license has been reinstated;
(3) is under eighteen (18) years of age;
(4) is under twenty-three (23) years of age if the person has been adjudicated a delinquent child for an act that would be a felony if committed by an adult; or
(5) has been arrested for a Class A or Class B felony, or any other felony that was committed while armed with a deadly weapon or that involved the use of violence, if a court has found probable cause to believe that the person committed the offense charged.
In the case of an arrest under subdivision (5), a license to carry a handgun may be issued to a person who has been acquitted of the specific offense charged or if the charges for the specific offense are dismissed. The superintendent shall prescribe all forms to be used in connection with the administration of this chapter.

 

[chezuki]

A good friend of mine wants to apply for his LTCH. He is 24 now. When he was 18 he caught someone breaking into his car and beat the crook to the point he was placed in the ICU for a week. My friend got 1 year of probation. No jail time. The crook ran and my buddy chased after him.

When he was 18 and again at 19 he got 2 separate misdemeanor for weed. 6 months probation for each offense.

If he is not eligible now, is there a time limit that will allow those issues to disappear?

I'd say it is unlikely he will be approved at this time.

IC 35-47-1-7 "Proper person"
Sec. 7. "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; or
(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.
As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984, SEC.1; P.L.148-1987, SEC.3; P.L.269-1995, SEC.5; P.L.49-2005, SEC.1; P.L.118-2007, SEC.34; P.L.127-2011, SEC.3; P.L.114-2012, SEC.139; P.L.126-2012, SEC.57.

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.

 

[Micah]

That is pretty clear lol. I sent him the link to this. He is in a much better mood lol. He got worried when the gun dealer said he was put on hold. Thank you.


well crap..,.i just now seen chezuki reply....now he not in a god mood lol

 

[rockhopper46038]

Yeah, I'm sorry - I didn't copy all of the sections that dealt with your question

 

[chezuki]

Seems like he's really close on the 5 year window, but with a combination of violence and drug offenses, they're not likely to cut "your friend" any slack.

 

[SandyConner]

Such crap.....

Good news is that your buddy sounds like he can hold his own pretty well!

 

[Micah]

Yea, I still feel bad for him... But if I'm understanding correctly, he will be good to go after 5 years of his last offense right?

 

[Jerchap2]

Sounds borderline, but I hope he gets it. Let us know what happens.

 

[92ThoStro]

As long as he applies and is honest about his convictions, he may or may not get one. They might even do an in person interview.

Honestly I don't know if he should carry. If he chased someone and beat them into the ICU then what will he do if he catches someone.again, execute them with his carry gun?

 

[phatgemi]

As long as he applies and is honest about his convictions, he may or may not get one. They might even do an in person interview.

Honestly I don't know if he should carry. If he chased someone and beat them into the ICU then what will he do if he catches someone.again, execute them with his carry gun?

Dont know anyone involved but your post does give food for thought. Not everyone should be carrying, even if they have a right to. May seem unfair and judgmental but........

 

[EdC]

Young men can mature a lot between 18 and 24. I hope your friend has.
"Carry a gun or carry a temper, but you can't carry both."

 

[JMoses]

As long as he applies and is honest about his convictions, he may or may not get one. They might even do an in person interview.

Honestly I don't know if he should carry. If he chased someone and beat them into the ICU then what will he do if he catches someone.again, execute them with his carry gun?

Agreed, the guy shouldn't be carrying.

 

[88GT]

Dont know anyone involved but your post does give food for thought. Not everyone should be carrying, even if they have a right to. May seem unfair and judgmental but........

Not unfair, definitely judgmental, and insanely self-righteous and arrogant. What other aspect of others' lives would you like to control?

 

[freekforge]

i've known people that when they were in their teens done dumber stuff than this but by the time they were 21 they had matured a lot. one of them beat a guy nearly to death busted his face all up (irresponsible but the guy did deserve it) but a couple years later he is passive and was actually in a position were the use of deadly force was justified but he did not draw his gun because accessed the situation and decided it was best not to. maybe this guy is like the guy i know maybe not......just sayin

 

[daddymikey1975]

Yea, I still feel bad for him... But if I'm understanding correctly, he will be good to go after 5 years of his last offense right?

Doubtful because of the "propensity for violent or emotionally unstable conduct"..

Propensity means "tendency" and repeat instances can give rise to a reasonable belief that he has a propensity for violent conduct.

There is no time limit on this part AFAIK

And my opinion is worth what you paid for it

 

[netsecurity]

As long as he applies and is honest about his convictions, he may or may not get one. They might even do an in person interview.

Honestly I don't know if he should carry. If he chased someone and beat them into the ICU then what will he do if he catches someone.again, execute them with his carry gun?

It does seem pretty much up to the Chief/Sheriff's descretion. I just wanted to comment on that last question about what he might do if he chased someone down while armed, and my thought is that because of being run through the system already, that he might be far more cautious than a normal person now.

What would matter to me if it were my jusdgement would be this: Does he have a bad temper? Is he a "hot head", or were the circumstances such that the thief deserved most of what he got, and only ended up in the ICU due to an unlucky fall, or because he wouldn't stop trying to escape (use of force to apprehend an offender is allowed under the law). Everyone I know who has a bad temper never outgrows it, but unless you've known someone most of their life, it can be hard to tell. Interviewing relatives would be ideal, but I've never heard of them doing this for a LTCH unfortunately.

 

[daddymikey1975]

(use of force to apprehend an offender is allowed under the law)..

link to your source please ?