5 year old domestic battery

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  • bhuffman77

    Plinker
    Rating - 0%
    0   0   0
    Nov 29, 2009
    15
    3
    greenwood indiana
    i have a 5 year misdemeanor for battery and was told i could not get my hand gun lic i was sent a letter from the statepolice saying i needed to go to court and get my rights reinstated so i did that and now they say i cant because a law for haveing that doemestica battery is there any thing i can do to get my lic to carry a hand gun
     
    Last edited:

    Scutter01

    Grandmaster
    Rating - 100%
    2   0   0
    Mar 21, 2008
    23,750
    48
    i have a 5 year qil mist for battery a glass windo got broke and my xwife got cut i tryed to get me hand gun lic and was told i had to get my rites reinstated how can i go about getting my hand gun lic

    Translation:

    I have a five-year-old misdemeanor for Battery. A glass window got broken and my ex-wife got cut. I tried to get my handgun license and was told I had to get my rights re-instated. How can I go about getting my handgun license?
     

    scully

    Plinker
    Rating - 100%
    1   0   0
    Apr 2, 2008
    84
    8
    Translation:

    I have a five-year-old misdemeanor for Battery. A glass window got broken and my ex-wife got cut. I tried to get my handgun license and was told I had to get my rights re-instated. How can I go about getting my handgun license?



    Now I get it. You might want to reconsider the firearm.
     

    sporter

    Master
    Rating - 100%
    30   0   0
    Mar 9, 2009
    2,397
    48
    Southern, Indiana
    The domestic violence conviction is probably worse than a felony these days when it comes to getting rights restored.

    Get a lawyer who deals in rights restoration. You might have to get the conviction thrown out if possible at this point or some sort of pardon.

    Also get on Google and start searching for "rights restoration" cases and learn about the ins and outs.

    Right now you are a prohibited person and cannot even possess a firearm (handgun or rifle).
     

    Denny347

    Grandmaster
    Rating - 100%
    21   0   0
    Mar 18, 2008
    13,557
    149
    Napganistan
    I hate to tell ya but a domestic battery conviction isn't going anywhere. The OP either pled guilty or was found guilty of this charge and no judge is going to touch that after the fact. Sorry, but sometimes money won't fix it. With all the press (rightfully so) that domestic abuse gets, your not going to find a judge/Governor to erase a lawful guilty finding. Ain't gonna happen. Use this as a lesson to us all. Do not get yourself into a situation that could lead to this kind of charge against you. If it starts getting heated, bow out immediately. I have no knowledge of the OP's situation so I'm gonna generalize my advice here. I have seen too many adults that live in the same house and verbally fighting. I show up and give the advice that one party should probably leave for a couple of hours to lets this calm down. Neither will leave so I do, guess what, I get called back but now one party claims battery. Well, now my hands are tied. One party claims the other battered them AND there is at least a complaint of pain...the other half gets the cuffs. This would have been avoided if one of them would have "manned-up" and left. Once you get convicted of this...it's sticking unless there is some procedural error that you can appeal. Sorry but you are out of luck.
     

    homeless

    Sharpshooter
    Rating - 0%
    0   0   0
    Nov 12, 2008
    574
    18
    indy
    Yes you can get a permit, what you need is very simple.


    1. A really good lawyer who knows how to bend to laws better than Congress.
    2. A whole lot of money to pay said lawyer and his staff.
    3. Even more money to bribe a really bad judge.
    4. a deal with either God or Satan.
    5. Learn to compose sentences a speak in proper English.
     

    alfahornet

    Expert
    Rating - 100%
    3   0   0
    Sep 25, 2008
    918
    16
    I hate to tell ya but a domestic battery conviction isn't going anywhere. The OP either pled guilty or was found guilty of this charge and no judge is going to touch that after the fact. Sorry, but sometimes money won't fix it. With all the press (rightfully so) that domestic abuse gets, your not going to find a judge/Governor to erase a lawful guilty finding. Ain't gonna happen. Use this as a lesson to us all. Do not get yourself into a situation that could lead to this kind of charge against you. If it starts getting heated, bow out immediately. I have no knowledge of the OP's situation so I'm gonna generalize my advice here. I have seen too many adults that live in the same house and verbally fighting. I show up and give the advice that one party should probably leave for a couple of hours to lets this calm down. Neither will leave so I do, guess what, I get called back but now one party claims battery. Well, now my hands are tied. One party claims the other battered them AND there is at least a complaint of pain...the other half gets the cuffs. This would have been avoided if one of them would have "manned-up" and left. Once you get convicted of this...it's sticking unless there is some procedural error that you can appeal. Sorry but you are out of luck.

    While I agree with your post completely +1. I also would like to see more details. I am not sure what the detailed statues for battery are but are they automatically disqualifying? I don't know, I am not a lawyer. I would recommend seeking legal advice. BUT LET'S KEEP IT AS A LESSON TO ALL OF US.
     

    Denny347

    Grandmaster
    Rating - 100%
    21   0   0
    Mar 18, 2008
    13,557
    149
    Napganistan
    While I agree with your post completely +1. I also would like to see more details. I am not sure what the detailed statues for battery are but are they automatically disqualifying? I don't know, I am not a lawyer. I would recommend seeking legal advice. BUT LET'S KEEP IT AS A LESSON TO ALL OF US.
    IC 35-42-2-1.3
    Domestic battery
    Sec. 1.3. (a) A person who knowingly or intentionally touches an individual who:
    (1) is or was a spouse of the other person;
    (2) is or was living as if a spouse of the other person as provided in subsection (c); or
    (3) has a child in common with the other person;
    in a rude, insolent, or angry manner that results in bodily injury to the person described in subdivision (1), (2), or (3) commits domestic battery, a Class A misdemeanor.
    (b) However, the offense under subsection (a) is a Class D felony if the person who committed the offense:
    (1) has a previous, unrelated conviction:
    (A) under this section (or IC 35-42-2-1(a)(2)(E) before its repeal); or
    (B) in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements described in this section; or
    (2) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.
    (c) In considering whether a person is or was living as a spouse of another individual in subsection (a)(2), the court shall review the following:
    (1) the duration of the relationship;
    (2) the frequency of contact;
    (3) the financial interdependence;
    (4) whether the two (2) individuals are raising children together;
    (5) whether the two (2) individuals have engaged in tasks directed toward maintaining a common household; and
    (6) other factors the court considers relevant.
    As added by P.L.188-1999, SEC.6. Amended by P.L.47-2000, SEC.3; P.L.221-2003, SEC.18; P.L.129-2006, SEC.1.


    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 subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possession.
    (b) 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 in any vehicle or on or about the person's body in the person's dwelling or on the person's property or fixed place of business.
    As added by P.L.311-1983, SEC.32. Amended by P.L.326-1987, SEC.1; P.L.195-2003, SEC.6; P.L.98-2004, SEC.155; P.L.118-2007, SEC.35.
     
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