child support and denial of ltch?

[Dwhizzle74]

okay its been awhile since i posted anything on here but im runnin into a problem i cant find a clear answer for. ive been PAYING child support for my oldest daughter however between her mother knockin me for support from the time she was born (she was 18months when we went to court) and the fact that i cant simply afford the 75 a week im ordered ive found myself with a 6000 dollar debt the state wants to collect...well long story short as long as im making a attempt to pay support ( i pay 60 a week) can or will the state deny my ltch for it? im makin a great attempt to pay and everything its not like im dead beating it where im not payin anything

 

[bigus_D]

If you can't pay the required amount where is the money comming from to pay for the ltch? Maybe you should sell your gun a pay your debt...?

 

[Dwhizzle74]

i have a cheap ass handgun handed down to me from my grandfather.....and ive had the money to get my ltch put back for over a year now havnt touched it, and as far as payin off my debt man ive sold my car all my "toys" sorry i dont know what you do or how much you make but minimum wage is a ***** to supprort two kids plus car insurrance for the wife and pay rent on a house and all the bills that come with that

 

[SideArmed]

So long as you haven't been conviced of domestic battery or any other crime that would disqualify you from having a LTCH, I think it would be at the Sherriff's discretion at that point to decide whether you are a "Proper Person".

As defided in the IC here:
Indiana Code 35-47-2 (Handgun licences)

Application for license to carry handgun; procedure
Sec. 3. (a) A person desiring a license to carry a handgun shall apply:
(1) to the chief of police or corresponding law enforcement officer of the municipality in which the applicant resides;
<snip>
(c) The officer to whom the application is made shall ascertain the applicant's name, full address, length of residence in the community, whether the applicant's residence is located within the limits of any
city or town, the applicant's occupation, place of business or employment, criminal record, if any, and convictions (minor traffic offenses excepted), age, race, sex, nationality, date of birth, citizenship, height, weight, build, color of hair, color of eyes, scars and marks, whether the applicant has previously held an Indiana license to carry a handgun and, if so, the serial number of the license and year issued, whether the applicant's license has ever been suspended or revoked, and if so, the year and reason for the suspension or revocation, and the applicant's reason for desiring a license. The officer to whom the application is made shall conduct an investigation into the applicant's official records and verify thereby the applicant's character and reputation, and shall in addition verify for accuracy the information contained in the application, and shall forward this information together with the officer's recommendation for approval or disapproval and one (1) set of legible and classifiable fingerprints of the applicant to the superintendent.
(d) The superintendent may make whatever further investigation the superintendent deems necessary. Whenever disapproval is recommended, the officer to whom the application is made shall provide the superintendent and the applicant with the officer's complete and specific reasons, in writing, for the recommendation of disapproval.
(e) If it appears to the superintendent that the applicant:
(1) has a proper reason for carrying a handgun;
(2) is of good character and reputation;
(3) is a proper person to be licensed; and

The bolded parts are where they *could* get you, doesn't mean an automatic denial, but if they wanted to they could question your character and reputation.

Definition of Proper Person:

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 35-44-3-3 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 35-41-1-6.3), 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.

 

[gunman41mag]

I had a friend that DIDN'T pay his child support & he was arrested, they can take your driver license & passport

 

[Dwhizzle74]

thank you thats what i was lookin for....and sorry didnt notice i dropped the b bomb

 

[SideArmed]

thank you thats what i was lookin for....and sorry didnt notice i dropped the b bomb

I edited the post above in case you didn't see it.

 

[Dwhizzle74]

yea i keep bouncing back nd forth nd no i dont have a felony or anything i got a resisting law enforcment five years ago in june....thats why im tryin to figure out if they can deny me now cuz last year when i applied nd found the five year wait thing i didnt have this much back support...thanks tho i couldnt find the codes for some reason

 

[bigus_D]

Seems like resisting law enforcement might make you not a "proper person". You would have to include that on your application.

 

[bartb]

You could be charged with a D Felony. It seems unlikely (especially with your OP) but I dunno, IANAL. You should hurry to get current, so any problems, however remote are eliminated.

IC 35-46-1-5
Nonsupport of a dependent child
Sec. 5. (a) A person who knowingly or intentionally fails to provide support to the person's dependent child commits nonsupport of a child, a Class D felony. However, the offense is a Class C felony if the total amount of unpaid support that is due and owing for one (1) or more children is at least fifteen thousand dollars ($15,000).
(b) It is a defense that the child had abandoned the home of his family without the consent of his parent or on the order of a court, but it is not a defense that the child had abandoned the home of his family if the cause of the child's leaving was the fault of his parent.
(c) It is a defense that the accused person, in the legitimate practice of his religious belief, provided treatment by spiritual means through prayer, in lieu of medical care, to his dependent child.
(d) It is a defense that the accused person was unable to provide support.