Gun confiscated....such bs.

[jsheets1]

So here's my story. Back in March I purchased a new m&p 9mm and had the itch to shoot it. A buddy of mine who has ltch decided to go to jasper pulaski to shoot his newly built ar and a variety of pistols including my new one. My ltch had expired and I had been waiting for a new one for four weeks. I thought, no big deal my buddy has his so he is transporting it for me. It was in its case new and unfired. So we were at the range for about 2 hours were just finishing up and packing things in. Up pulls a CO. He walks up behind us and asks to see our ltch. Were using the same bench and hadour hardware laid out. He asked if the pistol on my side was mine. I answered honestly "yes sir it is". I explained to him my situation regarding my ltch and even should him the paperwork from l2 and the city regarding my permit. He then informed me that I could not legally take the pistol out of my house and that he would have to confiscate it. At this point I pointed out that my friend was transporting it for me. It didn't matter. I then asked him why the minor children as well as the man's wife next to us were allowed to shoot with no ltch. He informed me it was a judgement call by him to not do anything about it since the father had one and he was teaching them to shoot. I stated but my friend has one and he was monitoring my gun use. Again it didn't matter to him. I was issued a citation for possesion of a firearm and away it went. He then stated that the local judges would like him to arrest for this offense but he wasn't going to. My wife who is an attorney knows the jasper county prosecutor and I thought okay good. Boy was I wrong. By the way my ltch come in the mail 2 days later. The CO told me all I should have do is show it when it comes in and it should he dropped. Wrong again and he knew that. So now I had to plee guilty pay a 250 dollar fine and go through a six month differment. Which means I won't get it back until November. What sucks the most is that as of July 1st this would have been fine. I feel as though I have been screwed.

 

[walt o]

Did the C.O. give you a kiss or did he lite a cig . after the altercation?

 

[bman1962]

I got lucky because my wife and I were going to the range for months and were totally ignorant about the law before we both got our ltch. Once I found out we were illegal we quit going until we got our ltch. Sorry for your bad luck.

 

[2cool9031]

Yep...I agree you got it stuck to you.

 

[TriggerWork]

Do you know the name of the CO (sounds like the old CO Winter). I grew up in Rensselaer and went to JP range all the time back in the day. It was alot better before the CO's started acting like RO's.

 

[esrice]

Isn't there an exemption that if you renew within some amount of time and your LTCH expires, that your application for renewal then acts as a temporary LTCH?

 

[gunman41mag]

WOW you got S C R E W E D That wasn't right, that CO was a piece of

 

[RichardR]

Isn't there an exemption that if you renew within some amount of time and your LTCH expires, that your application for renewal then acts as a temporary LTCH?

Yes there is, I don't have a quotation of it handy at the moment though.

 

[esigler]

We live in a police state, he abused "his power". I will never give them the that, i will not transport without license.

 

[esrice]

Isn't there an exemption that if you renew within some amount of time and your LTCH expires, that your application for renewal then acts as a temporary LTCH?

Looked it up.

Looks like the OP would have had to submit it within 30 days of expiration for his application to be a temporary LTCH.

IC 35-47-2-6
Granting or rejecting initial application; renewals
Sec. 6. (a) Every initial application for any license under this chapter shall be granted or rejected within sixty (60) days after the application is filed.
(b) The period during which an application for the renewal of an existing license may be filed begins three hundred sixty-five (365) days before the expiration of the existing license. If the application for renewal of an existing license is filed within thirty (30) days of its expiration, the existing license is automatically extended until the application for renewal is passed upon.

 

[ryknoll3]

Isn't there an exemption that if you renew within some amount of time and your LTCH expires, that your application for renewal then acts as a temporary LTCH?

Here you go!

IC 35-47-2-6
Granting or rejecting initial application; renewals
Sec. 6. (a) Every initial application for any license under this chapter shall be granted or rejected within sixty (60) days after the application is filed.
(b) The period during which an application for the renewal of an existing license may be filed begins three hundred sixty-five (365) days before the expiration of the existing license. If the application for renewal of an existing license is filed within thirty (30) days of its expiration, the existing license is automatically extended until the application for renewal is passed upon.

I don't know how you had to plead guilty here, unless you 1)Let it lapse or 2)Renewed it INSIDE of the 30 day window. There should be NO way you get charged with anything. If you renewed outside of 30 days before expiration, you should look into legal remedy. This should be expunged.

 

[ryknoll3]

Oops beat me to it!

 

[ryknoll3]

Looks like OP let his lapse.... you would not be protected in that case.

 

[ryknoll3]

Question:
If the law changes (as it's going to change tomorrow) while you are "serving time" for a crime that happened before the law changed, can you do something about it?

 

[gunowner930]

So now I had to plee guilty pay a 250 dollar fine and go through a six month differment.

I'm not an attorney by any stretch, but does the code matter at this point since it appears that the OP already plead guilty?

 

[85t5mcss]

I smell . This is wrong in so many ways.

Not enough of these

I always had my brother with LTCH transport for me and was always in control of it (near me while shooting), never received any grief. Maybe I misread the ICs then. Sorry about the problems, hope it all gets straightened out.

ETA: And others beat me to most of it. I started a reply and walked outside-oops.

 

[Hoosierdood]

It sucks that you got your pistol confiscated, but you really should have just waited until July 1, or until you got your LTCH. You took a risk and got nailed for it.

 

[EnochRoot43]

Yes there is, I don't have a quotation of it handy at the moment though.

I thought so too! [STRIKE]Don't plead guilty[/STRIKE]! Get a continuance and lawyer up. Wouldn't having a firearms offense make you no longer a "proper person"?

Just re-read OP and noticed that you already plead guilty. I still say that you should lawyer up and try for a reversal.

 

[Dwight]

Question:
If the law changes (as it's going to change tomorrow) while you are "serving time" for a crime that happened before the law changed, can you do something about it?

No. Laws change constantly. If a law was active at the time the "offense" occurred, then the offending party (if guilty) must serve the penalty.

Bad deal in this case all around. Sounds like a CO with nothing better to do and a power trip burning a hole in his uniform...... to the CO....

 

[esrice]

Did the C.O. give you a kiss or did he lite a cig . after the altercation?

Yep...I agree you got it stuck to you.

That wasn't right, that CO was a piece of

We live in a police state, he abused "his power".

Sounds like a CO with nothing better to do and a power trip burning a hole in his uniform...... to the CO....

I'm curious here. . . .

If we've come to the conclusion that the OP was indeed on the wrong side of the law in this particular case, then how was the CO "abusing power" and "screwing" him? It sounds like he did exactly what we pay him to do-- enforce the laws.