iChokePeople
Master
- Feb 11, 2011
- 4,556
- 48
My internet legal partner, chez, did hit on an idea for the appeal... I submit that you could argue that it was not an inability to safely handle a handgun... It was an UNWILLINGNESS to do so.
seriously, though, I still think you're ****ed, but call mr. Relford. He's an ACTUAL attorney.
I mean I guess that in my opinion, it wasn't an inability to safely handle a firearm.
call mr. Relford. He's an ACTUAL attorney.
In MY opinion, pointing a gun at someone is kind of the definition of "unsafe gun handling".
Perhaps it wasn't an "inability", but you certainly didn't choose to handle it safely.
In MY opinion, pointing a gun at someone is kind of the definition of "unsafe gun handling".
Perhaps it wasn't an "inability", but you certainly didn't choose to handle it safely.
INAL but I think your only chance is if it has been 5 years since the conviction and you completed the terms or your sentence, is to seek an expungement of your record. After the expungement you will be legally able to answer no to any questions regarding have you been convicted. Then you can reapply for the LTCH.
I have been through the expungment process in Ohio. I handled it myself, filed the paperwork paid the $50.00 court cost spent five mins in front of Judge and was granted been good to go ever since.
I'll have to ask the lawyer about this. This actually sounds like a good idea though. Thanks!
are you going to be pointing more guns at people?
He is not a prohibited person to purchase why should the State prohibit him from carrying?
From the definition of "proper person":Ok. So I'm trying to look up relevant IC. But I'm on a cell, so that not working out.
I thought felony made you "improper", not misdemeanor.
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.
Interesting. Hmmmm, someone on INGO (CathyInBlue?) had a thread up about finding a gun, asking if anyone on INGO lost it, must describe it, etc.
Would not that person, then, be in violation of IC 35-47-1-7? IF they have a LTCH, could they not, should they not have their LTCH revoked for violation of same?