License to carry denied

[Sarah]

I recently, a month ago, applied for my license to carry a hand gun. I was denied because, well here is what they said: "We are in possession of information that you are not a proper person to be licensed. As defined by IC 35-47-1-7, a proper person could have been sentenced for more then one (1) year." Now while I do have a misdemeanor charge, it is not a felony, and I only have the 1.

How do I appeal? How do I word it so that I can get my license? Any help would be awesome!

Sarah

 

[paddling_man]

Was it domestic violence or drugs? A defense of your misdemeanor that involved emotional instabilities or mental issues? None of my business but since you broach the subject... Those are things that *might* be grounds in their eyes.

 

[EvilBlackGun]

Welcome, Sarah!

I am certain that you will get all the help you need, here on INGUN. EBG

 

[shotgun0311]

Don't fight it alone consult an attorney that is all I got sorry.

 

[Sarah]

Nope, I took a box out of a dumpster, I was moving, and I got charged with theft...

 

[Ted]

Should these Hoosiers have been allowed to carry a gun in public? | Indianapolis Star | indystar.com

"Proper person" was narrowly defined in state law in 1983. It contains 10 disqualifiers, including drug and alcohol abuse -- both of which are specifically defined -- and a conviction showing "an inability to safely handle a handgun."

 

[paddling_man]

See below.

ARTICLE 3. FIREARMS LICENSING Rule 1. Issuance
240 IAC 3-1-1
Authority: Affected:
Issuance; improper persons; restricted licenses
IC 10-11-2-10 IC 35-47-2-3; IC 35-47-2-4
Sec. 1. ISSUANCE. (1) The Superintendent of the Indiana State Police Department will not issue a firearm license which would place a licensee in contradiction of Federal Firearm Law.
(2) A person is an improper person if: (A) He has a history of minor criminal activity which would give rise to a reasonable belief that the applicant has a propensity for violent or emotionally unstable conduct. (B) He is found, upon a standard of reasonable belief, not to be emotionally stable. (C) He has been charged and convicted of any violent crime as defined by 35-23-4.1-1 [Repealed by P.L.311-1983, SECTION 49. See, IC 35-47-2-3 concerning criteria for accepting an application for a license.] (D) He makes a false statement of material fact on his application. (3) A person will have a sufficient reason for the issuance of an unlimited firearm license if he states a legal purpose for
desiring such license. (4) On the statement of a reason meeting the criteria of I (3) [subsection (3) of this section] the burden of denying a license
due to improper or insufficent reason shall be upon the Superintendent. (5) The Superintendent may issue a restricted license when the license is issued for a person's employment. (State Police
Department; Firearms Rule I; filed Dec 15, 1977: Rules and Regs. 1978, p. 808; readopted filed Oct 17, 2001, 10:05 a.m.: 25 IR 935; readopted filed Jul 2, 2007, 3:01 p.m.: 20070711-IR-240070255RFA)


Rule 4. General
240 IAC 3-4-1
Authority: Affected:
FIREARMS LICENSING
Application for license; hearing; default; disapproval
IC 10-11-2-10 IC 35-47-2-3; IC 35-47-2-4
Sec. 1. GENERAL. (1) An applicant need not list traffic arrests or traffic convictions on his application except: (A) Driving Under the Influence of Alcohol, Drugs or Narcotics; (B) Reckless Driving; (C) Fleeing a Police Officer; and
(D) Any charges related to injury or death.
(2) An applicant or licensee who requests an administrative hearing must appear unless the applicant or licensee makes a timely request and a continuance is granted. Failure to appear is a default.
(3) An agency disapproving an application for which a hearing is scheduled must have a representative present at the hearing if so requested to appear.
(4) Any agency disapproving an application must state specific reasons. In case of criminal record denial, the agency must supply charges, dates, and dispositions. (State Police Department; Firearms Rule IV; filed Dec 15, 1977: Rules and Regs. 1978, p. 809; readopted filed Oct 17, 2001, 10:05 a.m.: 25 IR 935; readopted filed Jul 2, 2007, 3:01 p.m.: 20070711-IR-240070255RFA)

 

[spasmo]

Here's information about an appeals process
ISP: Appeal Process

You may want to consult an attorney first though and have them write up the letter for you.

 

[SEIndSAM]

Wow, charged with theft over that???? That's crazy.

 

[paddling_man]

Better:

Appeal Process

If your application has been denied, you may request an appeal in writing and mail it to:

Indiana State Police Firearms Licensing Section
100 N. Senate Avenue—IGCN
Indianapolis IN 46204

If you believe you were denied for an invalid reason, call 317-232-8264 and ask to talk with the clerk over that area to discuss your denial. Before you call, please take the time to read the letter of denial and make sure you understand your criminal history.

 

[Sarah]

Wow, charged with theft over that???? That's crazy.

Yup!

 

[Sarah]

See below.

But I fit none of those, and it is the ONLY thing on my record/.

 

[paddling_man]

The link Spasmo posted and the verbage I quoted... you want to start there and, if you make no headway, see an attorney. If you can't afford an attorney, then legal aid or maybe a pro-gun, pro-bono attorney.

 

[Fargo]

But I fit none of those, and it is the ONLY thing on my record/.

Theft is a felony in Indiana and so disqualifies you. Were you convicted of Theft or Conversion?

Best,

Joe

 

[Ted]

You may be the victim of identity theft, with an individual picked up for a disqualifying criteria, and used your information.

 

[Patrolman1981]

Nope, I took a box out of a dumpster, I was moving, and I got charged with theft...

Theft is a D Felony

 

[Kirk Freeman]

Theft is a D Felony

Maybe, it depends.

Maybe it's a Class A misdemeanor, maybe it's a Class C felony, maybe it's a no file, maybe it's a nolle, inter alia.

 

[Sarah]

Theft is a D Felony

Nope, mine is a misdemeanor, I even dug out the paper work to double check!

 

[Sarah]

Theft is a D Felony

Nope, I took a box out of a dumpster, I was moving, and I got charged with theft...

 

[Kirk Freeman]

Yeah, the cops can put Conspiracy to Steal the Moon, a Class AAA Felony, it doesn't matter. The final disposition controls (unless its the Class A or B Felony disqualifier but that's not you).

The problem is that ISP is notorious for looking at only what you were arrested for. Their records are getting better but still less than optimal.

It is within your best interests to contact an attorney.