LTCH denied

[Bill B]

Don't wait, take the lawyer to the hearing with you.

 

[Kernal1984]

Don't wait, take the lawyer to the hearing with you.

Well I definitely won't be taking the one I consulted before filling out the application!

Adjudication was the term on my FL paperwork so that would be interpreted as a conviction. I guess my only leg to stand on would be that FL says I didnt lose my gun rights for it but IN says I do?

IN law states that conviction of a felony offense makes me inelligable for a LTCH?

So I guess I'll wait for my denial and give Jose Baez a call

 

[SockMonkey]

If I only had some lettuce, mayo, tomato, and toast................sigh.........

I always put a fried egg on, too...and replace the lettuce with fresh spinach. Then it's a BEST sandwich!

 

[Kernal1984]

My Google Fu is very strong

After some searching the web and lookin over my papers, depending on the plea I entered and my successful completion of terms I should have no conviction.
Adjudication Withheld Is the Same as a Conviction

And the letter I received specifically says no felony convictions.

The waiting game begins.

Will post updates

 

[$mooth]

I always put a fried egg on, too...and replace the lettuce with fresh spinach. Then it's a BEST sandwich!

I go Avocado instead of lettuce. Still green, but much more delicious. and the saltiness of the bacon is welcome with open arms by the avocado. I guess it's now a BAT.

 

[cherokee6]

This is something I was worried about with my app, but I had no problems. 6 years ago I was arrested for a speed contest charge. But I was not convicted as I paid the crazy sum of money they asked for so it would be "deferred". Sounds like that is basically what happened to you, but the whole Florida thing is screwing you. For reference, I did not list any convictions, and had no issues... Just wait for the appeal and you should be okay.

And clearly the officer wasnt watching, because there was no "contest"... I kicked the **** out of the other car...

 

[jgreiner]

I always put a fried egg on, too...and replace the lettuce with fresh spinach. Then it's a BEST sandwich!

I hate fried eggs. The only way I will eat them is scrambled...with hash browns.

 

[jgreiner]

I've jacked my own thread with BACON

Bacon-jacked.

 

[LegatoRedrivers]

IN background: Wrong place at wrong time while in possession of a leafy green substance(charges dropped) approx 10 yrs ago. Charges dropped upon successful completion of probation.

FL background: Young and stupid with a fast motorcycle(AKA fleeing and eluding which is a felony charge in FL) approx 7 yrs ago. Charges dropped upon successful completion of probation and several thousand dollars to Florida corrections after a 5 yr monitoring period in which i had no other issues hence the letter i received.

Don't know about the Florida deal, but I had pretty much the same deal as the IN thing. Several years prior, probation, charges dropped. I noted it on my LTCH permit anyway, because I figured they'd be able to see it. I've been told since then that if I hadn't put it on there, I could have been denied for "lying."

As the other posters have said, I think all you can really do is appeal.

 

[esigler]

Its all bs anyway, there should be no additions added to the second, it says shall not infringe! Period this shouldn't matter. All men should have the right for self defense, if you paid your debt it shouldn't matter!

 

[youngda9]

In the mean time. Get yourself a new holster and start wearing it around the house to break it in.

Suggestion below:

 

[mikeplan14]

Here's the Indiana code that might help you out with your appeal:



IC11-9-2-4
Conditional pardon; removal of disabilities applicable to holding handgun permit or license
Sec. 4. The governor may issue a pardon that conditions the removal of all disabilities applicable to holding a handgun permit or other license issued under IC 35-47-2 upon a determination by the superintendent of state police that circumstances have changed to such an extent since the pardoned conviction was entered that the applicant for the permit or license is likely to handle handguns in compliance with the law.
As added by P.L.148-1987, SEC.1.
IC 35-47-2-20
Removal of disability under this chapter
Sec. 20. (a) A full pardon from the governor of Indiana for:
(1) a felony other than a felony that is included in IC 35-42; or
(2) a violation of this chapter;
removes any disability under this chapter imposed because of that offense, if fifteen (15) years have elapsed between the time of the offense and the application for a license under this chapter.
(b) A conditional pardon described in IC 11-9-2-4 for:
(1) a felony; or
(2) a violation of this chapter;
removes a disability under this chapter if the superintendent determines after an investigation that circumstances have changed since the pardoned conviction was entered to such an extent that the pardoned person is likely to handle handguns in compliance with the law.
As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984, SEC.6; P.L.148-1987, SEC.6.

IC 35-47-2-3
Application for license to carry handgun; procedure
(g) A license to carry a handgun shall not be issued to any person who:
(1) has been convicted of a felony;
(2) has had a license to carry a handgun suspended, unless the person's license has been reinstated;
(3) is under eighteen (18) years of age;
(4) is under twenty-three (23) years of age if the person has been adjudicated a delinquent child for an act that would be a felony if committed by an adult; or
(5) has been arrested for a Class A or Class B felony, or any other felony that was committed while armed with a deadly weapon or that involved the use of violence, if a court has found probable cause to believe that the person committed the offense charged.
In the case of an arrest under subdivision (5), a license to carry a handgun may be issued to a person who has been acquitted of the specific offense charged or if the charges for the specific offense are dismissed. The superintendent shall prescribe all forms to be used in connection with the administration of this chapter

IC 35-47-1-7
"Proper person" (to be licensed – weapons)
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; or
(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.

 

[Kernal1984]

+1 for mikeplan14

Thanks for the info

 

[mikeplan14]

You're welcome!

 

[Blackduck21]

Were you arrested for stealing bacon?

 

[Chesh97]

I believe there is an appeals process, that you will have to go down to Indy and sit in front of an ISP committee, but don't know much more about it, since I haven't experienced that before.You don't need a lawyer, and it shouldn't cost anything other than your travel expenses to Indy.

 

[Kernal1984]

Since it was coming up on 5 months today that i had applied for my LTCH i decided to give them a call and see why i hadn't received my letter of denial.
and after being transferred 4 times a very nice lady did some digging to see why i had been denied and why i hadn't received my letter of denial.
And while looking around she noticed there were two different dates in the system for one incident(that charges had been dropped on to my knowledge)
finally after being on hold for a half an hour she told me they had made a data entry mistake and had me mixed up with another person!!!
So after almost 5 months my LTCH is in the mail

 

[SideArmed]

Well, congrats to you! Thats pretty cool.

 

[SEIndSAM]

Since it was coming up on 5 months today that i had applied for my LTCH i decided to give them a call and see why i hadn't received my letter of denial.
and after being transferred 4 times a very nice lady did some digging to see why i had been denied and why i hadn't received my letter of denial.
And while looking around she noticed there were two different dates in the system for one incident(that charges had been dropped on to my knowledge)
finally after being on hold for a half an hour she told me they had made a data entry mistake and had me mixed up with another person!!!
So after almost 5 months my LTCH is in the mail

That's great news, Congrats!!!

 

[blamecharles]

Sweet congrats.