opinions on ltch eligability???

[Drake.45]

It's flood to hear your on a good path that sounds like it will keep you out of trouble, and when you get your license just remember what you have to lose. I don't imagine the legal issues will deny your application, good luck

 

[kushmob]

The way this story has been told, edited, changed, and retold are you drinking now?

lol all i did was edit in more detail...nothing has changed buddy...and no i havent had a drink since june 2011 when this happened....thanks for your worthless 2 cents

 

[Timjoebillybob]

I'd say it depends, for the most recent one were you required to attend alcohol classes? If so then you are not a proper person under IC, if not I'd say it depends on how they define "alcohol related offense". Then there is also the problem of not listing both. I can understand your line of thought, but it specifically(iirc) ask you to list all offenses/dates/dispositions, by failing to do so they can deny you and possibly charge you with a felony. I'll list all applicable IC below.

IC 35-47-1-2
"Alcohol abuser"
Sec. 2. "Alcohol abuser" means an individual who has had two (2) or more alcohol related offenses, any one (1) of which resulted in conviction by a court or treatment in an alcohol abuse facility within three (3) years prior to the date of the application.
As added by P.L.311-1983, SEC.32.

IC 35-47-1-7
"Proper person"
Sec. 7. "Proper person" means a person who:
(5) does not have a record of being an alcohol or drug abuser as defined in this chapter;

IC 35-47-2-17
Firearms and handguns; giving false information or offering false evidence of identity
Sec. 17. No person, in purchasing or otherwise securing delivery of a firearm or in applying for a license to carry a handgun, shall knowingly or intentionally:
(1) give false information on a form required to:
(A) purchase or secure delivery of a firearm; or
(B) apply for a license to carry a handgun; or
(2) offer false evidence of identity.

IC 35-47-2-23
Violations; classes of misdemeanors and felonies
Sec. 23. (a) A person who violates section 3, 4, 5, 14, 15, or 16 of this chapter commits a Class B misdemeanor.
(b) A person who violates section 7, 17, or 18 of this chapter commits a Class C felony.

IANAL/TINLA

ETA

well on the app i listed "criminal mischief, public intoxication"...and thats it..bc i had the PI 7 years ago and i figured listing it twice was unecessary....i fugured it would cover the one 7 years ago and the one that got dropped by writing it once

Since the PI was dropped you IMO didn't falsify the information on the application, so that part shouldn't apply. But the rest again IMO does.

 

[KW730]

I'd say it depends, for the most recent one were you required to attend alcohol classes? If so then you are not a proper person under IC, if not I'd say it depends on how they define "alcohol related offense". Then there is also the problem of not listing both. I can understand your line of thought, but it specifically(iirc) ask you to list all offenses/dates/dispositions, by failing to do so they can deny you and possibly charge you with a felony. I'll list all applicable IC below.
IANAL/TINLA

ETA


Since the PI was dropped you IMO didn't falsify the information on the application, so that part shouldn't apply. But the rest again IMO does.

He hasn't had two alcohol offenses within three years of the application according to his post. He should be good to go.

 

[cosermann]

... i havent had a drink since june 2011 when this happened...

Good for you. Stick with it.

 

[Timjoebillybob]

He hasn't had two alcohol offenses within three years of the application according to his post. He should be good to go.

It doesn't say alcohol offenses, it states alcohol related offenses. IMO what he described is an alcohol related offense. It also depends on whether he was ordered to undergo alcohol treatment for the last one. It also doesn't say 2 in 3 years, it says 2 or more with one or more in the last 3 years. You can have one 20 years ago and one last year and it would still apply.

ETA Reckless driving isn't an alcohol offense, but in some counties it is a standard plea bargain for DUI. So reckless driving can be a alcohol related offense, even if it's not a alcohol offense. I would guess that criminal mischief can be the same.

 

[KW730]

It doesn't say alcohol offenses, it states alcohol related offenses. IMO what he described is an alcohol related offense. It also depends on whether he was ordered to undergo alcohol treatment for the last one. It also doesn't say 2 in 3 years, it says 2 or more with one or more in the last 3 years. You can have one 20 years ago and one last year and it would still apply.

ETA Reckless driving isn't an alcohol offense, but in some counties it is a standard plea bargain for DUI. So reckless driving can be a alcohol related offense, even if it's not a alcohol offense. I would guess that criminal mischief can be the same.

I see that now. I also just noticed that in addition to treatment, a simple conviction within three years with a previous conviction is grounds for denial. Interesting.

 

[Timjoebillybob]

I see that now. I also just noticed that in addition to treatment, a simple conviction within three years with a previous conviction is grounds for denial. Interesting.

Yep scary isn't it. I was hit with a minor in possession of alcohol charge when I was 18, over 20 years ago. Any alcohol related offense can be grounds for them to pull my license for no longer being a proper person.
I'm sure that there are others out there in the same boat. What is really scary is that if people don't know that, they could be committing a class b misdemeanor if they are arrested and don't report it to the state police. It doesn't matter if they are convicted or not just a arrest by itself.

IC 35-47-2-3
Application for license to carry handgun; procedureIC 5-2-8-2.
(i) If a person who holds a valid license to carry a handgun issued under this chapter:
(1) changes the person's name;
(2) changes the person's address; or
(3) experiences a change, including an arrest or a conviction, that may affect the person's status as a proper person (as defined in IC 35-47-1-7) or otherwise disqualify the person from holding a license;
the person shall, not later than thirty (30) days after the date of a change described under subdivision (3), and not later than sixty (60) days after the date of the change described under subdivision (1) or (2), notify the superintendent, in writing, of the event described under subdivision (3) or, in the case of a change under subdivision (1) or (2), the person's new name or new address.

IC 35-47-2-23
Violations; classes of misdemeanors and felonies
Sec. 23. (a) A person who violates section 3, 4, 5, 14, 15, or 16 of this chapter commits a Class B misdemeanor.

 

[Mango]

OP, what's your username mean?

 

[chezuki]

OP, what's your username mean?

I bet it doesn't mean "good decisions"...

Possibly NSFW.

http://kushmob420.webs.com/

 

[Cricket Tickler]

I think you will be fine. IMO. I got nabbed twice for PI a number of years back. I've never had any problems obtaining ltch. Although ten years between arrest and application for ltch. Didn't need a ltch in the military. I got to carry all the guns I wanted.

 

[kushmob]

I bet it doesn't mean "good decisions"...

Possibly NSFW.

Home - Kush Mob Goes Hard

lmao wtf is this??????