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  • Turtle

    Master
    Rating - 100%
    2   0   0
    Jul 8, 2008
    1,901
    38
    INDY
    If you was court ordered help or institutionalized then you just gotta deal with it. But if you just went to a DR on your own because ya was feelin down and got a lil prozac... then thats your personal business and you should have answered no to that question.
     

    AFA1CY

    Master
    Rating - 0%
    0   0   0
    Mar 18, 2008
    2,158
    36
    In that Field that is Green
    OK, Here is my take on this. The OP said the local PD was holding up his application. INHO THEY HAD NO RIGHT TO DO THIS! How many times has it been said, Indiana State Police are the ones to determine who is a "proper person". Local PD has NO say in this matter. Glad it worked out but local PDs will keep violating the laws unless they are called out on it.
     

    koveras225

    Marksman
    Rating - 0%
    0   0   0
    Aug 6, 2008
    175
    16
    Noble County
    OK, Here is my take on this. The OP said the local PD was holding up his application. INHO THEY HAD NO RIGHT TO DO THIS! How many times has it been said, Indiana State Police are the ones to determine who is a "proper person". Local PD has NO say in this matter. Glad it worked out but local PDs will keep violating the laws unless they are called out on it.

    IC 35-47-2-3 (c) The officer to whom the application is made shall ascertain the applicant's name, full address, length of residence in the community, whether the applicant's residence is located within the limits of any city or town, the applicant's occupation, place of business or employment, criminal record, if any, and convictions (minor traffic offenses excepted), age, race, sex, nationality, date of birth, citizenship, height, weight, build, color of hair, color of eyes, scars and marks, whether the applicant has previously held an Indiana license to carry a handgun and, if so, the serial number of the license and year issued, whether the applicant's license has ever been suspended or revoked, and if so, the year and reason for the suspension or revocation, and the applicant's reason for desiring a license. The officer to whom the application is made shall conduct an investigation into the applicant's official records and verify thereby the applicant's character and reputation, and shall in addition verify for accuracy the information contained in the application, and shall forward this information together with the officer's recommendation for approval or disapproval and one (1) set of legible and classifiable fingerprints of the applicant to the superintendent.
    The way I read it at least, it seems that it's perfectly legal for them to request the information I just provided them with (the note). I didn't mean to imply that they were holding it, I never requested for them to just send it on as that probably would have resulted in a recommendation for disapproval, with a valid reason tacked on at that. I told them I'd get them what they wanted... and then spent nearly 2 months banging my head against a wall... heh
     

    AFA1CY

    Master
    Rating - 0%
    0   0   0
    Mar 18, 2008
    2,158
    36
    In that Field that is Green
    IC 35-47-2-3 (c) The officer to whom the application is made shall ascertain the applicant's name, full address, length of residence in the community, whether the applicant's residence is located within the limits of any city or town, the applicant's occupation, place of business or employment, criminal record, if any, and convictions (minor traffic offenses excepted), age, race, sex, nationality, date of birth, citizenship, height, weight, build, color of hair, color of eyes, scars and marks, whether the applicant has previously held an Indiana license to carry a handgun and, if so, the serial number of the license and year issued, whether the applicant's license has ever been suspended or revoked, and if so, the year and reason for the suspension or revocation, and the applicant's reason for desiring a license.

    This information is on the application form. The officer is verifying that the information is present.

    The officer to whom the application is made shall conduct an investigation into the applicant's official records and verify thereby the applicant's character and reputation, and shall in addition verify for accuracy the information contained in the application, and shall forward this information together with the officer's recommendation for approval or disapproval and one (1) set of legible and classifiable fingerprints of the applicant to the superintendent.
    Asking for a note from your doctor is not investigating via the "official record". You put down the truth, that should have been the end of it as far as the locad PD is concerned. If there is some issue with your answer, then ISP should be the one to ask for more information. It is through ISP that the appeal process would take place. Just my :twocents:
     

    koveras225

    Marksman
    Rating - 0%
    0   0   0
    Aug 6, 2008
    175
    16
    Noble County
    This information is on the application form. The officer is verifying that the information is present.


    Asking for a note from your doctor is not investigating via the "official record". You put down the truth, that should have been the end of it as far as the locad PD is concerned. If there is some issue with your answer, then ISP should be the one to ask for more information. It is through ISP that the appeal process would take place. Just my :twocents:

    The application says, quite clearly, to submit documentation/recommendation regarding your mental health if you check yes to that question. Additionally, the first part of IC 35-47-2-3 (c) only specifies the information that must be collected on the application. It does not say that my official records are limited to those. It only says they must conduct an investigation into my official records to verify my character and reputation and in addition verify the information contained in my application.
     

    AFA1CY

    Master
    Rating - 0%
    0   0   0
    Mar 18, 2008
    2,158
    36
    In that Field that is Green
    I stand corrected on submitting the records.

    However I see wat too many postings about the local PDs holding up applications so they can "interview" the applicant, take pictures, etc.
     
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