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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 35406
Experience:  30 years legal experience
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I want to apply gun permit/license to carry in Indiana. Here

Customer Question

JA: Thanks. Can you give me any more details about your issue?
Customer: I want to apply for a gun permit/license to carry in Indiana. Here is my legal issue: In Oct. 2008, I was convicted of (3) Felony D - possession of controlled substance. Completed all the court asked me to and I was approved by the court for dismissal with prejudice. I also have a Felony D in a different county for DUI. I am getting that charge reduced to an A Misdemeanor. Will I be able to get a gun permit now?
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Submitted: 9 months ago.
Category: Criminal Law
Expert:  LawTalk replied 9 months ago.

Good afternoon Joy,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. Thanks for asking for me.

You wrote: Here is my legal issue: In Oct. 2008, I was convicted of (3) Felony D - possession of controlled substance. Completed all the court asked me to and I was approved by the court for dismissal with prejudice. I also have a Felony D in a different county for DUI. I am getting that charge reduced to an A Misdemeanor. Will I be able to get a gun permit now? No, that is still not good enough for the federal government.

As you are likely aware, federal law generally makes it a felony for a person to be in possession of a firearm if the person has any prior felony conviction.

Though, there is an exception. That exception depends on whether you have had your civil rights restored. And whether you have had your civil rights restored for a state conviction is determined by state and NOT federal law.

Federal law requires that for the feds to recognize the state restoration of rights, the state restoration must include the right to vote, the right to seek and hold public office, and the right to serve on a jury. The restoration of your gun rights is accomplished by you apply to the court for, and being granted, an expungement of your conviction.

Once you have the expungement order and restoration of rights, you will also need to send a copy of the order to the FBI Gun Appeals unit to have them enter the order in their computer records as well. That way, you won’t be flagged and denied when you apply to purchase a firearm and the seller runs the required background check.

If you have been denied a firearm transfer after you have received an expungement, you may access the following FBI website for information about appealing your denial, and be sure to send a copy of any expungement order you might have with your appeal: http://www.fbi.gov/about-us/cjis/nics/appeals/nics_appeals_brochure_eng

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

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