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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4492
Experience:  Almost 12 years of legal experience, primarily in criminal law
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My nameis John, I was denied a concealed carry permit in Indiana

Customer Question

My nameis John, I was denied a concealed carry permit in Indiana because I had a public intoxication charge that was on my record from 7 years ago. I didn't realize it was there. I had an OWI, but I did the diversion program to have the charge dropped, and obviously fulfilled the provision of no DUI/OWI for 5 years or the next charge would be a felony. I didn't realize that the OWI would be replaced with a Misdemeanor public Intoxication. I have no felonies, or even so much as a speeding ticket. I have appealed the decision and I am going in front of a board this coming Monday, May 16. From what i am gathering from my research, I can not be denied unless I have a felony, or a domestic battery charge,felony or misdemeanor. I'm hoping that my explanation of the understanding of my obligation of fulfilling the OWI requirements is enough to overturn their decision of denying my 2nd amendment right to bear arms. Is there any case law that I can present to this board to make them reverse the decision?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 1 year ago.
Hello. I think there is some confusion regarding your research so let me try to clarify it for you. Your right to possess a gun is separate from a request to be allowed to concealed carry that gun. The law that you cite means that you are not prohibited from possessing a gun...that is, that you do not have a conviction for a felony, domestic violence, or misdemeanor charge punishable by more than one year in jail. So you are not prohibited from having a gun in your home, hunting, etc. The courts, however, have found that with respect to concealed carry permits, states have the ability to restrict a person's ability to get such a permit. They can impose additional requirements. Some states require that you make a showing that you have a substantial need for one (for example, someone who is being stalked could qualify for one for self protection). Indiana is not that strict. But in addition to you having to fit the requirements to possess a gun (ie not having a disqualifying criminal conviction), there are additional factors that can be considered in deciding whether to award a permit: (d) The superintendent may make whatever further investigation the superintendent deems necessary. Whenever disapproval is recommended, the officer to whom the application is made shall provide the superintendent and the applicant with the officer’s complete and specific reasons, in writing, for the recommendation of disapproval.(e) If it appears to the superintendent that the applicant:(1) has a proper reason for carrying a handgun;(2) is of good character and reputation;(3) is a proper person to be licensed; and(4) is:(A) a citizen of the United States; or(B) not a citizen of the United States but is allowed to carry a firearm in the United States under federal law; the superintendent shall issue to the applicant a qualified or an unlimited license to carry any handgun lawfully possessed by the applicant. So under that law, the superintendent may deny an applicant a permit if he finds that you are not carrying a handgun for a proper purpose, or that you do not have good character and/or reputation. I don't know what his reasoning was, although he is supposed to have written it out so the appeal board can review his decision to see if it was proper. But at any rate, those are the factors that you are going to be dealing with on the appeal. You will likely have to argue that he made an error in his decision to deny you the permit, i.e. if he improperly decided your character or the like. So when you argue, don't confuse your general Second Amendment right to possess a gun, which has fewer restrictions and is a broader right, with the ability to apply for a concealed carry permit, which is subject to more requirements than just not having a conviction. Hope this helped clear things up.