Ok so I was convicted of a class a misteomanor criminal recklessness.. this was in 2010. I completed everything i was required to and have not been in any troble since then. Will this charge keep me from getting my license to carry a hand gun?
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Handgun License Eligiblity Question
- Thread starter ron8924
- Start date
In which state would you be applying?
It was two years. So got done with everything in 2012
Will be applying in Indiana
cce1302
Regular Member
Here's what the law says (I've highlighted what seems relevant re: qualifiers and disqualifiers. I leave it up to you to decide whether it applies to you or not.)
IC 35-47-2-3
Application for license to carry handgun; procedure
Sec. 3. (a) A person desiring a license to carry a handgun shall
apply:
(1) to the chief of police or corresponding law enforcement
officer of the municipality in which the applicant resides;
(2) if that municipality has no such officer, or if the applicant
does not reside in a municipality, to the sheriff of the county in
which the applicant resides after the applicant has obtained an
application form prescribed by the superintendent; or
(3) if the applicant is a resident of another state and has a regular
place of business or employment in Indiana, to the sheriff of the
county in which the applicant has a regular place of business or
employment.
The superintendent and local law enforcement agencies shall allow
an applicant desiring to obtain or renew a license to carry a handgun
to submit an application electronically under this chapter if funds are
available to establish and maintain an electronic application system.
(b) The law enforcement agency which accepts an application for
a handgun license shall collect the following application fees:
(1) From a person applying for a four (4) year handgun license,
a ten dollar ($10) application fee, five dollars ($5) of which
shall be refunded if the license is not issued.
(2) From a person applying for a lifetime handgun license who
does not currently possess a valid Indiana handgun license, a
fifty dollar ($50) application fee, thirty dollars ($30) of which
shall be refunded if the license is not issued.
(3) From a person applying for a lifetime handgun license who
currently possesses a valid Indiana handgun license, a forty
dollar ($40) application fee, thirty dollars ($30) of which shall
be refunded if the license is not issued.
Except as provided in subsection (h), the fee shall be deposited into
the law enforcement agency's firearms training fund or other
appropriate training activities fund and used by the agency to train
law enforcement officers in the proper use of firearms or in other law
enforcement duties, or to purchase firearms, firearm related
equipment, or body armor (as defined in IC 35-47-5-13(a)) for the
law enforcement officers employed by the law enforcement agency.
The state board of accounts shall establish rules for the proper
accounting and expenditure of funds collected under this subsection.
(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.
(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. The original license shall be delivered to the licensee. A
copy shall be delivered to the officer to whom the application for
license was made. A copy shall be retained by the superintendent for
at least four (4) years in the case of a four (4) year license. The
superintendent may adopt guidelines to establish a records retention
policy for a lifetime license. A four (4) year license shall be valid for
a period of four (4) years from the date of issue. A lifetime license is
valid for the life of the individual receiving the license. The license
of police officers, sheriffs or their deputies, and law enforcement
officers of the United States government who have been honorably
retired by a lawfully created pension board or its equivalent after
twenty (20) or more years of service shall be valid for the life of these
individuals. However, a lifetime license is automatically revoked if
the license holder does not remain a proper person.
(f) At the time a license is issued and delivered to a licensee under
subsection (e), the superintendent shall include with the license
information concerning handgun safety rules that:
(1) neither opposes nor supports an individual's right to bear
arms; and
(2) is:
(A) recommended by a nonprofit educational organization
that is dedicated to providing education on safe handling and
use of firearms;
(B) prepared by the state police department; and
(C) approved by the superintendent.
The superintendent may not deny a license under this section because
the information required under this subsection is unavailable at the
time the superintendent would otherwise issue a license. The state
police department may accept private donations or grants to defray
the cost of printing and mailing the information required under this
subsection.
(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 for an
offense committed before July 1, 2014, for a Level 1, Level 2,
Level 3, or Level 4 felony for an offense committed after June
30, 2014, 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.
Full text from the source here:
http://iga.in.gov/legislative/laws/2014/ic/titles/035/articles/047/chapters/002/
If you do carry, carry safely. If you don't carry, I hope the reckless behavior does not return.
IC 35-47-2-3
Application for license to carry handgun; procedure
Sec. 3. (a) A person desiring a license to carry a handgun shall
apply:
(1) to the chief of police or corresponding law enforcement
officer of the municipality in which the applicant resides;
(2) if that municipality has no such officer, or if the applicant
does not reside in a municipality, to the sheriff of the county in
which the applicant resides after the applicant has obtained an
application form prescribed by the superintendent; or
(3) if the applicant is a resident of another state and has a regular
place of business or employment in Indiana, to the sheriff of the
county in which the applicant has a regular place of business or
employment.
The superintendent and local law enforcement agencies shall allow
an applicant desiring to obtain or renew a license to carry a handgun
to submit an application electronically under this chapter if funds are
available to establish and maintain an electronic application system.
(b) The law enforcement agency which accepts an application for
a handgun license shall collect the following application fees:
(1) From a person applying for a four (4) year handgun license,
a ten dollar ($10) application fee, five dollars ($5) of which
shall be refunded if the license is not issued.
(2) From a person applying for a lifetime handgun license who
does not currently possess a valid Indiana handgun license, a
fifty dollar ($50) application fee, thirty dollars ($30) of which
shall be refunded if the license is not issued.
(3) From a person applying for a lifetime handgun license who
currently possesses a valid Indiana handgun license, a forty
dollar ($40) application fee, thirty dollars ($30) of which shall
be refunded if the license is not issued.
Except as provided in subsection (h), the fee shall be deposited into
the law enforcement agency's firearms training fund or other
appropriate training activities fund and used by the agency to train
law enforcement officers in the proper use of firearms or in other law
enforcement duties, or to purchase firearms, firearm related
equipment, or body armor (as defined in IC 35-47-5-13(a)) for the
law enforcement officers employed by the law enforcement agency.
The state board of accounts shall establish rules for the proper
accounting and expenditure of funds collected under this subsection.
(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.
(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. The original license shall be delivered to the licensee. A
copy shall be delivered to the officer to whom the application for
license was made. A copy shall be retained by the superintendent for
at least four (4) years in the case of a four (4) year license. The
superintendent may adopt guidelines to establish a records retention
policy for a lifetime license. A four (4) year license shall be valid for
a period of four (4) years from the date of issue. A lifetime license is
valid for the life of the individual receiving the license. The license
of police officers, sheriffs or their deputies, and law enforcement
officers of the United States government who have been honorably
retired by a lawfully created pension board or its equivalent after
twenty (20) or more years of service shall be valid for the life of these
individuals. However, a lifetime license is automatically revoked if
the license holder does not remain a proper person.
(f) At the time a license is issued and delivered to a licensee under
subsection (e), the superintendent shall include with the license
information concerning handgun safety rules that:
(1) neither opposes nor supports an individual's right to bear
arms; and
(2) is:
(A) recommended by a nonprofit educational organization
that is dedicated to providing education on safe handling and
use of firearms;
(B) prepared by the state police department; and
(C) approved by the superintendent.
The superintendent may not deny a license under this section because
the information required under this subsection is unavailable at the
time the superintendent would otherwise issue a license. The state
police department may accept private donations or grants to defray
the cost of printing and mailing the information required under this
subsection.
(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 for an
offense committed before July 1, 2014, for a Level 1, Level 2,
Level 3, or Level 4 felony for an offense committed after June
30, 2014, 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.
Full text from the source here:
http://iga.in.gov/legislative/laws/2014/ic/titles/035/articles/047/chapters/002/
If you do carry, carry safely. If you don't carry, I hope the reckless behavior does not return.
it stemmed from an incident that happened in 2005, was young and dumb. I have had a flawless record since then to include honorable military service. I have researched all the laws that you provided previously. I obviously think I should be able to get one, but I believe there will be some subjection depending on who looks at. I was just hoping to run across someone that may have been in a similar situation. Thanks for the feedback