Easy on the Trigger: Why a Handgun Permit Can be Denied?

January 08, 2017

By Keffer Hirschauer LLP

When it comes to handgun permits, Indiana is a “shall” issue State, which means that the State will issue a license if requested unless the individual is not a “proper person” pursuant to Indiana Code. The Indiana State Police is the agency in charge of regulating handgun permits and approving or denying those applications. There are approximately thirteen (13) reasons why a person is not a proper person to carry a firearm. The reasons include:

  • The individual has a conviction for a crime that carries a sentence of more than one year.
  • The individual has a conviction for resisting law enforcement within the last five years.
  • The individual has a conviction for a crime of domestic violence and has not had a court affirmatively restore his or her rights to possess a firearm.
  • The individual has a court order prohibiting the possession of a firearm (in some cases that is often a civil protective order).
  • The individual has a record of being an alcohol or drug abuser.
  • The individual makes a false of material fact on the permit application.
  • The individual has a conviction for a crime involving the improper or unsafe handling of a firearm.
  • The individual has a propensity for violent or emotionally unstable conduct.
  • The individual has been committed to a mental institution by a lawful authority, which does not include a temporary commitment for observation or evaluation.
  • The individual has an adjudication as a child that would be a felony if committed by an adult. It is important to note that this only applies if the person is less than 23 at the time of the application.
  • The individual has been involuntarily committed.
  • The individual has been the subject of a ninety (90) day commitment or regular commitment.
  • The individual has been found by a court to be mentally-incompetent.

The facts of each case are different and must be addressed individually. There are and may be some circumstances were individuals are within their lawful right to apply for and receive their handgun permit despite an initial determination that their application should be denied. For example, what constitutes “violent or emotional unstable conduct” is subject to interpretation and requires evidence in support of that claim. While that determination is initially made by the Indiana State Police, a judge or judges ultimately decide whether a person is a proper person if an individual appeals the initial determination by the State Police. While the application process can begin online at http://www.in.gov/isp/2829.htm, it can often end at an attorney’s office. If you have questions or concerns about whether you are entitled to receive a handgun permit in Indiana, you should seek out an experienced Indiana firearms law attorney to assist you.

Contact us today if you have questions or believe your constitutional, criminal, or gun rights have been violated. We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individualized case. Act now and contact us today at (317) 857-0160.