The Clock Is Ticking - You May Only Have 30 Days to Appeal

Indiana Handgun License Lawyer

Handgun Licenses & Handgun License Appeals - Call (317) 202-1163

The attorneys at Keffer Hirschauer LLP understand your rights when it comes to an Indiana handgun license — from questions about obtaining a license to whether a license is even needed. But sometimes it’s not as simple as just submitting a handgun license application. Time is of the essence when appealing the denial of a handgun license. Don’t delay in seeking help to apply for an Indiana handgun license, renew your handgun license, or file an Indiana gun license appeal.

Denied a handgun license? Need to determine your eligibility? Call (317) 202-1163 today request your FREE case consultation.

An Indiana Handgun License and Your Constitutional Rights

The Second Amendment to the US Constitution confers on every US citizen the right to bear arms. The Constitution of the State of Indiana also grants the same right. But the right to arm oneself is not absolute. Federal and state laws impose limits by requiring licensure, approval, and, in some states, background checks. Examples of federal gun laws include:

Some Indiana state laws also affect your handgun license application:

If your circumstances change, these limitations may no longer apply. For example, if five years have passed since your domestic battery conviction, Indiana Code § 35-47-4-7 allows you to petition for your right to bear arms to be restored.

Navigating your rights and the various federal and state laws that impact your right to bear arms can be overwhelming. Assistance from an experienced Indiana handgun license lawyer who is also skilled at criminal defense is key to evaluating your circumstances and to determining the best path to exercising, retaining, or appealing your gun rights.

Who Can Obtain an Indiana Carry Permit?

To obtain an Indiana handgun license, you must meet the statutory definition of a “proper person” to carry a handgun. In Indiana, a “proper person” is defined at Indiana Code § 35-47-1-7 as a person who does not have any of the following:

  • A conviction for resisting law enforcement under Indiana Code § 35-33.1-3-1 within 5 years before applying for a license or permit
  • A conviction at any time for a crime for which the person could have been sentenced for more than 1 year
  • A conviction for a crime of domestic battery as defined by the Indiana Code unless a court has restored the applicant’s right to possess a firearm
  • A court order prohibiting you from possessing a handgun
  • A record of being an alcohol or drug abuser
  • Documented evidence that would lead to a reasonable belief that the person has a propensity for violent or emotionally unstable conduct
  • A false statement of material fact on the handgun license application
  • A conviction for any crime involving an inability to safely handle a handgun
  • A conviction for violation of the provisions of Indiana Code title 35 article 47 within five (5) years of the person's application
  • An adjudication as a delinquent child for an act that would be a felony if committed by an adult, if the person applying for a license or permit is younger than 23
  • A record of involuntarily commitment, other than a temporary commitment for observation or evaluation, to a mental institution
  • A record as the subject of (A) a 90-day commitment as the result of a proceeding brought under Indiana Code chapter 12-26-6 or (B) a regular commitment under Indiana Code chapter 12-26-7
  • Record of a court finding that you are mentally incompetent, including being found not guilty by reason of insanity, guilty but mentally ill, or incompetent to stand trial
  • Designation by a court as dangerous

A person with a record of any one of these is not necessarily barred from obtaining an Indiana handgun license. However, such an applicant may need to take additional steps to obtain a handgun license. Such additional steps include an Indiana gun license appeal.

The Indiana gun license attorneys at Keffer Hirschauer LLP will work to ensure your best chance at obtaining an Indiana carry permit. Our handgun license services include:

  • Applying for reinstatement of gun rights so that a person can again be considered a “proper person” to carry
  • Determining whether a felony that was reduced to a misdemeanor prevents an applicant from qualifying as a “proper person” to carry a handgun
  • Helping an applicant determine if any prior substance-related offenses are likely to disqualify
  • Checking for small errors in the application process, such as listing the wrong year or failing to include medical or work records
  • Investigating whether an applicant should pursue getting an expungement of a prior conviction

Keffer Hirschauer LLP has years of experience helping clients apply for and successfully obtain handgun licenses.

Applying for an Indiana Handgun License

Indiana does not require a permit for a person to purchase a firearm. Indiana also does not require that firearms be registered with the state.

Indiana does, however, require that a person have a license in order to carry a handgun. This is sometimes referred to as an Indiana carry permit. The process to obtain a handgun license or carry permit starts with the completion of a handgun license application.

The general steps to apply for a handgun license in Indiana are straightforward:

In Indiana, the licensing process is delegated to the Superintendent of the Indiana State Police. This is independent of any application for a federal firearms license. To get an idea of how many are approved, look at the ISP Firearms Licensing Statistics.

Your Indiana Gun License Appeal

Working with an Indiana handgun license attorney may result in your permit being granted. However, Indiana handgun licenses can also be denied. You have at most 60 days—sometimes only 30 days—to appeal the denial of your handgun license application. And while there’s an appeal process, it is different than the application process. Instead of using an online portal, denied applicant’s pursing an appeal must send a written request for review or appeal through the US mail.

Specific instructions on how to proceed with a gun license appeal are lacking. As a result, working with an experienced Indiana handgun license attorney to prepare for the appeals meeting and is especially helpful.

Although they are not spelled out on the handgun license portal, there are general steps to the appeal process:

  • Read the denial letter to identify the reason for the denial
  • Send a written appeal of the denial to the Indiana State Police Firearms License Unit
  • Receive and review an additional letter from the Indiana State Police, which will list any applicable statutes and set a meeting schedule (with date, time, and location) for the appeals process
  • Identify and gather the documentation to offer at the scheduled meeting
  • Identify and prepare your argument for the appeal

You may have legal representation at your appeals meeting. Given the open-ended appeal process, the assistance of experienced counsel can be advantageous.

The Indiana gun license attorneys at Keffer Hirschauer LLP regularly help clients prepare their Indiana handgun license appeals and represent clients at appeal meetings. Our clients also enjoy the benefit of our experience as criminal defense practitioners, which bolsters the legal support we provide in the gun license appeal process. Help from experienced counsel is key to ensuring you are fully ready and well represented to present your argument on appeal.

Your Indiana Handgun License Lawyer is at Keffer Hirschauer LLP

Although the Indiana firearms licensing process is straightforward for applying for a handgun, dealing with a denied gun permit is not. To avoid denial based on a preventable technicality or to pursue the appeal of a wrongfully denied handgun license application, contact an experienced Indiana gun license attorney as early in the process as possible. The Indiana gun license attorneys at Keffer Hirschauer LLP have the gun license and criminal defense experience to help you through the process by help you:

  • Identify and gather the necessary documentation for your handgun license application
  • Take steps to eliminate obstacles to eligibility for a handgun license in Indiana
  • Complete the application accurately and completely
  • Identify and understand the reason for the denial of a handgun license application
  • In the case of an Indiana gun license appeal, identify and prepare the best argument, gather the necessary documentation, and represent you at the appeal meeting

If you have been denied an Indiana handgun license or you are interested in obtaining a handgun license, take advantage of our experience and knowledge of state and federal firearms laws and broader criminal defense work.

For a free consultation, contact Keffer Hirschauer LLP by calling (317) 202-1163 or by using our online contact form.

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