Indiana Handgun License Lawyer
The Clock Is Ticking – You May Only Have 30 Days to Appeal
Although Indiana has removed the requirement for an Indiana handgun license and Indiana carry permit, there are still limitations on who can buy and possess a gun in Indiana, including restrictions on those with criminal convictions on their record. Those with prior convictions may seek the restoration of their gun rights through expungement or a court order restoring their constitutional right to own, possess, and carry a gun. However, that process isn’t always straightforward and could require the expertise of an Indiana handgun license lawyer.
The attorneys at Keffer Hirschauer LLP can help you understand your rights when it comes to your Indiana gun laws, including questions about whether you need an Indiana handgun license or permit to buy, possess, or carry a gun. If you have had your gun rights taken away, we can determine what steps you need to take, if any, to legally possess and carry a handgun. Call us today at (317) 648-9560 or fill out this online contact form to schedule a free consultation.
Denied a handgun license? Need to determine your eligibility? Call (317) 857-0160 today request your FREE case consultation.
An Indiana Handgun License and Your Constitutional Rights
The Second Amendment to the US Constitution grants citizens the right to bear arms, as does the Constitution of the State of Indiana. 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:
- The Brady Handgun Violence Prevention Act (Brady Law)
- The National Firearms Act
- The Firearms Owners’ Protection Act (which pertains to silencers and machine guns)
Despite the elimination of the requirement to maintain a handgun license, some Indiana state laws still affect your gun rights:
- Indiana’s red flag law, known as the Jake Laird Law, allows law enforcement officers to confiscate temporarily the firearms of someone believed to be a danger to self or others
- Indiana Code 35-47-2-7 prohibits the sale or transfer of certain firearms to anyone with a felony conviction
- Indiana Code 35-47-4-5 prohibits a “serious violent felon” from possessing a firearm
- Indiana Code 35-47-2-1 revokes the right of convicted domestic battery offenders to carry or possess handguns, even within a dwelling
- Indiana Code 35-47-4-6 criminalizes possession of a firearm by a domestic battery offender
If your circumstances change, these restrictions 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 determining the best path to exercising, retaining, or appealing your gun rights.
Defend your 2nd Amendment Rights! Call (317) 857-0160 today request your FREE case consultation to restore your right to bear arms.
Removal of the Indiana Handgun License Requirement
To carry a gun in Indiana, you no longer must possess an Indiana carry permit or a concealed carry permit. In other words, if you are eligible to purchase or possess a gun, you no longer need to apply for a license to carry. Those who are eligible under the Indiana constitutional carry law, must be eighteen years of age or older and fall within Indiana’s definition of a proper person.
In Indiana, a “proper person” is defined under Indiana Code 35-47-1-7 as someone who does not have any of the following:
- Convictions for resisting arrest or other law enforcement actions under Indiana Code 35-44.1-3-1 within a five-year timeframe prior to application for a gun permit or license
- Convictions at any time for crimes that could result in a sentence of one year or more
- Convictions for crimes of domestic battery as defined under the Indiana Code, unless the right to possess a weapon has been restored
- Court orders prohibiting possession of a handgun
- Record establishing a person as a drug or alcohol abuser
- Documented evidence of violence or emotionally instability
- False statements on the handgun license application
- Convictions for crimes involving unsafe handling of a handgun
- Convictions for violations included in Indiana Code 35-47 within five years of the application
- Delinquent child adjudications for acts that are classified at the felony level for adult offenders, when the applicant is 23 or younger
- Records of involuntary commitment to mental institutions, with exceptions for temporary commitments for evaluation or observation
- Records related to mental health commitments as the result of a proceeding brought under Indiana Code 12-26-6 or Indiana Code 12-26-7
- Records of a court finding that you are mentally incompetent, including not guilty verdicts based on insanity or incompetence for trial
- Designation by a court as dangerous
A person with a record of any one of these is not necessarily barred from carrying their gun under the Indiana constitutional carry law. However, such a person may need to take additional steps to become a proper person and be eligible for permitless carry. Such additional steps include an Indiana expungement or sealing of their record.
The Indiana gun license attorneys at Keffer Hirschauer LLP will work to ensure your best chance at obtaining proper person status. Our Indiana 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
- 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. Contact us today at (317) 857-0160 to request your FREE consultation.
Reinstating Your Right to Carry a Handgun under Indiana Constitutional Carry Laws
Despite there being no requirement for an Indiana handgun license or Indiana carry permit, the law still bars gun purchase or possession by those who do not meet the definition of proper persons by law. Defendants who cannot possess or carry a gun due to failing the proper person test may have recourse to reinstate their right to carry a gun under the new Indiana constitutional carry law. The most common bar to qualifying as a proper person is having a conviction on your record.
The best path to restore your gun rights is generally through expungement of your felony record. However, those with a domestic battery conviction must pursue their gun rights restoration through a separate course of action.
In addition to meeting the requirement to submit a petition for an expungement, the defendant must file the petition with the clerk’s office in the county where he or she lives and pay the filing fee. After filing the petition, you will receive a hearing date, or, if the prosecutor does not object, the judge can grant an expungement without a hearing.
Felony convictions pose the most difficult challenge to restoring your gun rights. Fortunately, Indiana’s expungement law allows a person to petition the court to expunge or seal any existing convictions, making them a proper person who can carry a handgun.
To expunge a Level 6 felony, the defendant must wait eight years from the date of the conviction to file a petition. Those with a more serious felony conviction must wait ten years from their conviction or five years from the completion of their sentence to seek an expungement. All felons must establish the following to establish their right to an expungement:
- All portions of your sentence are complete
- No additional charges are pending
- No other convictions have been made in the past eight years or ten years, depending on the severity of your felony
Additionally, those with more serious felonies must obtain the prosecuting attorney’s written consent for an expungement. For help seeking a felony expungement, contact an experienced Indiana gun license attorney.
Domestic Violence Misdemeanors
Unlike other misdemeanors, convictions for domestic violence can bar people from being eligible for Indiana constitutional carry rights. While their record may not be expunged, the defendants can petition the court to restore their gun ownership rights.
In these cases, a defendant must wait five years from the date of conviction to pursue the restoration of gun rights. The court has broad discretion when granting the restoration of gun rights to a domestic violence defendant and may set conditions. Additionally, the judge will consider the following factors when deciding whether to restore your gun rights:
- Whether there is a court order against you, including restraining, no contact, and protective orders
- Whether you present a threat to the subject of your domestic violence crime
- Whether there is a reason why you should not possess a firearm
Contact an attorney if you have questions regarding your eligibility to restore your gun rights. Having an experienced handgun lawyer increases your chance of restoring your gun rights.
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Your Indiana Handgun License Lawyer is at Keffer Hirschauer LLP
While the Indiana firearms licensing process is rather straightforward, dealing with a denied Indiana gun permit is not. To avoid denials based on preventable technicalities or appeal a wrongfully denied handgun license application, contact an experienced attorney as soon as possible. The Indiana gun license attorneys at Keffer Hirschauer LLP could help you through the process by taking these actions:
- 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 need assistance understanding the new law eliminating the Indiana handgun license and how it impacts your rights, contact Keffer Hirschauer LLP. Our Indiana handgun license attorneys have experience and knowledge of state and federal firearms laws as well as broader criminal defense work. Call (317) 648-9560 or fill out this online contact form to schedule a free consultation.