5 Year Approved , Then Lifetime Denied?

[Jr1010]

To start off I just moved to Indiana (Lake County) a little over a year ago.

I just received a denial for my lifetime request, but my 5 year that I submitted last year was approved without maxing out the waiting period (i.e. the license was approved before statutory time period for "Shall Issue")

I can give more specifics later but biggest concerns are if this affects my the standing of my 5 year , if I should bother appealing (or just apply 1 year before my 5 year expires), and if I should look for a lawyer.

 

[BigRed]

I heard the lifetime is going away.



Where were you before Lake County?

 

[KellyinAvon]

To start off I just moved to Indiana (Lake County) a little over a year ago.

I just received a denial for my lifetime request, but my 5 year that I submitted last year was approved without maxing out the waiting period (i.e. the license was approved before statutory time period for "Shall Issue")

I can give more specifics later but biggest concerns are if this affects my the standing of my 5 year , if I should bother appealing (or just apply 1 year before my 5 year expires), and if I should look for a lawyer.

Just to be clear, your 5 year LTCH is still valid/you have not received notification that your 5 year LTCH has been suspended?

 

[Jr1010]

I heard the lifetime is going away.



Where were you before Lake County?

Kendall Co, Illinois

 

[Jr1010]

Just to be clear, your 5 year LTCH is still valid/you have not received notification that your 5 year LTCH has been suspended?

The only mail I received was about the lifetime.

I checked the ISP portal for my 5 year using the application number and it shows it in good standing.

 

[BigRed]

Kendall Co, Illinois

Congrats on your escape....hopefully the taint of that ******** did not stick to the soles of your boots.

 

[Jr1010]

Congrats on your escape....hopefully the taint of that ******** did not stick to the soles of your boots.

Thanks!

Unfortunately I go behind enemy lines every day (work in Chicago)

Most of Kendall county has smaller rural towns that are pretty nice , but being taxed to death , and ruined by Blue Springfield and Chicago.

 

[BigRed]

Thanks!

Unfortunately I go behind enemy lines every day (work in Chicago)

Most of Kendall county has smaller rural towns that are pretty nice , but being taxed to death , and ruined by Blue Springfield and Chicago.

Same **** is going on down state as well.

 

[KellyinAvon]

The only mail I received was about the lifetime.

I checked the ISP portal for my 5 year using the application number and it shows it in good standing.

This is new territory for me, have a 5 year in good standing and Lifetime gets denied is not logical. The same bars have to be met for both.

If you have a "please review" option I'd take it. If that fails, the attorney route includes Guy Relford. If freakin IU basketball doesn't preempt it, he has The Gun Guy show on WIBC Saturdays 1700-1900. You could call and ask if IU ain't dribbling over the time slot.

 

[Jr1010]

I submitted the appeal documents. They tagged me for the proper person clause, but I have never been charged for anything in Indiana, and anything I had from when I was younger was reported identically to my 5y application that was approved.

 

[KellyinAvon]

I submitted the appeal documents. They tagged me for the proper person clause, but I have never been charged for anything in Indiana, and anything I had from when I was younger was reported identically to my 5y application that was approved.

Please don’t take this the wrong way, but is a Paul Harvey moment coming? The rest of the story?

 

[Jr1010]

I don't get the reference, and I am only willing to share so much of my information. I do not have any assault charges or convictions, nor do I have any domestic abuse charges or convictions anywhere.


As stated prior, I entered any pertinent information, as required, identically to my 5 year application that was approved, and nothing changed between 5 year ltch & lifetime ltch. The last time anything happened was over 5 years before application date , in a different state.

 

[Jr1010]

To note, I have never had a denied 4473 either, about to fill out my 7th since moving here.

(Just in case anyone thought I was an 80% build & private sale only loop-holer)

 

[KellyinAvon]

To note, I have never had a denied 4473 either, about to fill out my 7th since moving here.

(Just in case anyone thought I was an 80% build & private sale only loop-holer)

Like I said don’t take it the wrong way, but things do come up when questions are asked about such things here at Ingo.

As swamped as the licensing people are, this could be one of the small percentage of mistakes. It could be a please be more specific as to why you denied this situation.

Paul Harvey was a radio personality for many years, his catchphrase was, and now you know the rest of the story.

As far as you being in the small percentage where the licensing people get it wrong, the late Jeff Cooper said, statistics are a little comfort if you are the notable exception.

 

[Jr1010]

Like I said don’t take it the wrong way, but things do come up when questions are asked about such things here at Ingo.

As swamped as the licensing people are, this could be one of the small percentage of mistakes. It could be a please be more specific as to why you denied this situation.

Paul Harvey was a radio personality for many years, his catchphrase was, and now you know the rest of the story.

As far as you being in the small percentage where the licensing people get it wrong, the late Jeff Cooper said, statistics are a little comfort if you are the notable exception.

I'm almost wondering if the current backlog has anything questionable flagged immediately to clear the way for the next application to be processed.

 

[HoughMade]

It's possible that a mistake was made on the Lifetime review...or the 5 year.

It doesn't matter where anything in you past happened. Here, there, anywhere...

According to the law, a "proper person":

(1) does not have a conviction for resisting law enforcement within five (5) years before the person applies for a license or permit under this chapter;

(2) does not have a conviction for a crime for which the person could have been sentenced for more than one (1) year;

(3) does not have a conviction for a crime of domestic violence unless a court has restored the person’s right to possess a firearm;

(4) is not prohibited by a court order from possessing a handgun;

(5) does not have a record of being an alcohol or drug abuser;

(6) does not have documented evidence which would give rise to a reasonable belief that the person has a propensity for violent or emotionally unstable conduct;

(7) does not make a false statement of material fact on the person’s application;

(8) does not have a conviction for any crime involving an inability to safely handle a handgun;

(9) does not have a conviction for violation of the provisions of this article within five (5) years of the person’s application;

(10) does not have 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 under this chapter is less than twenty-three (23) years of age;

(11) has not been involuntarily committed, other than a temporary commitment for observation or evaluation, to a mental institution by a court, board, commission, or other lawful authority;

(12) has not been the subject of a:

(A) ninety (90) day commitment;

(B) regular commitment; or

(13) has not been found by a court to be mentally incompetent, including being found:

(A) not guilty by reason of insanity;

(B) guilty but mentally ill;

(C) incompetent to stand trial; or

(14) is not currently designated as dangerous (as defined in IC 35-47-14-1) by a court following a hearing under IC 35-47-14-6.

If none of these could possibly apply, it was probably a mistake as to the Lifetime review. If any could possibly apply, then it was a mistake with the 5 year.

I don't know what your situation is/was, but #2 goes all the way back (as do many) and #5 may involve conviction for any alcohol or drug-related offense, felony or not. Possibly not even a conviction.

Of course, #7 kicks in when you answer a question in a certain way and they later get information that in inconsistent with any statement on the application.

 

[Bugzilla]

(6) does not have documented evidence which would give rise to a reasonable belief that the person has a propensity for violent or emotionally unstable conduct;

(11) has not been involuntarily committed, other than a temporary commitment for observation or evaluation, to a mental institution by a court, board, commission, or other lawful authority;


(13) has not been found by a court to be mentally incompetent, including being found:

Though Jr1010 theoretically moved out of Illinois on his own accord, wouldn’t living in that nut house of a state voluntarily for any amount of time flag the underlined above?

 

[Jr1010]

It's possible that a mistake was made on the Lifetime review...or the 5 year.

It doesn't matter where anything in you past happened. Here, there, anywhere...

According to the law, a "proper person":

(1) does not have a conviction for resisting law enforcement within five (5) years before the person applies for a license or permit under this chapter;

(2) does not have a conviction for a crime for which the person could have been sentenced for more than one (1) year;

(3) does not have a conviction for a crime of domestic violence unless a court has restored the person’s right to possess a firearm;

(4) is not prohibited by a court order from possessing a handgun;

(5) does not have a record of being an alcohol or drug abuser;

(6) does not have documented evidence which would give rise to a reasonable belief that the person has a propensity for violent or emotionally unstable conduct;

(7) does not make a false statement of material fact on the person’s application;

(8) does not have a conviction for any crime involving an inability to safely handle a handgun;

(9) does not have a conviction for violation of the provisions of this article within five (5) years of the person’s application;

(10) does not have 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 under this chapter is less than twenty-three (23) years of age;

(11) has not been involuntarily committed, other than a temporary commitment for observation or evaluation, to a mental institution by a court, board, commission, or other lawful authority;

(12) has not been the subject of a:

(A) ninety (90) day commitment;

(B) regular commitment; or

(13) has not been found by a court to be mentally incompetent, including being found:

(A) not guilty by reason of insanity;

(B) guilty but mentally ill;

(C) incompetent to stand trial; or

(14) is not currently designated as dangerous (as defined in IC 35-47-14-1) by a court following a hearing under IC 35-47-14-6.

If none of these could possibly apply, it was probably a mistake as to the Lifetime review. If any could possibly apply, then it was a mistake with the 5 year.

I don't know what your situation is/was, but #2 goes all the way back (as do many) and #5 may involve conviction for any alcohol or drug-related offense, felony or not. Possibly not even a conviction.

Of course, #7 kicks in when you answer a question in a certain way and they later get information that in inconsistent with any statement on the application.

Out of curiosity, could you provide any case info or law that specifies that Non-Indiana events would be considered as falling under" a conviction ... under IC 35-xx(insert any number)" It appears to me that the full text specifically defines conviction under listed Indiana statutes.

 

[HoughMade]

If you are talking about #3, that is 35-31.5-2-78. That is defined as:

“Crime of domestic violence”, for purposes of IC 5-2-6.1, IC 35-38-9, and IC 35-47-4-7, means an offense or the attempt to commit an offense that:
(1) has as an element the:
(A) use of physical force; or
(B) threatened use of a deadly weapon; and
(2) is committed against a family or household member, as defined in section 128 [IC 35-31.5-2-128] of this chapter.

Note that this is a definition of what qualifies as a crime of domestic violence under #3 (IC 35-47-4-7). Any crime, from anywhere that fits the definition qualifies under #3.

 

[Jr1010]

No, I think it's specifically about #1, but from more than 5 years ago so maybe it's a paperwork thing where it's the absolute last date in the system.