A question to the Attornies

[kevman65]

I believe I know the answer, but I would prefer verification.

A young lady I know received a Class A Misdemeanor conviction for DUI. Her only charge and conviction in her life.
She has asked me if she is still eligible to receive an LTCH in Indiana.

Yes she is a lifelong resident.
Yes she is of legal age.

I "think" the answer is yes, but the A makes me come here to receive enlightenment.

Thank you in Advance,
Kevin

 

[chezuki]

IANAL, but 1 misdemeanor DUI doesn't disqualify someone from being a "proper person" per Indiana code.

IC 35-47-1-2
"Alcohol abuser"
Sec. 2. "Alcohol abuser" means an individual who has had two (2)
or more alcohol related offenses, any one (1) of which resulted in
conviction by a court or treatment in an alcohol abuse facility within
three (3) years prior to the date of the application.
As added by P.L.311-1983, SEC.32.

 

[mrjarrell]

She's good to go, she'll just have to remember to 'fess up to it on her application. Otherwise they'll gig her for it and she'll have to fight to get her license.

 

[kevman65]

Thank you both. What I couldn't find was any mention of A, B, C, or D coming into play.

 

[mrjarrell]

The level of the misdemeanor doesn't count for anything, for or against. The only things that count are felonies and Lautenberg disqualifications, as far as I know.

 

[rockhopper46038]

IC 35-47-1-7
"Proper person"
Sec. 7. "Proper person" means a person who:
(1) does not have a conviction for resisting law enforcement under IC 35-44.1-3-1 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 (as defined in IC 35-31.5-2-78), unless a court has restored the person's right to possess a firearm under IC 35-47-4-7;
(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 as defined in this chapter;
(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 as a result of proceeding under IC 12-26-6; or
(B) regular commitment under IC 12-26-7; 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; or
(C) incompetent to stand trial.


The Class A misdemeanor is punishable by prison term UP to a year, but not MORE THAN 1 year. I had to look it up. It appears she's good to go if nothing else applies.

 

[jbombelli]

Would a DUI count as having a record of being an alcohol abuser, as per #5?

 

[rockhopper46038]

Would a DUI count as having a record of being an alcohol abuser, as per #5?

Appears, no.

IC 35-47-1-2
"Alcohol abuser"
Sec. 2. "Alcohol abuser" means an individual who has had two (2) or more alcohol related offenses, any one (1) of which resulted in conviction by a court or treatment in an alcohol abuse facility within three (3) years prior to the date of the application.
As added by P.L.311-1983, SEC.32.

 

[TheSpark]

Just make sure to have her list the DUI on her application. If she doesn't it will be rejected. If she does it should be approved.

If it gets rejected she'll have to go through the appeal process in which she should be approved at that time.

 

[CitiusFortius]

IANAL, but 1 misdemeanor DUI doesn't disqualify someone from being a "proper person" per Indiana code.

A dui disqualifies them from being a "proper person" in my book. Good riddance to anybody stupid enough to put my family's life at risk because they don't want to use a designated driver. You really want somebody with that kind of judgement carrying a gun???

 

[chezuki]

A dui disqualifies them from being a "proper person" in my book.

Fortunately for some, your book isn't the one that matters.

 

[PistolBob]

A dui disqualifies them from being a "proper person" in my book. Good riddance to anybody stupid enough to put my family's life at risk because they don't want to use a designated driver. You really want somebody with that kind of judgement carrying a gun???

Get ready....

 

[chezuki]

Get ready....

Scooch over and save some for me!

 

[jdmack79]

A dui disqualifies them from being a "proper person" in my book. Good riddance to anybody stupid enough to put my family's life at risk because they don't want to use a designated driver. You really want somebody with that kind of judgement carrying a gun???

So because someone made a poor decision that "put your family's life at risk", you believe that their family should be at risk without protection from violent criminals?

 

[Cameramonkey]

So because someone made a poor decision that "put your family's life at risk", you believe that their family should be at risk without protection from violent criminals?

I think the logic is that a DUI offender may make OTHER stupid choices, and instead of driving over your family he will shoot them. (on accident, and/or due to poor judgement)

 

[db1959]

A dui disqualifies them from being a "proper person" in my book. Good riddance to anybody stupid enough to put my family's life at risk because they don't want to use a designated driver. You really want somebody with that kind of judgement carrying a gun???

How about someone who doesn't get caught? How's that work for you?

 

[ScouT6a]

People make mistakes. Hopefully they learn from them. I am pretty sure this is why the IC reads, "2 or more alcohol related offenses". <--slower learners.

 

[TheSpark]

I think the logic is that a DUI offender may make OTHER stupid choices, and instead of driving over your family he will shoot them. (on accident, and/or due to poor judgement)

Everyone makes mistakes and stupid choices. I don't believe a person convicted of a DUI is anymore likely commit a crime with a gun than anyone else. That being said, they should not be able to carry for a while after until they prove they can be responsible with alcohol.

 

[88GT]

Fortunately for some, your book isn't the one that matters.

Tru dat.


Will all those who have never made a stupid mistake, please raise his hand.

 

[nakinate]

Tru dat.


Will all those who have never made a stupid mistake, please raise his hand.

I only make intelligent mistakes.