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Current LTCH Wait
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MisterChester
Master
In addition to what Lectric said, it will depend on how quick the PD you were arrested from reports it to ISP. It probably wouldn't hurt to contact them to let them know what you're doing, it might save them some time.
Wheeler-Dealer
Marksman
WELL...my LTCH didn't come today...like it was supposed to...so if it doesn't show tomorrow I'll have to make some more calls and see what the hold up is now.
I figure an extra day or 2...for the mail system to get it to me, isn't too awfully terrible (considering I've waited 8 months now...although I could drive out and pick it up in a little over an hour ! LOL)
John, Firstly...forgive me if my post reads as long as a novel, but there is ALOT to cover in your question..so here's my 2 cents (I'm not a Lawyer-but I did stay in a Holiday Inn last night)
If I'm reading your post correctly, you state that you were initially CONVICTED of the FELONY...and then 1.5 years later it was reduced (after probation completion) to a misdemeanor.
Is this correct?
If so...it might be best for you to list the conviction "as it was"...which was "FELONY conviction that was Reduced to a Misdemeanor Conviction after completion of 18 month probation"....(or whatever the particulars were).
If you were "CHARGED" with a felony....but your "CONVICTION" was reduced to a misdemeanor from the get-go...I think that then you could probably just list it as a misdemeanor. (In other words if you were never listed as having a "FELONY CONVICTION" I think that you could list yours as being just a misdemeanor Conviction)
But since you actually spent 1.5 yrs with a FELONY conviction on your record...they're probably going to look at this one differently
I say this because NO MATTER WHAT...they're going to check you out. Since you had to admit to having a criminal record...they are going to check it out very closely now (Closer than what the Federal Background Checks do)...they will get all pertinent info about your conviction or convictions from the County or Counties that they occurred in).
They will obtain the complete record any CHARGE that you've had and any CONVICTION, so they will know exactly what is or isn't on your record.
We've found out that they even obtain juvenile records from many applicants.
Like anything else, I'm sure that SOME have slipped thru the cracks, but for the most part they are all over it when it comes to dealing with Applicants that have Criminal Records.
So, in my opinion, you really don't want them to be able to instantly deny you because you (According to them) "Lied on your Permit Application" (which, I'm guessing, is what they'll say if you don't list the felony conviction)
I'm guessing that you'll probably get denied either way (because of the Felony Conviction) and you will then have to appeal this one.
I'd suggest getting an attorney who knows the LTCH process very, VERY well. (and to be honest, he may say that all is lost because of the FELONY CONVICTION.
As to whether or not your previous LTCH was suspended....I'd say that if it wasn't SUSPENDED before (because they didn't catch your conviction) it more than likely will go into "SUSPENDED" status once they see that you were convicted unless you notified the ISP Superintendent and informed him, in writing, of your Conviction within the Alotted time frame that is given.
Even if you did contact the Superintendent in the time frame allotted, I'm guessing, that the Felony conviction would've changed your LTCH permit status to "SUSPENDED" as soon as they found out.
Here's the Statute that pertains to that (I've bolded the part that pertains to what I'm talking about):
IC 35-47-2-3 Version a
Subsection: (i) If a person who holds a valid license to carry a handgun issued
under this chapter:
(1) changes the person's name;
(2) changes the person's address; or
(3) experiences a change, including an arrest or a conviction,
that may affect the person's status as a proper person (as defined
in IC 35-47-1-7) or otherwise disqualify the person from
holding a license;
the person shall, not later than thirty (30) days after the date of a
change described under subdivision (3), and not later than sixty (60)
days after the date of the change described under subdivision (1) or
(2), notify the superintendent, in writing, of the event described
under subdivision (3) or, in the case of a change under subdivision
(1) or (2), the person's new name or new address.
Here's the Indiana Code about Felony Convictions:
IC 35-47-2-3 Version a
Subsection:
(g) A license to carry a handgun shall not be issued to any person
who:
(1) has been convicted of a felony;
(2) has had a license to carry a handgun suspended, unless the person's license has been reinstated;(3) is under eighteen (18) years of age;
(4) is under twenty-three (23) years of age if the person has been adjudicated a delinquent child for an act that would be a felony if committed by an adult; or
(5) has been arrested for a Class A or Class B felony for an
offense committed before July 1, 2014, for a Level 1, Level 2,
Level 3, or Level 4 felony for an offense committed after June
30, 2014, or any other felony that was committed while armed
with a deadly weapon or that involved the use of violence, if a
court has found probable cause to believe that the person
committed the offense charged.
In the case of an arrest under subdivision (5), a license to carry a
handgun may be issued to a person who has been acquitted of the
specific offense charged or if the charges for the specific offense are
dismissed. The superintendent shall prescribe all forms to be used in
connection with the administration of this chapter.
I believe that even if your Conviction was later reduced...they might try to say that you were still CONVICTED of a felony which is an automatic disqualifier in Indiana (from what I've read and been told anyways).
The problem here is that once you're convicted of a FELONY...it totally changes the whole ballgame when it comes to your 2nd amendment rights.
I know that everyone used to say that there was a FEDERAL LAW that stated that a convicted felon cannot own a firearm of any kind.
But I know that some states have addressed this law and made provisions to allow some types of ownerships (not sure how they can supercede a FEDERAL law though?)
I've read, in some states, that you are allowed to own a cap and ball musket though.
I'm sure there are ways around this law or that law, with the right attorney's and enough money, but I'm not sure how that all works ??
I wish you luck with however you choose to move forward.
EDIT: I've found the Federal Law info about owning any gun with a felony conviction...this is from a North Carolina attorney's website that pertains to Federal Gun Laws...Here's a link to it if you'd like to read other info- http://www.williamslawonline.com/Press-Room/Top-10-Things-Know-About-Federal-Gun-Law.shtml :
1. No guns for felons. Most of us are familiar with the rule that a convicted felon cannot possess a gun. The federal rule is found in one of the main firearm statutes:
18 U.S.C. § 922(g)(1). It says that anyone "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" is barred from possessing a gun. The only felonies that are not covered by the federal gun ban are 1) those "pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices," per 18 U.S.C. § 921(a)(20)(A); and 2) felony convictions from foreign countries, per Small v. United States, --- U.S. ---, 2005 WL 946620 (April 26, 2005).
I think that you need to talk to an attorney and find out about the procedure to have your "Gun Ownership Rights" restored.
Do this, just in case they deny you and decide to say that you're not a "proper person" (or, in otherwords, in case they claim that you're not eligible to be granted a LTCH permit. Or, worse yet, they may even try to deny you your gun ownership rights by stating that you have a former Felony Conviction. (you never know what they might say or do, so it's best to be prepared)
This (restoration of gun ownership rights) is POSSIBLE to do...especially since your 1.5 year Felony Conviction was later reduced to a Misdemeanor Conviction after the successful completion of your Probation.
Don't get discouraged, even if you're denied.
Just know going in that it may take some time and a little bit more money for you to restore your rights properly. Consider it an "education" fee. A fee for learning life lessons.
That's the way that I look at my prior Criminal Conviction..because that's exactly what it was !
It taught me, rather early on in my life, that our actions can cost us dearly for the rest of our lives and I just chalked it up as a learning experience that I was lucky to come away from with minimal damages.
I figure an extra day or 2...for the mail system to get it to me, isn't too awfully terrible (considering I've waited 8 months now...although I could drive out and pick it up in a little over an hour ! LOL)
John, Firstly...forgive me if my post reads as long as a novel, but there is ALOT to cover in your question..so here's my 2 cents (I'm not a Lawyer-but I did stay in a Holiday Inn last night)
If I'm reading your post correctly, you state that you were initially CONVICTED of the FELONY...and then 1.5 years later it was reduced (after probation completion) to a misdemeanor.
Is this correct?
If so...it might be best for you to list the conviction "as it was"...which was "FELONY conviction that was Reduced to a Misdemeanor Conviction after completion of 18 month probation"....(or whatever the particulars were).
If you were "CHARGED" with a felony....but your "CONVICTION" was reduced to a misdemeanor from the get-go...I think that then you could probably just list it as a misdemeanor. (In other words if you were never listed as having a "FELONY CONVICTION" I think that you could list yours as being just a misdemeanor Conviction)
But since you actually spent 1.5 yrs with a FELONY conviction on your record...they're probably going to look at this one differently
I say this because NO MATTER WHAT...they're going to check you out. Since you had to admit to having a criminal record...they are going to check it out very closely now (Closer than what the Federal Background Checks do)...they will get all pertinent info about your conviction or convictions from the County or Counties that they occurred in).
They will obtain the complete record any CHARGE that you've had and any CONVICTION, so they will know exactly what is or isn't on your record.
We've found out that they even obtain juvenile records from many applicants.
Like anything else, I'm sure that SOME have slipped thru the cracks, but for the most part they are all over it when it comes to dealing with Applicants that have Criminal Records.
So, in my opinion, you really don't want them to be able to instantly deny you because you (According to them) "Lied on your Permit Application" (which, I'm guessing, is what they'll say if you don't list the felony conviction)
I'm guessing that you'll probably get denied either way (because of the Felony Conviction) and you will then have to appeal this one.
I'd suggest getting an attorney who knows the LTCH process very, VERY well. (and to be honest, he may say that all is lost because of the FELONY CONVICTION.
As to whether or not your previous LTCH was suspended....I'd say that if it wasn't SUSPENDED before (because they didn't catch your conviction) it more than likely will go into "SUSPENDED" status once they see that you were convicted unless you notified the ISP Superintendent and informed him, in writing, of your Conviction within the Alotted time frame that is given.
Even if you did contact the Superintendent in the time frame allotted, I'm guessing, that the Felony conviction would've changed your LTCH permit status to "SUSPENDED" as soon as they found out.
Here's the Statute that pertains to that (I've bolded the part that pertains to what I'm talking about):
IC 35-47-2-3 Version a
Subsection: (i) If a person who holds a valid license to carry a handgun issued
under this chapter:
(1) changes the person's name;
(2) changes the person's address; or
(3) experiences a change, including an arrest or a conviction,
that may affect the person's status as a proper person (as defined
in IC 35-47-1-7) or otherwise disqualify the person from
holding a license;
the person shall, not later than thirty (30) days after the date of a
change described under subdivision (3), and not later than sixty (60)
days after the date of the change described under subdivision (1) or
(2), notify the superintendent, in writing, of the event described
under subdivision (3) or, in the case of a change under subdivision
(1) or (2), the person's new name or new address.
Here's the Indiana Code about Felony Convictions:
IC 35-47-2-3 Version a
Subsection:
(g) A license to carry a handgun shall not be issued to any person
who:
(1) has been convicted of a felony;
(2) has had a license to carry a handgun suspended, unless the person's license has been reinstated;(3) is under eighteen (18) years of age;
(4) is under twenty-three (23) years of age if the person has been adjudicated a delinquent child for an act that would be a felony if committed by an adult; or
(5) has been arrested for a Class A or Class B felony for an
offense committed before July 1, 2014, for a Level 1, Level 2,
Level 3, or Level 4 felony for an offense committed after June
30, 2014, or any other felony that was committed while armed
with a deadly weapon or that involved the use of violence, if a
court has found probable cause to believe that the person
committed the offense charged.
In the case of an arrest under subdivision (5), a license to carry a
handgun may be issued to a person who has been acquitted of the
specific offense charged or if the charges for the specific offense are
dismissed. The superintendent shall prescribe all forms to be used in
connection with the administration of this chapter.
I believe that even if your Conviction was later reduced...they might try to say that you were still CONVICTED of a felony which is an automatic disqualifier in Indiana (from what I've read and been told anyways).
The problem here is that once you're convicted of a FELONY...it totally changes the whole ballgame when it comes to your 2nd amendment rights.
I know that everyone used to say that there was a FEDERAL LAW that stated that a convicted felon cannot own a firearm of any kind.
But I know that some states have addressed this law and made provisions to allow some types of ownerships (not sure how they can supercede a FEDERAL law though?)
I've read, in some states, that you are allowed to own a cap and ball musket though.
I'm sure there are ways around this law or that law, with the right attorney's and enough money, but I'm not sure how that all works ??
I wish you luck with however you choose to move forward.
EDIT: I've found the Federal Law info about owning any gun with a felony conviction...this is from a North Carolina attorney's website that pertains to Federal Gun Laws...Here's a link to it if you'd like to read other info- http://www.williamslawonline.com/Press-Room/Top-10-Things-Know-About-Federal-Gun-Law.shtml :
1. No guns for felons. Most of us are familiar with the rule that a convicted felon cannot possess a gun. The federal rule is found in one of the main firearm statutes:
18 U.S.C. § 922(g)(1). It says that anyone "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" is barred from possessing a gun. The only felonies that are not covered by the federal gun ban are 1) those "pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices," per 18 U.S.C. § 921(a)(20)(A); and 2) felony convictions from foreign countries, per Small v. United States, --- U.S. ---, 2005 WL 946620 (April 26, 2005).
I think that you need to talk to an attorney and find out about the procedure to have your "Gun Ownership Rights" restored.
Do this, just in case they deny you and decide to say that you're not a "proper person" (or, in otherwords, in case they claim that you're not eligible to be granted a LTCH permit. Or, worse yet, they may even try to deny you your gun ownership rights by stating that you have a former Felony Conviction. (you never know what they might say or do, so it's best to be prepared)
This (restoration of gun ownership rights) is POSSIBLE to do...especially since your 1.5 year Felony Conviction was later reduced to a Misdemeanor Conviction after the successful completion of your Probation.
Don't get discouraged, even if you're denied.
Just know going in that it may take some time and a little bit more money for you to restore your rights properly. Consider it an "education" fee. A fee for learning life lessons.
That's the way that I look at my prior Criminal Conviction..because that's exactly what it was !
It taught me, rather early on in my life, that our actions can cost us dearly for the rest of our lives and I just chalked it up as a learning experience that I was lucky to come away from with minimal damages.
Last edited:
Wheeler-Dealer
Marksman
That's some good news....congrats on getting something moving forward nightwindrc !
buckhunter21
Marksman
My sister in law got her LTCH last week. 6 week total wait. L1 prints, no criminal history, ect. When she completed her final payment she was told she would get it around November. To say she (as well as me) was surprised would be an understatement.
Lectric102002
Master
Thanks for the wealth of information there. I actually have already completed the application and listed the charge as a misdemeanor, hopefully it will slide through that way. I asked the question because as you have stated I technically was charged with a felony, however it was a court agreement to drop the charge to a misdemeanor given my good behavior. My attorney at the time said I got the worst prosecutor possible and she would try to make an example out of me, and well she did. It was my first criminal offense, hell I hadn't even had a ticket. I will say the way that situation was handled really put a bad taste in my mouth regarding our judicial system, however I was guilty of the crime (had just a few grams over the "misdemeanor" limit) so I took the punishment and made a point to change my ways. I was a dumb kid who made some dumb mistakes that hurt no one but myself, and to think the may hinder my ability to legally carry now really boils my blood.
Anyhow, thats life. I will schedule my L1 now that I know the $84.95 fee includes the state fee in it. I guess I'll just fight to long road and battle and see where it gets me.
Lectric102002
Master
They have their own locations. I know I had to go to a hotel in Brownsburg. They were set up in one of the meeting rooms.
I think their locations are on the website.
http://www.identogo.com/
MisterChester
Master
I went to that hotel too. It was dead quiet when I got there, thought I had gone to the wrong place.
Wheeler-Dealer
Marksman
It's HERE....It's HERE !!!
YEP....MY LTCH PERMIT has ARRIVED !
Final Stats are:
Filed my LTCH App online on 12-30-12
Fingerprints done via L1 on 01-07-13
ISP RECEIVED the app on 01-14-13
I have minor criminal history in the form of a single, non-violent, misdemeanor that happened over 23 years ago.
LTCH Permit Issued on 08-23-2013
LTCH Permit Received on 08-28-2013
To keep with my tradition of listing alternative time increments, the final wait time would be ROUGHLY:
7 MONTHS + 15 DAYS, or,
32 WEEKS + 3 DAYS, or,
227 DAYS, or,
5448 HOURS, or,
326,880 MINUTES, or,
19,612,800 SECONDS
You're Welcome!
I think that you're looking at it all with the correct attitude and I hope you are allowed to get yours based on the Misdemeanor Reduction.
If not, I think that you're going to be successful with getting your "Civil Rights Restoration".
I believe that's the actual "legal term" for the process you might need to go through to have the state restore your Rights such as Gun Ownership, LTCH Permit Eligibility and possibly other Rights such as maybe your Voting Rights even !
I also forgot to ask you currently have the Right to Vote or not (which would also help to determine if they're calling your situation a Felony Conviction or a Misdemeanor Conviction)
Good Luck
YEP....MY LTCH PERMIT has ARRIVED !
Final Stats are:
Filed my LTCH App online on 12-30-12
Fingerprints done via L1 on 01-07-13
ISP RECEIVED the app on 01-14-13
I have minor criminal history in the form of a single, non-violent, misdemeanor that happened over 23 years ago.
LTCH Permit Issued on 08-23-2013
LTCH Permit Received on 08-28-2013
To keep with my tradition of listing alternative time increments, the final wait time would be ROUGHLY:
7 MONTHS + 15 DAYS, or,
32 WEEKS + 3 DAYS, or,
227 DAYS, or,
5448 HOURS, or,
326,880 MINUTES, or,
19,612,800 SECONDS
You're Welcome!
I think that you're looking at it all with the correct attitude and I hope you are allowed to get yours based on the Misdemeanor Reduction.
If not, I think that you're going to be successful with getting your "Civil Rights Restoration".
I believe that's the actual "legal term" for the process you might need to go through to have the state restore your Rights such as Gun Ownership, LTCH Permit Eligibility and possibly other Rights such as maybe your Voting Rights even !
I also forgot to ask you currently have the Right to Vote or not (which would also help to determine if they're calling your situation a Felony Conviction or a Misdemeanor Conviction)
Good Luck
Last edited:
horsehaulin
Expert
congrats!It's HERE....It's HERE !!!
YEP....MY LTCH PERMIT has ARRIVED !
Final Stats are:
Filed my LTCH App online on 12-30-12
Fingerprints done via L1 on 01-07-13
ISP RECEIVED the app on 01-14-13
I have minor criminal history in the form of a single, non-violent, misdemeanor that happened over 23 years ago.
LTCH Permit Issued on 08-23-2013
LTCH Permit Received on 08-28-2013
To keep with my tradition of listing alternative time increments, the final wait time would be ROUGHLY:
7 MONTHS + 15 DAYS, or,
32 WEEKS + 3 DAYS, or,
227 DAYS, or,
5448 HOURS, or,
326,880 MINUTES, or,
19,612,800 SECONDS
You're Welcome!
I think that you're looking at it all with the correct attitude and I hope you are allowed to get yours based on the Misdemeanor Reduction.
If not, I think that you're going to be successful with getting your "Civil Rights Restoration".
I believe that's the actual "legal term" for the process you might need to go through to have the state restore your Rights such as Gun Ownership, LTCH Permit Eligibility and possibly other Rights such as maybe your Voting Rights even !
I also forgot to ask you currently have the Right to Vote or not (which would also help to determine if they're calling your situation a Felony Conviction or a Misdemeanor Conviction)
Good Luck
Lectric102002
Master
It's HERE....It's HERE !!!
YEP....MY LTCH PERMIT has ARRIVED !
Well, I'll be dipped. 'Bout freakin time.
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