If a felony conviction is dropped to a misdemeanor, can you get a LTCH?

[38special]

Ok, first - this is not me. I don't even have anything worse than a speeding ticket on my record!

I have a friend who had a stupid-period when he was younger. He's 30 now and I believe he was 25 at the time. He had a motorcycle stolen and the police never found it so he was angry at the world and stole some cabinets. I'm not justifying his stupid actions - just explaining the situation.

He actually ended up turning himself in when they were looking for the stuff (maybe they had an idea it was him - not sure), but he voluntarily came in and was charged with felony possession of stolen property.

He had other minor misdemeanors on his record before (no violent/domestic crimes). The judge told him he didn't understand why a guy who seems like such a nice kid would have a bad record and he genuinely thought my friend was a good guy. The judge said it's a felony charge now, and if you stay out of trouble for some period of time (I think it was a year and a half) he'd drop it down to a misdemeanor.

So, my friend stayed out of trouble, and had it dropped to a misdemeanor. He settled down and hasn't been in any sort of trouble since. Finally grew up!

So here's my question: is he eligible for a LTCH?

He *has* been convicted of a felony. He's no longer a felon, but he was convicted and had the charges lessened at the time through some sort of deferral through the judge.

He applied about a year ago and was denied but he put "NO" on the section asking if he'd been convicted of a felony, thinking it was ok because it had been dropped. I told him this a big no-no and probably why he was denied. He has to put "YES" in response to that question.

Maybe I'm wrong and he was denied simply because he has been convicted of a felony at some point in the past.

I realize you're not lawyers, but I thought this might be something someone knew.

Otherwise, have a decent (cheap) lawyer I can contact? If it's possible, I'd get it done for him for Christmas.

 

[Wabatuckian]

He will need a waiver, and that could take some time.

Josh

 

[JoshuaW]

He needs to appeal the denial. It sounds like me MIGHT be a proper person, but he may not be if the misdemeanor charge could have still carried a sentence of over one year.

 

[ghille45]

how about felony charges but no conviction?

 

[j706]

He needs to appeal the denial. It sounds like me MIGHT be a proper person, but he may not be if the misdemeanor charge could have still carried a sentence of over one year.

One year is the MAX on any misdemeanor.

 

[JoshuaW]

One year is the MAX on any misdemeanor.

Just repeating my understanding about what would make you not a proper person. A felon OR someone who had a conviction that could carry a penalty of one or more years.

 

[sloughfoot]

One of my customers convinced himself that he was convicted of Felony Burglary 30 years ago. He went before the Judge, etc. Trouble is, he never did any time, real or probation. Somethings not right, right?

I called the courthouse and the court records only indicated the reduced charge and misdemeanor conviction. (I did more than that, but I'm not disclosing the real story) Turns out, he is not a felon like he thought.

Your friend does not need a lawyer to check on his own record. He can go to the courthouse and get a copy of his record by himself. He can then either go on with his life or get the record changed, if he can. he will need a lwayer to get the record changed, if possible. The lawyer will know... Anyway, the only thing that counts is what is on the record.

BTW, all you gun dealers owe me commission because my customer has been buying guns and stuff like crazy ever since he found out he could. I'll bet he has spent 20 grand in the last year or so..

Anyway, good luck.

 

[IndianaGTI]

I have seen people denied for misdemeanor convictions.

 

[ATF Consumer]

Just repeating my understanding about what would make you not a proper person. A felon OR someone who had a conviction that could carry a penalty of one or more years.

Or if you are a drunk or substance abuser.

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 35-44-3-3 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 35-41-1-6.3), 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; or
(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.
As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984, SEC.1; P.L.148-1987, SEC.3; P.L.269-1995, SEC.5; P.L.49-2005, SEC.1; P.L.118-2007, SEC.34.

 

[The Keymaster]

Just repeating my understanding about what would make you not a proper person. A felon OR someone who had a conviction that could carry a penalty of one or more years.

It's actually MORE than one year, not one or more years.

 

[scionxb]

What if you were in anger management, in the 7th grade, long story short, I have no dad 7th grade english teacher pushed me on why it was my fault, I went off and threw a desk, she feared for her life, so AM for a few weeks and sent with a clean slate, am I still ok for my ltch

 

[Wabatuckian]

If that's all it is, then you should be OK, Scion. If you've ever been in jail or charged with anything else, you'll need to check into your record.

But hell, a teacher slammed me against the wall in high school. I dropped him in self-defense and went right to the office and reported it. The teacher no longer works there.

But anyway, check your record. If you have any questions, call a lawyer. Long answer short, if you've not had any AM probs since and no misdemeanors nor felonies (in short, if you're a proper person as defined above) you should be good to go.

If you're denied a permit, you can appeal it. They will then tell you why you are not a "proper person."

Josh

 

[scionxb]

Ok thanks, that's what I figured but was not sure I'm going to get my ltch in about 2 weeks so let's hope all goes well

 

[IndyGunner]

(5) does not have a record of being an alcohol or drug abuser as defined in this chapter;

Does that include a minor consumption with a brethalizer of .02 if you were 17 and are now 21? Because that would suck... for my... friend.

 

[Timjoebillybob]

One year is the MAX on any misdemeanor in Indiana.

FTFY There is a state or 2 or ? that does have misdemeanors that carry a penalty of more than one year. I'll try to look them up.

(5) does not have a record of being an alcohol or drug abuser as defined in this chapter;

Does that include a minor consumption with a brethalizer of .02 if you were 17 and are now 21? Because that would suck... for my... friend.

Depends, was that his only alcohol related offense? Per IN code an alcohol abuser is

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.

If that is your "friends" only thing that meets the description, than no. If your "friend" has more than one and the last one was within 3 years maybe. It may also depend if he was adjudicated as a minor or tried as an adult.

 

[esigler]

In 1987 I was 18, I was charged with a class D, the judge said if I do the probation with no probs, pay restitution he would reduce it to a mis. I did my part he did his, I am a "proper" person. I was approved by the "City of Elkhart" to be a police officer. I did have to argue with NICS once, but that's all straightened out.

 

[IndyGunner]

Depends, was that his only alcohol related offense? Per IN code an alcohol abuser is
If that is your "friends" only thing that meets the description, than no. If your "friend" has more than one and the last one was within 3 years maybe. It may also depend if he was adjudicated as a minor or tried as an adult.

Yes thats my "friends" only run in with the law besides a speeding ticket. "He" was put on 6 months of probation and given a ticket and a class. Everything was completed on time and respectfully. I dont believe its even still on "his" record. Thanks for the info buddy.

 

[johnjw77]

Sorry to resurrect a dead thread but I was curious if the OP had an update on whether or not his friend was ever able to secure his LTCH.

P.S. I tried to send you a message but your inbox is full.

I ask because I was recently denied through NICS and the reasoning was in short "conviction of a crime punishable for more than one year imprisonment". I (like your friend) was convicted of a class D felony in 2003 for possession of maj. After 18 months probation I was eligible for alternate misdemeanor sentencing per the original plea. My case seems identical to your friends outside the charge, so I was just curious if you had any news on what has happened since 2010?

 

[public servant]

I (like your friend) was convicted of a class D felony in 2003 for possession of maj.

How many grams? Prior conviction? Just curious.

 

[fundy87]

I had a felony right after I turned 18, I did my time, then served my country to make myself a better person. After I was honorably discharged, my felony was reduced. It took a long time, but I got my lifetime LTCH 13 months after I applied. Everyone's case is different.