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  • LP1

    Master
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    3   0   0
    Sep 8, 2010
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    Friday Town
    It is in a misdemeanor, which is not a disqualifier on a 4473. However, IIRC having had a conviction for carrying a handgun without a license makes you not a proper person under Indiana law for a term of years and so you generally cannot be issued a LTCH during that time.

    Question 11c says felony or any other crime for which the judge could sentence you to more than one year. To my untrained legal mind, that sounds like a misdemeanor could disqualify if the possible sentence is more than one year. So back to a slightly modified version of the original question - is that level of misdemeanor punishable by imprisonment for more than one year?
     

    MCgrease08

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    37   0   0
    Mar 14, 2013
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    Earth
    70c4e019-60ff-45d2-847b-85b4c20d3bc0.jpg

    How many times a day do you think this dude's watch falls off?
     

    Vigilant

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    21   0   0
    Jul 12, 2008
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    Plainfield
    Question 11c says felony or any other crime for which the judge could sentence you to more than one year. To my untrained legal mind, that sounds like a misdemeanor could disqualify if the possible sentence is more than one year. So back to a slightly modified version of the original question - is that level of misdemeanor punishable by imprisonment for more than one year?
    Some states have misdemeanors that you can be imprisoned for more than 1 year. Indiana is not one of those, maximum sentence for a misdemeanor is one year/365 days.
     

    Fargo

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    13   0   0
    Mar 11, 2009
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    In a state of acute Pork-i-docis
    Question 11c says felony or any other crime for which the judge could sentence you to more than one year. To my untrained legal mind, that sounds like a misdemeanor could disqualify if the possible sentence is more than one year. So back to a slightly modified version of the original question - is that level of misdemeanor punishable by imprisonment for more than one year?
    There are no misdemeanors under Indiana law which carry a sentence of more than one year imprisonment. The highest level of misdemeanor "A" carries a sentence of no more than 365 days, which is the classification which carrying a handgun without a license falls in.

    Under certain circumstances, a judge can run sentences on multiple misdemeanor counts consecutively resulting in a aggregate sentence of over one year. However, since none of the crimes themself carry such a sentence, they do not disqualify under the federal statute.

    Edit: If a habitual vehiclular substance offender enhancement is added to an OWI misdemeanor, the aggregate sentence can exceed one year. I do not know how the feds treat sentence enhancements when the underlying crime itself cannot receive any more than 365 days imprisonment.
     
    Last edited:

    jagee

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    24   0   0
    Jan 19, 2013
    44,473
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    New Palestine
    NSFW (by today's standards)
    [video=youtube;952h-AJ3Bcg]http://www.youtube.com/watch?v=952h-AJ3Bcg[/video]

    The numbers don't make sense...

    5 big dudes come strollin in with drunk chick and green teeth...but the last thing he wanted to do was get in a fight specially when there was 3 of them and only 1 of me. What happened to the other 2 dudes? :dunno:
     

    russc2542

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    24   0   0
    Oct 24, 2015
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    Columbus
    I'm not being snarky or disrespectful, truly asking. I thought you do have discression?
    Not that this guy deserved it.

    Discretion ends when the offending party makes themselves known.

    similar case for a shop teacher friend of mine. he found a chew-bottle/spittoon in tho shop. told the whole class (summarized) "what you do is your own business but don't bring it here or let me see you doing it because then I have to do something about it." what happens next? the dumb*** that left it stands up and says "sorry, that's mine". :facepalm:

    didn't read the rest of the thread.
     
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