Proper person vs prohibited person

[huntall50]

What the differences in definition and restrictions?

 

[mskendall]

Yes!

 

[Shadow8088]

one would assume that a "Proper Person" is one that hasn't done anything that would negate his right to own a firearm.... which would mean.... I think you can fill in the rest.. however

IANALAIDSIAHILN

 

[figley]

dictionary

There's probably access to Indiana Code online also.

 

[Frank_N_Stein]

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.
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; P.L.127-2011, SEC.3; P.L.114-2012, SEC.139; P.L.126-2012, SEC.57.
<A name=IC35-47-1-8>IC 35-47-1-8

There isn't a specific definition of "prohibited person" in the Indiana Code that I could find. I think it is safe to assume that any person that isn't deemed a proper person and issued an LTCH is a prohibited person.

 

[Kirk Freeman]

One is state, one is federal.

Only a proper person may carry a handgun in Indiana.

An improper person may not carry a handgun, but could own a firearm in Indiana.

A prohibited person is prohibited from owning Title I and II firearms under federal law.

Anyone have a Venn diagram app thingy?

 

[Enthusiast]

Then there are those persons that are "proper" by definition because their "CRAZY" has not yet been documented.
One in three people are mentally ill. If the persons to your right and left are OK, then its YOU!

 

[huntall50]

Ok, thanks, I see the code describing proper person, Kirks clarification, not sure what a Venn app is but I will look it up.

So what restrictions apply to a improper person and future rights?

 

[Kirk Freeman]

Venn diagram:

 

[Kirk Freeman]

So what restrictions apply to a improper person and future rights?

What are future rights?

It depends on why one is an improper person.

Is you an improper person because of a felony conviction, well, no guns for you.

Is you an improper person because an arrest for a Class A felony that was then dismissed, well you can have guns but not be a proper person.

 

[huntall50]

Got the gist to the topic covered but still a few points unanswered, and didn't see them in the IC code. But I notice a lot of sellers mention proper person in their ads, just curious as to the understand here on the forum.

 

[Kirk Freeman]

But I notice a lot of sellers mention proper person in their ads, just curious as to the understand here on the forum.

"Proper person" is defined in the I.C.

 

[rambone]

First they came for the improper persons, but I didn't speak out...