The attorneys at the Marc Lopez Law Firm—like many of our fellow Hoosiers—are strong supporters of the Second Amendment. Like all of our cherished rights, however, the right to bear arms isn’t absolute. You can’t just walk into a store, buy a gun, and carry it around with you wherever you please. You will need a license to do that.
To obtain a handgun license in the State of Indiana, there’s a process you need to follow. Step one is filling out the application, which will require you to disclose any criminal convictions (note that this doesn’t include convictions you’ve had expunged from your record). Following the application, you’ll have 90 days to get fingerprinted and complete the local law enforcement requirements.
There’s some interesting legal interplay at work here: You have a constitutional right to carry a firearm, but exercising that right is a privilege. If you don’t play by society’s rules, you can kiss your rights and privileges goodbye. For example, if you’ve been convicted of domestic battery, Indiana has made it a Class A misdemeanor for you to possess a firearm. If you’ve been convicted of a serious violent felony (statutorily defined by Indiana Code 35-47-4-5), possessing a firearm is both a Level 4 felony and a federal crime. The federal statute also makes it unlawful to have a gun if you’ve been convicted of a “crime punishable by imprisonment for a term exceeding one year.”
If the Superintendent of the Indiana State Police acquires a reasonable belief or suspicion that you shouldn’t be armed, he has the discretion to review and revoke your handgun license. It is within the Superintendent’s job description to make case-by-case determinations about the propriety of an individual’s firearm possession. If your license is rescinded, you’ll receive written notice of the decision. Failure to comply will result in criminal charges being brought against you.
If your lack of firearm privileges are interfering with your constitutional rights, call the Marc Lopez Law Firm at 317-632-3642 for a free consultation.