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Thread: Acceptance or rejection of my permit by the state is 17 days past due

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    Acceptance or rejection of my permit by the state is 17 days past due

    Really the title says it all. I applied for an Indiana handgun license on Aug. 7th & according to Indiana Code they must either issue or reject the permit within 60 days:

    IC 35-47-2-6
    Granting or rejecting initial application; renewals

    Sec. 6. (a) Every initial application for any license under this chapter shall be granted or rejected within sixty (60) days after the application is filed.
    (b) The period during which an application for the renewal of an existing license may be filed begins three hundred sixty-five (365) days before the expiration of the existing license. If the application for renewal of an existing license is filed within thirty (30) days of its expiration, the existing license is automatically extended until the application for renewal is passed upon.
    As added by P.L.311-1983, SEC.32. Amended by P.L.190-2006, SEC.4; P.L.47-2010, SEC.2.

    Now I'll be the first to admit that my record isn't spotless but according to the Indiana code I also meet all the requirements for the issuance of a license:


    The superintendent may not deny a license under this section because the information required under this subsection is unavailable at the time the superintendent would otherwise issue a license. The state police department may accept private donations or grants to defray the cost of printing and mailing the information required under this 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, 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.
    The only thing I can see them denying my permit is highlighted in bold. In essence what happened was that I got into a physical confrontation with two LEO's. One of the LEO's jabbed my in my right eye by accident but I didn't realize it was an accident at the time so I reciprocated in kind rather viciously. The other LEO literally grabbed & tried to twist my genitals, I replied by kicking him full force. He said I kicked him in the groin & in all honesty I don't know where I kicked him because my hands were full at the time with the other LEO. Long story short I was charged with a class D felony but convicted of a class A misdemeanor. No weapons were involved other than the pepper spray they sprayed me with. I believe I could have gotten off by pleading self defense under the circumstances that revolved around why I was there & what they did but I didn't have the money to fight a lengthy battle in court. By the way, to any LEO reading this; I don't think all LEO's are a$$holes but these guys were. Any advisement would be appreciated.

    On a further note, I may be able to get it for sure now though because they failed to respond within the 60 days & the above clause says:

    The superintendent may not deny a license under this section because the information required under this subsection is unavailable at the time the superintendent would otherwise issue a license.
    There 60 days are up, they have not responded yes or no, & I have called twice & the answer is "We have alot of applicants applying & they have not gotten to yours yet". I don't know but it seems to me that according to the above they now have to give me a license.


    EDIT: oops, I forgot to mention that this happened over 14 years ago
    Last edited by doktorhook; 10-24-2012 at 12:02 AM.

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    Call them back and tell them that persuant to Ind Codes you've listed above you expect this to be resolved no later than the end of the week. They can deny because you got pissy, but then you can sue them for the delay and demand immediate issuance.

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    I concur with Peacemakr, give them a call, and you could cite the chapter but don't get pissy.

    Also, IMHO, I don't think you have anything to worry about with your highlighted #5 as a dis-qualifier. I believe that applies if you have an arrest that still hasn't gone to court yet, and since you were already adjudicated with the A Misdemeanor, you're probably good to go.

    Just my .05. Good Luck with that, and please keep us posted.
    TexasAviator likes this.
    a.k.a. 2LOGICL. While I do not enjoy the misery of others, I do find comfort in it.

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    They should have gave you a yes or no by now.I also have a friend that has been waiting for over the time limit.I'm pretty sure if you have been convicted of any "violent" crime (misdemeanor or felony) you may be denied.

    Tommotto

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    I thought in Indiana you got your permit through a drive-thru window of some sort...
    That's how my brother-in-law and sis-in-law made it sound!
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    Ok so I contacted an attorney & he suggested I wait at least 2 more weeks so it would push it out to 90 days. he said at that point if I want to persue it I should have a pretty solid ground to work from. He also said that I shouldn't have a problem getting my license according to my background. They may not want to give it to me but legally they don't have alot of ground to deny it.
    aphdmansoc likes this.

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    Texas has the same 60 day stipulation but mine took about 105 days (3 and a half months) back when I got mine in 2008. Reason was that so many people were applying that they got heavily backlogged and couldn't process all the applications within the time required by law. I didn't fret over it and just patiently waited my turn as I knew I would get my license sooner or later. Suggest you just be patient. I'm sure you'll get it in due time.

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    In minnesota they have 30 days to grant or deny. If no letter has been re ieved by the 30th day it is automatically granted. I was denied on the 32 day. Contacted an attorney and wrote a letter of reconsideration. They had no reason to deny me under our laws in the first place but, by being past the 30 days it was issued immediately.

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    In Florida, when they get backlogged...they hire extra people! Thats one expansion of gubmint I believe in!
    SteveZ and daytonaredeye like this.
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    Quote Originally Posted by doktorhook View Post
    Ok so I contacted an attorney & he suggested I wait at least 2 more weeks so it would push it out to 90 days. he said at that point if I want to persue it I should have a pretty solid ground to work from. He also said that I shouldn't have a problem getting my license according to my background. They may not want to give it to me but legally they don't have alot of ground to deny it.
    I agree with the attorney. Patience will probably win out with a license in the mail.

    My Texas CHL took 5 months back in 2008 and I had one misdemeanor on my record and one misdemeanor with dropped charges, both from the early 1980s. The other people in my CHL class with clean records got their CHLs in 3 months. It is just the way it worked out. Now I am in the system so I figure my upcoming renewal will go a bit faster.


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