Indiana Gun License to Carry
Indiana Gun License to Carry
Ciyou & Dixon, P.C. attorneys are frequently consulted on matters relating to a License to Carry a handgun. Often times, clients refer to this as an Indiana concealed carry permit. This is inaccurate language and incorrectly infers he License dictates concealed carry. That is not a part of Indiana licensing law, but a custom.
Where our practice typically leads is with who may lawfully obtain a gun License or with revocation or suspension of a gun license. To understand this, and if Ciyou & Dixon, P.C. attorneys may be advocates you wish to consider to address your legal needs, it is important to understand the licensing process.
The Superintendent of the Indiana State Police handles the licensing pursuant to a directive of the Legislature. Assuming complete preparation of the application and payment of the required fees, the Superintendent (“shall issue”) a License if the applicant is a “proper person” and has a “proper reason.”
The driving reason behind the requirement to obtain a License to carry a handgun is because these firearms are readily able to be concealed. Thus, they present unique risks to law enforcement officers and the citizenry. In Indiana, a License has no connection with a long gun, nor is there a requirement that a handgun be registered.
This noted, there is no requirement to have a License to carry a handgun on one’s property, real property, or fixed place of business. However, sometimes these places are not easy to define with precision and this invites unnecessary risk. In every circumstance, the person would have to lawfully possess the handgun. For instance, a serious violent felon could not carry a handgun in his home because he barred from possessing any firearm by other law.
Where most issues arise with licensing is with determining who meets the criteria to be a “proper person” and in what circumstances this is no longer the case, subjecting the Licensee to suspension or revocation of the License. The requirements are very technical. Mental health issues and/or criminal activity may for a basis to deny a application or revoke a License.
This is an easy concept to grasp. No one want a psychotic person or hardened criminal walking around. Nevertheless, the closer cases are vexing at best. A person who is denied a License has his or her right to bear arms under Article I, Section 32 of the Indiana Constitution limited. On the other hand, a person issued a License who should not be poses a risk to society at large.
In these closer cases, where an applicant is denied or Licensee suspended, he or she is afforded due process of law and has the right to request an administrative hearing. This is conducted before an Administrative Law Judge. At this time, the applicant or suspended Licensee must make his or her case, he or she is a “proper person.” A denial at an administrative hearing may be appealed to Indiana’s formal court system.
Failure to timely request an administrative appeal waives the right.
Where a question arises regarding your status as a “proper person,” Ciyou & Dixon, P.C. counsel may be one of your considerations.
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