Sunday, October 12, 2008
Restoring Weapons Permit with my Felony Conviction?
Q: How I would go about getting my right to possess a firearm restored under IC 35-47-4-7. I live in Elkhart and have an A felony conviction from 2004.

A: Since your 'A' Felony conviction precludes you from obtaining a weapons permit, your criteria must be within the guidelines of the statute:
(b) Not earlier than five (5) years after the date of conviction, a person who has been convicted of a crime of domestic violence may petition the court for restoration of the person's right to possess a firearm. In determining whether to restore the person's right to possess a firearm, the court shall consider the following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from possessing a firearm.
(2) Whether the person has successfully completed a substance abuse program, if applicable.
(3) Whether the person has successfully completed a parenting class, if applicable.
(4) Whether the person still presents a threat to the victim of the crime.
(5) Whether there is any other reason why the person should not possess a firearm, including whether the person failed to satisfy a specified condition under subsection (c) or whether the person has committed a subsequent offense.
(c) The court may condition the restoration of a person's right to possess a firearm upon the person's satisfaction of specified conditions.

Depending upon your situation and your rather serious Felony conviction, you will need to petition the courts for this. I suggest you seek legal counsel on the procedures and the particulars of your conviction to see if you are eligible.


posted by South Bend Police Department @ 8:40 PM  

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