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.

CCW Permit for County Residents

Q: How do I apply for a Concealed weapons permit for the county? What is the cost? In the past you could only apply on Wednesday, is this still the case?

A: If you are a county resident (five digit street address) Weapons carry permits are handled by the St Joseph County Police. Contact the SJCPD records office at 245-6535 for more information on this process.

Weapons Capacity?

Q: I have heard that there is a ban on high capacity pistol magazines in the city of South Bend. As a concealed carry permit holder, I feel it is necessary to know for sure. Is it unlawful to carry a pistol with a high capacity (greater than ten rounds) magazine within SB city limits?

A: The former "Brady Bill" banned high capacity magazines but that law has since expired and high capacity magazines are no longer banned federally or at the city level.

Q:I have a permit to carry a handgun. My father had given me some handguns several years ago that are still registered in his name. Is is legal for me to carry them even though they are still registered to him?

A: A weapons carry permit allows you to carry a registered handgun without problems, but I would suggest you change the weapon registration over to your name. More information on state licensing is here.

Weapons Carry with Domestic Violence Conviction

Q:I was arrested in Michigan in 2001 for domestic violence. At the time, I was quite immature and got scared so we moved rather than attend the court hearing, fearing a jail sentence. I am now a single mother of 2 girls, just trying to survive. With all of the violent crimes going on in South Bend recently, I was thinking about getting a gun permit and purchasing a gun for personal protection. I have no interest in carrying a gun in public, just would like to protect my home & family. I am currently trying to find out what is going on with my case in Michigan, but I thought I would ask your opinion about my chances of getting a permit. Is there anything that I can do to get this off of my record? Please let me know! Thanks so very much!

A: Indiana law on concealed weapons is regulated by IC IC 35-47-2-1:

Carrying a handgun without a license or by person convicted of domestic battery
Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possession.
(b) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun in any vehicle or on or about the person's body in the person's dwelling or on the person's property or fixed place of business.

Carrying a Sword?

Q: I wanted to know what is the law on carrying swords in public if there is no criminal intent or violent behavior behind carrying them?

A: While most knives are not regulated by state law, in general, "swords" are not designed as a weapon designed for standard carry, and as with any knife or edged weapon, does have deadly potential. if a situation is deemed the manner or circumstances are such that it is determined to be a danger to public safety you could face weapon confiscation or arrest. There is no good logical reason to "carry" a sword in public that I can think of.

Weapons Carry with Misdemeanor Conviction

Q: I accepted a plea bargain in 2003. It was a felony treated as a Misdemeanor. My question is, if my felony is treated as a misdemeanor does that prevent me from getting a license to carry gun permit? And how does it show up on a criminal background check? as a Felony or a Misdemeanor. I feel as though this may have prevented me from getting certain types
of jobs also.

A: you did not specify your conviciton or offense so I cannot answer for sure. I guess the answer in your case is "it depends". Certain misdemeanor offenses will preclude you from obtaining a weapons permit in Indiana as well. More info on the state law is found here.

More Weapons Questions

Q: I have a couple of questions about concealed carry. I have an IN concealed carry permit. My handgun is always in my vehicle with me. First, am I allowed to leave it on the seat right next to me, or does it have to be concealed, even in the vehicle? Second, if I ever get stopped by an officer, how will the officer handle the situation? Is there a procedure within the department for this situation?

A: You are allowed to have your weapon inside your vehicle with a permit. As for being stopped it is in everyone's safety interest to inform an officer that you do have a weapon present that you have a permit for upfront and keep your hands visible at all times when stopped. We appreciate this and will result in safe interaction for you and the officer.

I can tell you that when I am aware weapons are in the vehicle or on your person the stop usually takes on a higher risk element. You should expect to have your weapon checked along with the permit and both will be returned to you assuming properly registered at the conclusion of your traffic stop.Check this link out also.

Where to get Weapons Permits

Q: Where do I apply to get a personal protection gun permit, I was told that I cannot apply at the MPD?

A: Your address you list shows you to be a county resident (five digit address). If you live in the county you need to contact the St Joseph County Police. Residents of Mishawaka or South Bend need to visit the respective police department for a permit application (three or four digit addresses).

Concealed Carry

Q:I am waiting for my concealed weapons license to come back what are the laws on carrying a handgun does it have to be visible?

A:I just covered this a couple of weeks ago for you. Check this link out.

Weapons Carry on Hunting Permit?

Q: I recently applied for a concealed weapons permit, but I marked the Hunting, Target Practice Box instead of the Personal Protection box on the application, What is the difference, can I still carry a gun on my person, and if not how to I go about changing it to personal protection?

A: No. Carrying a firearm without the correct information is a violation of the CCW law, and will likely result in your arrest, weapon confiscation, and possibly permanent revocation of the permit to carry ability. Contact the Indiana State Police for more information on what is needed to correct this.

Open Weapons Carrying?

Q:If I have an Indiana gun permit for a handgun, is it breaking the law if I had it on my hip, and walked into a public place?

A:Indiana's weapons carrying permit law is designed for weapons to be carried about the person. The law does not specifically prohibit "open carry" however, you must have a permit to carry a handgun at all. Some places prohibit carrying weapons at all, such as schools, and casinos as an example.

While the law does not prohibit "open carry" specifically, the intent of the law is to carry the weapon (assuming it is a personal protection permit) responsibly and discreetly (i.e. concealed) and if your open carry is determined to be a danger or reckless by an investigating officer, you could risk being arrested, losing your permit and your weapon. My advice is to carry your handgun concealed.