Indiana Handgun Appeals Attorney Blog: Denied? Now What? Answers to Frequently Asked Questions
I Was Denied a Concealed Carry, Now What? F.A.Q.
Below are the most typical F.A.Q. we get handling hundreds of concealed carry permit denials in Indiana:
Do I need an attorney?
The answer is technically, no. But, an experienced attorney can help you navigate what can be a tricky legal process. Many times, especially on easier appeals, the attorney can avoid having to attend the hearing altogether. As a firm who has handled tons of gun permit appeals, we can help explain how we can help instead of you going it alone. That can save you time and money in the long run.
How long will the appeals process take?
Generally, if it is an easy appeal, the attorney can get you a concealed carry (assuming you qualify) within 30 days (sometimes in a few days!). If a hearing is required, typically the process will take 60-90 days to complete. In cases where additional work will be needed (i.e. a psychological evaluation, an expungement, a full restoration of gun rights), the process can take up to six months depending on the complexity of the situation.
I missed my 60-day appeals window, do I need to reapply?
You technically only have 60 days to appeal a denial of your original application. However, if you are close enough to the 60-day window but slightly over, sometimes your attorney can move quickly and ask for a variance of that timeframe. However, this is not always a guarantee. If you are passed the window to appeal, just reapply with the money you are refunded from the original denial.
If I don’t move forward with the expungement, do I get my money back?
I had an expungement done, is that enough?
Read our recent blog on the topic here.
The answer is generally, no. While an expungement is a great thing, and many times it allows for a restoration of gun rights, the State Police require very specific language in the order in order for the concealed carry to be granted. We have the expertise to amend expungement orders to specifications required by the State Police, so feel free to reach out to us to learn more. When we draft expungements, we are very careful to make sure the proper gun language is included.
Also, major felony expungements are treated differently than misdemeanor and Level 6/D-Felony expungements. While they are expunged, they are not truly erased. The State Police still has broad discretion in granting/denying expunged convictions.
I was denied for a mental health-related issue, now what?
Many times these can be the most difficult cases to appeal. The State Police are being overly cautious with mental health diagnosis denials because of recent cases on the news involving mass shootings involving defendants with known mental health-related issues. As a result, they like to see a recent mental health evaluation done by a psychiatrist and/or psychologist who has performed a full evaluation of the applicant. They like to know what the mental health issue is, when it was treated, how it was treated, if it still an ongoing issue, how treatment is continuing if necessary, etc. Most importantly, they like the treating physician to provide some type of reassurance that the applicant is not a threat and is fit to carry a firearm. Some doctors are very sheepish about this, but if you have an attorney with experience in these matters, they may know creative ways to work through this issue.
I was denied for a material falsity…and perjury was used in the letter…am I in trouble?
A material falsity, 99% of the time, is an easy fix. Many times an attorney with experience in this area of law can fix this problem without a hearing. More often than not the applicant accidentally entered the wrong information on the application or failed to list a full picture of their criminal history. In the countless gun permits we have done here at the office, we can usually fix this problem and get the applicant a concealed carry in hand within 30 days at the absolute longest. And, in all of those appeals, we have completed, we have never seen anyone charged with perjury. So, rest assured, you are ok!
I was given a concealed carry at the state level, but I was denied at the federal level?
You might be surprised to find the standards are different at the state and federal levels.
I am retired or active duty military, how can I carry a gun for my country but I’m denied a concealed carry?
Oddly, this is a different standard. To be able to carry a weapon for your country is a lower standard than it is to carry a weapon on your person in a concealed manner. Given a gun can be taken into restaurants and in public places, the standard is much higher to be able to achieve a concealed carry permit. Many times veterans and active military are denied for mental health-related issues. More often than not, with a little help from a qualified lawyer, we can still get you a concealed carry.
I had a concealed carry and they took it away or when I applied for a lifetime after a four year, I was denied — how is that possible?
The State Police started using a new software program that retroactively re-evaluated existing concealed carry holders. The new software program is much more sophisticated and is cable of catching inconsistencies the old program failed to catch. It is also much more sensitive — resulting in denials that may not necessarily be true denials. We can dig into any issue and give you a fair evaluation of your chances of success in an appeal.
I was denied for a conviction that was a misdemeanor that was out of state, why?
The statute says you can be denied for a misdemeanor from outside Indiana if you could serve a suspended sentence of up to two years. There are a few states where misdemeanors can have a total sentence of two years. Though the executed portion may be capped at a year like Indiana, some states allow probation for a full two years. This is not allowed federally, so Indiana can deny you as well.