The way this story has been told, edited, changed, and retold are you drinking now?
IC 35-47-1-2
"Alcohol abuser"
Sec. 2. "Alcohol abuser" means an individual who has had two (2) or more alcohol related offenses, any one (1) of which resulted in conviction by a court or treatment in an alcohol abuse facility within three (3) years prior to the date of the application.
As added by P.L.311-1983, SEC.32.
IC 35-47-1-7
"Proper person"
Sec. 7. "Proper person" means a person who:
(5) does not have a record of being an alcohol or drug abuser as defined in this chapter;
IC 35-47-2-17
Firearms and handguns; giving false information or offering false evidence of identity
Sec. 17. No person, in purchasing or otherwise securing delivery of a firearm or in applying for a license to carry a handgun, shall knowingly or intentionally:
(1) give false information on a form required to:
(A) purchase or secure delivery of a firearm; or
(B) apply for a license to carry a handgun; or
(2) offer false evidence of identity.
IANAL/TINLAIC 35-47-2-23
Violations; classes of misdemeanors and felonies
Sec. 23. (a) A person who violates section 3, 4, 5, 14, 15, or 16 of this chapter commits a Class B misdemeanor.
(b) A person who violates section 7, 17, or 18 of this chapter commits a Class C felony.
well on the app i listed "criminal mischief, public intoxication"...and thats it..bc i had the PI 7 years ago and i figured listing it twice was unecessary....i fugured it would cover the one 7 years ago and the one that got dropped by writing it once
He hasn't had two alcohol offenses within three years of the application according to his post. He should be good to go.I'd say it depends, for the most recent one were you required to attend alcohol classes? If so then you are not a proper person under IC, if not I'd say it depends on how they define "alcohol related offense". Then there is also the problem of not listing both. I can understand your line of thought, but it specifically(iirc) ask you to list all offenses/dates/dispositions, by failing to do so they can deny you and possibly charge you with a felony. I'll list all applicable IC below.
IANAL/TINLA
ETA
Since the PI was dropped you IMO didn't falsify the information on the application, so that part shouldn't apply. But the rest again IMO does.
... i havent had a drink since june 2011 when this happened...
He hasn't had two alcohol offenses within three years of the application according to his post. He should be good to go.
I see that now. I also just noticed that in addition to treatment, a simple conviction within three years with a previous conviction is grounds for denial. Interesting.It doesn't say alcohol offenses, it states alcohol related offenses. IMO what he described is an alcohol related offense. It also depends on whether he was ordered to undergo alcohol treatment for the last one. It also doesn't say 2 in 3 years, it says 2 or more with one or more in the last 3 years. You can have one 20 years ago and one last year and it would still apply.
ETA Reckless driving isn't an alcohol offense, but in some counties it is a standard plea bargain for DUI. So reckless driving can be a alcohol related offense, even if it's not a alcohol offense. I would guess that criminal mischief can be the same.
I see that now. I also just noticed that in addition to treatment, a simple conviction within three years with a previous conviction is grounds for denial. Interesting.
IC 35-47-2-3
Application for license to carry handgun; procedureIC 5-2-8-2.
(i) If a person who holds a valid license to carry a handgun issued under this chapter:
(1) changes the person's name;
(2) changes the person's address; or
(3) experiences a change, including an arrest or a conviction, that may affect the person's status as a proper person (as defined in IC 35-47-1-7) or otherwise disqualify the person from holding a license;
the person shall, not later than thirty (30) days after the date of a change described under subdivision (3), and not later than sixty (60) days after the date of the change described under subdivision (1) or (2), notify the superintendent, in writing, of the event described under subdivision (3) or, in the case of a change under subdivision (1) or (2), the person's new name or new address.
IC 35-47-2-23
Violations; classes of misdemeanors and felonies
Sec. 23. (a) A person who violates section 3, 4, 5, 14, 15, or 16 of this chapter commits a Class B misdemeanor.
OP, what's your username mean?