Copy of Application to State Police Department; Criminal History Background Checks; Issuance of Permits; Reasons for Denial

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Sec. 7. (a) On receipt of a completed permit application, the commission shall forward a copy of the application to the state police department.

(b) The state police department shall perform a state or national criminal history background check of the applicant and return the application to the commission along with the state police department's findings from the state or national background check. The commission is responsible for the cost of a state or national criminal history background check conducted under this article.

(c) The commission shall review the permit application after it is returned from the state police department under subsection (b). The commission shall grant or deny a completed application for a permit within sixty (60) days of receipt of the application. If the commission determines that:

(1) all the requirements under this article have been met; and

(2) the applicant has not been convicted within ten (10) years before the date of application of:

(A) a federal crime having a sentence of at least one (1) year;

(B) an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014); or

(C) a crime in a state other than Indiana having a penalty equal to the penalty for an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014);

(D) an Indiana Class D felony involving a controlled substance under IC 35-48-4 (for a crime committed before July 1, 2014) or a Level 6 felony involving a controlled substance under IC 35-48-4 (for a crime committed after June 30, 2014); or

(E) a crime in a state other than Indiana similar to a Class D felony involving a controlled substance under IC 35-48-4 (for a crime committed before July 1, 2014) or a Level 6 felony involving a controlled substance under IC 35-48-4 (for a crime committed after June 30, 2014).

the commission shall approve the application for issuance of the permit.

(d) If the completed application for a permit is denied, the commission must state the reasons for the denial. If a completed application is denied under this section, the applicant may reapply within thirty (30) days after the date of the denial. There is no application fee for a reapplication under this subsection.

As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.27.


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