Other than a firearm and certain other obvious (stun guns) items, the Indiana criminal code does not provide a great deal of guidance on what is a deadly weapon for purposes of the exercise of deadly force. It is pretty obvious why this is the case as virtually any object, used in a skillful way, can cause serious bodily injury or death.
By statute, a “deadly weapon”1 is something that is used, could ordinarily be used or is ... Read More
12
Sep2017
09
Aug2017
What makes our society safe (police) and free (doing what you want) is the delicate balance of power created by the Fourth Amendment to the United States Constitution. For Hoosiers, there is also a balance of power created by Article 1, Section 11 of the Indiana Constitution.
A topic not well understood but in the daily news is when the police act (or fail to act). For police and citizens there is no agreement in any given case, but do ... Read More
12
Jul2017
There are numerous legal debates about mistakes you can make carrying a handgun for personal protection. For instance, in a metropolitan community and dense urban area, an argument can be made that open carry and certain body movements in conjunction are intimidation or brandishing? Is leaving a carry gun at a restaurant or in a bathroom such that it makes a person subject to criminal charge (or civil liability)?
These questions have one clear legal answer: it “depends”. That said, in numerous cases over the years we have ... Read More
06
Jul2017
On Monday, the Indiana Court of Appeals decided an important case relating to the gun community and criminal defense; it decided and what is deadly force by a “deadly weapon”. In Indiana, the affirmative defense of self-defense may be raised when a person uses deadly force in response to infliction of serious bodily injury from a “deadly weapon”, a forcible felony or to defend one’s home or curtilage.
There is no definition of a “deadly weapon”. However, its use must be threatened or used in a ... Read More
21
Jun2017
Nationally, and certainly within the state of Indiana, a great deal of public interest has been garnered with the passage of the castle doctrine and its companion doctrine, standing one’s ground, into law. However, every seasoned criminal defense attorney knows this defense is poorly understood across the board. Prosecutors, who serve the public, also understand this—although they often have very different views on the scope and meaning of these doctrines.
Think you understand them? Think again. Here is the question: Are you willing to die—today--for your ... Read More
03
Apr2017
Indiana has adopted standing one’s ground (generally referred to as a part of the Castle Doctrine as it relates to home and curtilage) as a part of the affirmative defense of self-defense to protect a person’s home and curtilage. This allows the use of deadly force without retreating. Under this legal right, the situation often arises where someone fires a “warning shot” to direct (scare off) someone from their property. This blog post addresses this legally thorny issue, noting the most prudent course is ... Read More
07
Mar2017
A controversial topic nationally is the prohibition on individuals convicted of battery with a domestic component. For defendants, it is unique because it is the only misdemeanor crime where an individual is disqualified under federal law from possessing firearms. This disqualifier also prohibits any person in Indiana from being issued a License to Carry a Firearm.
Generally, the notion behind these bars is domestic violence is more serious than other crimes because it tears at the social fabric of ... Read More
20
Feb2017
Hundreds of thousands of Hoosiers have a License to Carry Handgun, commonly known as a “permit” issued by the Indiana State Police. With application and the complexities of the law, there are many reasons an application may be denied and appealed. In many cases, a denial—properly addressed—can be remedied on appeal. This blog explores common reasons for denial and how an attorney may assist you in the process.
The first is a misstatement on the Application. Law and life are complex ... Read More
18
Jan2017
In Indiana, statistics on Licenses to Carry Handguns and a hunting culture firmly establishes firearms as a cultural norm. This blog post focuses narrowly on the ways responsible gun owners run afoul of the law and often commit criminal acts while traveling with or carrying guns into other states. It is hoped this will provide awareness for readers to avoid such legal entanglements.
The most common issue is with reciprocal carry. Generally, this is where one state recognizes another state’s license ... Read More
07
Dec2016
Indiana is a very progressive state in firearms’ laws in many ways, including its “lifetime” license to carry a handgun. Once such is issued, it may be suspended or revoked for certain criminal activity. This blog addresses important reasons to appeal the denial of an application for a License to Carry a Handgun once made and denied by the Indiana State Police, who are diligent and careful in approval of the application.
First, firearms law is very complex, and some of the questions on the Application are required to comport with ... Read More