So, you just received a “denial” message while trying to purchase a gun. You may be asking yourself, “what does this mean?” or “what do I do now?” The answer to those questions is, it depends. You may have never had any issues purchasing a gun before. Or maybe you had felony but have since had it expunged. Unfortunately, there are many reasons why an individual may be denied when purchasing a firearm, even if you are “legally” ... Read More
31
May2019
23
May2019
Indiana has a strong affirmative defense penal provision that allows Hoosiers to protect their life, home/curtilage and stop forcible felonies.1 It is a crime to pull a gun on someone and, if it goes further, to shoot them. However, an affirmative defense means even if the State (the prosecutor) meets all of the elements of the crimes associated with pulling a gun and even killing a person, you may be acquitted. The affirmative defense says, in essence, the ... Read More
25
Jan2018
What You Need to Know About the Crime of Criminal Recklessness!
Normally, incidents ranging from an auto accident to throwing a rock and hurting someone are civil matters. As a result, you may sue or be sued in civil court under a tort theory. Sometimes negligent acts are covered by auto or homeowner’s insurance coverage and sometimes not. However, at some indeterminate point, negligent acts cross the line and become criminal matters. Do you know where this line is at, and when your actions may be ... Read More
15
Jan2018
Most Hoosiers know were a gun-friendly state. In fact, Indiana ranks among the highest for gun rights. For example, there are hundreds of thousands of residents who have a License to Carry a Handgun. With “carrying” there is significant misunderstanding of the Castle Doctrine and the right to Stand Your Ground with the right to draw your firearm. These limits are the topic of coverage in this blog.
In Indiana, a person can stand his or her ground and not retreat if it is reasonable. This ... Read More
09
Jan2018
Several years ago, the Legislature passed an expungement statutory scheme to “expungement” or remove old felonies and other arrest and misdemeanor convictions occurring in Indiana from a person’s criminal history. Expunged crimes were basically removed from a person’s criminal history, with the exception of certain uses by law enforcement or in the case of subsequent crimes.
These expungement statutes recognized people change over a long period of time. However, many remained “haunted” and limited in their daily life by an old criminal history. This is ... Read More
15
Dec2017
For the last several years, “Black Friday” gun sales have hit all-time highs, according to statistics from the FBI’s National Instant Background Check System (“NICS”) checks. This means licensed retailers are selling a lot of firearms. Well, this year was no different. The trend continued and the FBI hit an all-time high record of 203,000 NICS checks. Anecdotally, this must mean that a part of Santa’s Holiday gift list in Indiana is purchasing and giving a gun as a gift. But, is this lawful? What ... Read More
12
Dec2017
We all make New Year’s wishes, right?
For thousands of Hoosiers, their wish is to have a clean criminal record without an old misdemeanor or felony conviction holding them back from job opportunities or having a firearm and license to carry. In the last several years, the Legislature has added several laws to allow you new ways to “remove” old convictions. This blog explores these and the legal remedies now available to you.
The oldest legal tool for addressing a past criminal conviction is post-conviction relief. This ... Read More
29
Nov2017
A. The right to use force and deadly force in Indiana.
Under Indiana’s use of force statute, a person is justified in using reasonable force against another person to protect the person or a third party from what the person believes to be the imminent use of unlawful force. Further, a person is justified in using deadly force and does not have a duty to retreat if the person reasonably believes the use of this level of force is necessary to prevent ... Read More
30
Oct2017
Every year civil and criminal defense attorneys across the state and the citizens at large handle or read headlines about “gun blunders” that cause the once-law-abiding citizen to wind up charged with a criminal act. This blog identified the five most common gun myths to help you avoid them, minimize criminal risk and look inside of the defenses.
Becoming the aggressor:
In many cases, someone with a firearm may be authorized at a given moment in time to stand his or her ground and ... Read More
25
Oct2017
The “Long” Wait for Response and Avoiding Becoming an Aggressor: Will You Remain Silent and Lawyer Up?
Any incident where a firearm is pointed in self-defense to the exercise of deadly force is a dynamic event. Any civilian in this position is well advised to provide a request for assistance and identify themselves, but not to make statements without a lawyer. Such a traumatic event releases a chemical reaction in the brain that makes you unable to accurately recount facts at the time.
Deadly force cases become very difficult ... Read More