In mid-2004, Indianapolis resident Kenneth Anderson had his guns taken by the police because of his behavior. He was committing no criminal act at the time, but the police thought he was a risk to himself and others. However, the firearms were later ordered to be returned to him. On August 18, 2004, Anderson went on a massive shooting spree and killed citizens and a police officer. Indiana then passed a “Dangerous Person” statutory scheme, which became the model for other states’ red flag laws. This blog explores the way Indiana’s Dangerous Person1 statute works and what you can do ... Read More
Category: Firearms Law
12
Jun2020
29
Apr2020
An individual’s Second Amendment1 right to keep and bear arms becomes all the more important in these troubling times. As people in Indiana (and nationally) flocked to their local firearms dealer or a gun shop to buy a gun in the face of uncertainty with the COVID-19 global pandemic, many individuals were “denied” the purchase by a NICS2 background check. Is this your situation? If you didn’t expect it, you probably have many questions swirling around in your head, such as “how is this possible? what does this mean? what can I do to fix it?” In this blog, we ... Read More
01
Nov2019
If you are reading this blog, you or someone you know may have just found out you have been “denied” from purchasing a firearm. Maybe it was your first time trying to purchase a gun, and, come to find out you can’t? Or maybe you have been lawfully purchasing firearms for years, and then out of nowhere, you get denied. These are common and confusing situations. Often times, however, a NICS’ denial may be reversed. This blog provides a brief overview of NICS’ system, denials, and some potential solutions.
“NICS,” The National Instant Criminal Background Check System, is the system used ... Read More
24
Jul2019
As feds crackdown on 'straw sales,' other illegal gun sales remain harder to track. Ciyou & Dixon, P.C. - Firearms Attorney, Bryan L. Ciyou speaks with Channel 13 Eyewitness News about straw purchases of firearms.
31
May2019
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” able to purchase one. While this blog doesn’t cover the entire realm of NICS Appeals, it does look at three basic tips ... Read More
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 killing is excused because it is justified. This blog covers the four key points that are generally necessary for a person to ... 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 criminal, namely the crime of criminal recklessness?1 You should, unless you want to wind up ... 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 allows the use of force to protect person and property. However, the use of force ... 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 despite the fact that they had been model and productive citizens afterward. Most of us are ... 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 are the other legal issues surrounding giving guns as gifts? This is the focus of ... Read More