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: Dangerous Persons Seizure
12
Jun2020
21
Jun2016
Several years ago, a known person who was mentally ill, but had committed no crime and possessed firearms, went on a shooting spree killing a family member and a police officer and wounding another. In response the General Assembly passed the “Dangerous Person” statute.1 This allows police officers to confiscate firearms from persons they believe pose a risk to society. The person is then given an expedited hearing where the burden is on the State to prove they are a dangerous person or return the firearms.
This was challenged in Indiana’s appellate courts and was affirmed as constitutional as this firearm ... Read More
21
Oct2015
After a massive police shoot out with a mentally ill person, Indiana passed a law that allows police officers to confiscate firearms from a person they think is a “dangerous person.” This usually occurs because of a police 911 call. If your firearms are sized in that way, you are entitled to a hearing in a short time to determine if you are a “dangerous person” and if your firearms may be retained.
At the first hearing, the burden is on the State to prove this. This means the prosecutor or attorney for the state must prove you are a dangerous ... Read More