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 ...
April 29, 2020CD
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 ...
January 15, 2018CD
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 has been around for a long time, and in the right circumstance, may be used ...
December 12, 2017CD
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 serious bodily injury to the person or a third person or in the commission of a forcible felony. This blog ...
November 29, 2017CD
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 use deadly force and have an affirmative defense to what would be an otherwise criminal act. However, normally ...
October 30, 2017CD
Is This Enough for a Police Investigatory Stop and Criminal Charge? Indiana has just debated “constitutional carry” which is generally thought of the innate right to carry a handgun without a license. Indiana’s License to Carry a handgun is not indexed to concealed or open carry, but is required for most to carry in the state. This bill did not advance and has not been reintroduced. However, it raises a key criminal law and defense issue you should know and take care to ensure is familiar to your criminal counsel should you ever get a gun charge. This law is very technical ...
October 23, 2017CD
A topic that frequently arises in the course of criminal defense is pointing a firearm a criminal charge from doing so on one’s own property. Many litigants are surprised to learn that the curtilage and standing one’s ground under the castle doctrine does not automatically authorize pointing a firearm at someone who enters your property where your home is located. This is the topic of this blog post. Pointing a firearm at someone on your property is a first step toward the exercise of deadly force. The castle doctrine provides an affirmative defense (this means you can legally do what is ...
October 20, 2017CD
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 to carry a handgun. However, like a driver’s license, the licensee must follow the laws of the state he or ...
January 18, 2017Adam Hayes
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 state and federal law and do not always have clear ...
December 7, 2016Adam Hayes
Over the last several years, applications to obtain and carry a handgun have soared in Indiana. Because handguns are a class of firearms more readily concealable, the requirements to obtain a License are stricter than the right to purchase. This blog addresses five key points to address denial of a license to carry handgun in Indiana. The first is to over-disclose on the application and obtain any information about an old criminal act to properly disclose, as required, to avoid denial for making a false statement. Obtaining such documents in certified format may allow them to be provided with the application ...
November 8, 2016Adam Hayes