In Indiana a significant number of the adult population has a License to Carry a Handgun. Because of the ease of concealment, the rules and regulation to obtain a License are in many respects more restrictive than the right to purchase a firearm. There are four key mistakes that cause an Application for a License to be denied, with some ability for assistance by an attorney to remove the prohibiting factors. 1. The first is an applicant has a history of minor criminal activity which shows a propensity for violent or unstable conduct. Sometimes this may be addressed by various psychological or ...
October 25, 2016Adam Hayes
While the implications of the nightclub shooting in Miami and law-making on firearms regulation are unknown, there are four new laws or court decisions every gun owner should know to avoid illegal actions and committing a crime. This blog post covers these changes. At the state level, and first, the General Assembly has modified Indiana’s law that has prohibited individuals and other legal entities from purchasing short barrel shotguns (SBS) by following the requirements of the federal law commonly known as the National Firearms Act. Until recently, Indiana had a law making sawed-off shotguns illegal and ATFE’s position is this prohibited ...
July 6, 2016Adam Hayes
Any legal area that has strong political and social positions, generally corresponds with substantial law-making. Gun purchase, possession and use is one such topic that is politically charged with “positions.” While most of the laws are on-line, there is a great amount of commentary about how the law should be applied and enforced. In the firearms arms arena, there are four key myths that appear to be a great confusion for a large number of gun owners. This blog addresses these. The first is a lawfully possessed firearm can be used to scare someone away by pointing it at the wrong-doer. ...
January 19, 2016Adam Hayes
Indiana has passed two versions of expungement statutes. The purpose of the statutory scheme was to restore core civil liberties to certain individuals who had old criminal histories in Indiana. These core civil liberties are to hold public office, vote, serve on a jury and possess firearms. However, the Justice Department did not accept Indiana’s expungement statute to restore the right to keep and possess firearms under Indiana law nor qualify for a License to carry a handgun. While a very technical area, as of November 1, 2015, it appears that ATF has recognized Indiana’s current statute as comporting with federal ...
November 12, 2015Adam Hayes
In Indiana, there are hundreds of thousands of Hoosiers with a License to Carry a handgun. Because of the extraordinary complexity in firearms laws, a person may be denied a license for a number of reasons that can be addressed and the license issued. This blog post covers three key points about denial. First, if you are denied a license, you have the right to a hearing at the Indiana State Police (ISP). They are very dutiful in considering the merits of every denial, but a timely hearing has to be requested and the issues of denial properly addressed. The point ...
October 22, 2015Adam Hayes
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 ...
October 21, 2015Adam Hayes
Federal, state and local gun laws are sometimes driven by emotion following a high profile event in the news as well as policy. Understanding four key dynamics of the law will allow you to stay out of jail and be a respectful gun owner. First, firearms are by design, much like chain saws, gasoline, and baseball bats, inherently dangerous items. This means that there is significant danger to life and limb by improper use. However, because of the political “camps” that are often defined as “pro” or “anti” gun, negligence is more likely to be addressed in the criminal system versus ...
June 4, 2015Adam Hayes
As an attorney working in the firearms arena on a daily basis, I am learning new legal concepts, ideas and ways of looking at things everyday. At the same time, I also get the earful of urban myth. One of the more common is that Indiana is doing away with its lifetime License to Carry Handgun permit. And once you have it, it cannot ever be suspended or revoked. Both are untrue. In fact, just like a driver’s license, certain acts or omissions with a firearm may result in your license being suspended pending a hearing. One basis for a gun ...
January 29, 2014CD
It may seem surprising in a state of just 6.5 million people, but Indiana has hundreds of thousands of adult residents who have an Indiana License to Carry Handgun. In addition, the Legislature, Courts and Executive Branch are fairly favorable to gun rights, and our laws have set precedent throughout the United States - not to be confused or equated with gun violence and improper gun use for which we all agree is a tragedy and gives lawful and safe gun owners a bad reputation. This background, coupled with computerization, has led to old arrests being placed on the NICS background ...
January 29, 2014CD
Where Is The Threshold To Mental Health Disqualification? A question I am asked frequently as I lecture nationally on gun topics is, “can taking prescription medication disqualify me from owning a firearm- based on my mental health?” This is a problem for veterans who sign a standard VA power of attorney over their affairs as they get older–they become disqualified automatically without regard to mental acuity. At some point, with 1:4 ratio of mentally ill people in the US adult population,1 this is going to draw state and federal law makers attention. This will be considered in the context of the total ...
November 21, 2013CD