Indiana was the first state to adopt into law a lifetime License to Carry a handgun. Hundreds of thousands of Hoosiers have applied and been approved for licensure. Since last years deadly Connecticut school shootings, the issuing agency, the Indiana State Police, have had a four-fold increase in applications. From just December, 2012, to June, 2013, they processed 91,949 applications. That compares with 62,934 from the year prior. Given Indiana has just over 6 million inhabitants, it seems Hoosiers like their guns and have taken a different approach to shooters who are mentally ill or those driven to kill on political or ...
July 18, 2013CD
New Indiana Laws Relating to Firearms and School Safety and a Resolution Welcoming Gun Manufactures to Indiana A key part of staying in compliance with the law to changing the law is understanding it. This is the focus of this blog post, “What is new in the firearms arena?” With the 2013 Indiana General Assembly coming close, there are three new pieces of legislation that passed and were sent to the Governor for signature (and signed). They do not directly expand or limit gun rights. The first is Senate Bill 1. This extensive piece of legislation addresses school safety, and covers extensive ...
May 23, 2013CD
It is generally common knowledge that a person who has been convicted of a felony, even if remote in time, is no longer permitted to possession (purchase, possess, handle), a firearm.1 Possession has two (2) possible variables: actual possession, and constructive possession. Active or actual possession occurs when a person is physically in control of a firearm, such as when it is being held by him or stuck in the waistband. Constructive possession is when a person is within the vicinity of a firearm which they could obtain active possession of in short order. For example, a felon is visiting a ...
April 18, 2013CD
At Ciyou & Dixon, P.C., we frequently receive questions from our clients and the general public about Indiana’s self-defense laws, given our practice area covering firearms law. A number of legal concepts applicable to the use of deadly force are well developed. This blog post starts with these. First, Indiana’s self-defense statutes have long provided a legal justification for the use of deadly force in three (3) factual circumstances: To prevent serious bodily injury or death. To prevent a forcible felony (there is a separate provision for hijacking of aircraft, but this is a forcible felony). To prevent or terminate the other person’s unlawful ...
July 7, 2011CD
No, effective May 12, 2011. By statute, the General Assembly adopted the common law of England as Indiana law. At common law, there was a broad right to resist unlawful police action. This right applied to citizen-police encounters on the street as well as those within one’s dwelling. This pits two important rights against each other — the right to individual freedom and to be free from arbitrary police action versus police-officer safety. Indiana law has long rejected the common-law right to resist unlawful arrest (seizures) by a police officer of a citizen. A citizen’s remedy for an unlawful arrest is a civil-rights ...
May 15, 2011CD
This question is one that has played itself time and again through US history and in every state. The legal concept of preemption may apply to any matter. In basic form, it asks the question of who should decide a matter — the State or the local government. Many years ago, Indiana law fundamentally changed on how this was viewed. Until this, the only power a local branch of government possessed to regulate its affairs was what was specified by the Legislature in a statute. In other words, if a statute did not allow a local government to regulate firearms ...
May 11, 2011CD
"How are the Indiana gun laws made in the Legislature? What do the Indiana Legislators do to make sure they pass the right laws and make necessary changes to the law?" Just 10 years ago, I couldn’t even begin to answer these questions. In fact, my unanswered personal gun-law questions were far easier but nagged at me without the ability to find ready answers. For example, where could or couldn’t I carry a handgun with my Indiana unlimited License to Carry. As some of you know, I am an Indiana attorney with a life-long interest in firearms. After much consideration based on ...
May 7, 2011CD