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
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
Hundreds of thousands of Hoosiers have a License to Carry Handgun, commonly known as a “permit” issued by the Indiana State Police. With application and the complexities of the law, there are many reasons an application may be denied and appealed. In many cases, a denial—properly addressed—can be remedied on appeal. This blog explores common reasons for denial and how an attorney may assist you in the process. The first is a misstatement on the Application. Law and life are complex and uncertain. A material misstatement of fact may come from failing to recollect a criminal history. The Indiana State Police, ...
February 20, 2017Adam Hayes
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
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
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
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