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
Indiana has a long connection with personally owned firearms and the industry, such that Indiana is the only state with a lifetime License to Carry a Handgun and Crane Naval Warfare Center in Crane, Indiana being a focal point for military weapons system development. It is not surprising so many Hoosiers have a License to Carry Handgun issued by the Indiana State Police, running into the hundreds of thousands. Under Indiana law, to be issued a License to Carry a Handgun, a key is the person must be considered a “proper person.” The Indiana State Police (Firearms Division) is responsible for ...
April 15, 2014CD
In Indiana, it is unlawful for a serious violent felon, whether convicted in Indiana or another state, to possess a firearm1. However, when applying for a concealed firearms permit, or to purchase a firearm, you may be denied for a myriad of other reasons. Indiana, like most states, are updating their criminal records to online systems, which provide for quicker and more thorough background checks, however, there may be occasions where old criminal records are updated incorrectly. In other cases, a conviction, or criminal charge may be so old, that one has forgotten about it, and innocently failed to disclose ...
March 11, 2014CD
In 2012 the Indiana Legislature adopted the Alternative Misdemeanor Sentencing Statute, which now provides that certain Class D felony convictions could be reduced to a Class A misdemeanor.1 To seek this relief from the trial court, you must meet the following criteria: Not be a sex or violent offender Your class D felony must not have included acts resulting in bodily injury to another person. Not have been convicted of perjury or official misconduct (under Indiana Code § 35-44-2-1 or § 35-44-1-2). Three (3) years must have elapsed since you completed your sentence and satisfied any other obligation imposed as a result of the ...
February 13, 2014CD
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