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
For the last several years, “Black Friday” gun sales have hit all-time highs, according to statistics from the FBI’s National Instant Background Check System (“NICS”) checks. This means licensed retailers are selling a lot of firearms. Well, this year was no different. The trend continued and the FBI hit an all-time high record of 203,000 NICS checks. Anecdotally, this must mean that a part of Santa’s Holiday gift list in Indiana is purchasing and giving a gun as a gift. But, is this lawful? What are the other legal issues surrounding giving guns as gifts? This is the focus of ...
December 15, 2017CD
The “Long” Wait for Response and Avoiding Becoming an Aggressor: Will You Remain Silent and Lawyer Up? Any incident where a firearm is pointed in self-defense to the exercise of deadly force is a dynamic event. Any civilian in this position is well advised to provide a request for assistance and identify themselves, but not to make statements without a lawyer. Such a traumatic event releases a chemical reaction in the brain that makes you unable to accurately recount facts at the time. Deadly force cases become very difficult for even the most skilled defense counsel when an intruder is on a ...
October 25, 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
What makes our society safe (police) and free (doing what you want) is the delicate balance of power created by the Fourth Amendment to the United States Constitution. For Hoosiers, there is also a balance of power created by Article 1, Section 11 of the Indiana Constitution. A topic not well understood but in the daily news is when the police act (or fail to act). For police and citizens there is no agreement in any given case, but do you know the law? This blog post explores when police may “stop” a person on the street or public place. This is ...
August 9, 2017CD