An individual’s Second Amendment1 right to keep and bear arms becomes all the more important in these troubling times. As people in Indiana (and nationally) flocked to their local firearms dealer or a gun shop to buy a gun in the face of uncertainty with the COVID-19 global pandemic, many individuals were “denied” the purchase by a NICS2 background check. Is this your situation? If you didn’t expect it, you probably have many questions swirling around in your head, such as “how is this possible? what does this mean? what can I do to fix it?” In this blog, we ... Read More
Tag: firearms law
29
Apr2020
24
Jul2019
As feds crackdown on 'straw sales,' other illegal gun sales remain harder to track. Ciyou & Dixon, P.C. - Firearms Attorney, Bryan L. Ciyou speaks with Channel 13 Eyewitness News about straw purchases of firearms.
31
May2019
So, you just received a “denial” message while trying to purchase a gun. You may be asking yourself, “what does this mean?” or “what do I do now?” The answer to those questions is, it depends. You may have never had any issues purchasing a gun before. Or maybe you had felony but have since had it expunged. Unfortunately, there are many reasons why an individual may be denied when purchasing a firearm, even if you are “legally” able to purchase one. While this blog doesn’t cover the entire realm of NICS Appeals, it does look at three basic tips ... Read More
23
May2019
Indiana has a strong affirmative defense penal provision that allows Hoosiers to protect their life, home/curtilage and stop forcible felonies.1 It is a crime to pull a gun on someone and, if it goes further, to shoot them. However, an affirmative defense means even if the State (the prosecutor) meets all of the elements of the crimes associated with pulling a gun and even killing a person, you may be acquitted. The affirmative defense says, in essence, the killing is excused because it is justified. This blog covers the four key points that are generally necessary for a person to ... Read More
09
Jan2018
Several years ago, the Legislature passed an expungement statutory scheme to “expungement” or remove old felonies and other arrest and misdemeanor convictions occurring in Indiana from a person’s criminal history. Expunged crimes were basically removed from a person’s criminal history, with the exception of certain uses by law enforcement or in the case of subsequent crimes.
These expungement statutes recognized people change over a long period of time. However, many remained “haunted” and limited in their daily life by an old criminal history. This is despite the fact that they had been model and productive citizens afterward. Most of us are ... Read More
20
Feb2017
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, ... Read More
04
Aug2015
Every person has unique opportunities to go places and/or do things that others rarely get to do. As an attorney with a practice focus in firearms, I try to take up such opportunities. These make me a more informed person and attorney.
I have come to believe a life well lived is one filled with diverse and rich with experiences. What I have observed with all of this is that life is full of examples of law at work. These examples demonstrate America’s legal system of laws, judges, courts and lawyers and their impact each of each and every day—the rule ... Read More
23
Jul2015
To the objective of following the law, keeping guns out of criminals hands, and aiding AFT and other law enforcement officers with preventing or investigating gun crimes, ATF has the ability to do a compliance check (with a cause, such as a firearm sold from a store winding up used in a crime) no more than once a year of an FFL’s A&D Book, 4473s, inventory, and multiple handgun transfer forms.
In this blog post, the five most common Report of Violation issues found by ATF on compliance checks are discussed, remedies, and civil/criminal implications. The most important point to take ... Read More
11
Feb2014
THE NATIONAL CONVENTION IS COMING TO INDY APRIL 24-27, 2014–BE THERE!
I grew up in the country, and guns were an ordinary (and safe) part of daily life. “Hearing about the NRA” and seeing NRA stickers on cars and trucks was a normal part of my life as well. The NRA-logo targets were the ones I shot at during Boy Scout summer camp. Then I didn’t know exactly what the NRA was, nor did, to protect the right to keep and bear arms; but I knew it was really important.
As an adult and then attorney, I continued to have an interest ... Read More
18
Jul2013
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 ... Read More
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