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 ... Read More
23
May2019
24
Oct2018
Under Indiana law, you can be convicted of possession of illegal drugs (or other contraband such as a gun) found during the search of a passenger vehicle, even if you are merely the passenger. This concept is called constructive possession and is used to charge and convict both drivers and/or passengers when there is no way for the State to prove direct ownership or control over the drugs or who knew the illegal items were in the car. This is not a new legal concept.
To balance innocence, in cases of constructive ... Read More
18
Jan2017
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 ... Read More
21
Jun2016
Several years ago, a known person who was mentally ill, but had committed no crime and possessed firearms, went on a shooting spree killing a family member and a police officer and wounding another. In response the General Assembly passed the “Dangerous Person” statute.1 This allows police officers to confiscate firearms from persons they believe pose a risk to society. The person is then given an expedited hearing where the burden is on the State to prove they ... Read More
26
Apr2016
As of July 13, 2016, NFA trusts will dramatically change. Those with NFA trusts or those that set them up after this time, will have very different requirements for acquisition of NFA items. This blog post covers three key changes.
The first is that every member of the trust with control will have to complete a new form 5320.23 for each responsible person. The form essentially asks about the information contained on a 4473 form completed when someone purchases a firearm to determine if he or ... Read More
31
Mar2016
Be Informed, Not the Criminal Defendant
By any account, Indiana is unique in its identification with the right to keep and bear arms. For instance, hundreds of thousands of Hoosiers have a License to Carry Handgun. While the need for a license, and in some general sense understanding of the need for training on safe gun handling is widely accepted and understood, there are pervasive myths that attorneys at Ciyou & Dixon see routinely that cause gun owners to be criminally ... Read More
01
Mar2016
Carrying firearms, particularly a handgun, is an ordinary part of life for most members of the law enforcement community as well as a growing number of ordinary citizens from all walks of life. In fact, it becomes so common place and natural—like wearing shoes--that a number of people “forget” and carry these through airport security screening every day.
When this occurs, typically three legal matters occur that an attorney may be able to assist with. First, and most importantly, this probable cause for the crime of ... Read More
19
Jan2016
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 ... Read More
22
Dec2015
While it is common, after a hearing, for a trial court who finds the legal basis for a protective order to issue or to Brady-Disqualify a person from possessing firearms (or ammunition under federal law), a new case has limited Brady-Disqualification under the Act.
In a new case, the Indiana Court of Appeals determined that the reference “Brady disqualified” provision in the protection Act, refers to a protective order that “restrains such person from harassing, stalking, or threatening an intimate partner or child of such intimate ... Read More
12
Nov2015
Indiana has passed two versions of expungement statutes. The purpose of the statutory scheme was to restore core civil liberties to certain individuals who had old criminal histories in Indiana. These core civil liberties are to hold public office, vote, serve on a jury and possess firearms.
However, the Justice Department did not accept Indiana’s expungement statute to restore the right to keep and possess firearms under Indiana law nor qualify for a License to carry a handgun. While a very technical area, as ... Read More
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