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
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
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 taking a firearm, explosive or deadly weapon through a controlled airport inspection point.1 While extreme ...
March 1, 2016Adam Hayes
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 partner.” Those in this class may be Brady disqualified. This case made clear that individuals who ...
December 22, 2015Adam Hayes
Federal, state and local gun laws are sometimes driven by emotion following a high profile event in the news as well as policy. Understanding four key dynamics of the law will allow you to stay out of jail and be a respectful gun owner. First, firearms are by design, much like chain saws, gasoline, and baseball bats, inherently dangerous items. This means that there is significant danger to life and limb by improper use. However, because of the political “camps” that are often defined as “pro” or “anti” gun, negligence is more likely to be addressed in the criminal system versus ...
June 4, 2015Adam Hayes
Click here to download the courts final instruction for carrying a hand gun for necessity. Maybe. One consistent part of life, reflected in the evening news and reality television, is strange, weird, and odd things are not an exception to daily affairs, but an ordinary part of it. This is true with firearms and the legal issues they sometimes raise as well. This hypothetical this blog presents should not occur. Simply put, a person who does not have a license to carry a handgun, or is prohibited from possession, such as a felon, should never find himself/herself in such a situation. But ...
January 19, 2012CD
There are some slight changes or clarifications in the law. There are two (2) components to the pre-506 and post-506 law. The first is the means by which a handgun is transported to a dealer for repair. The second is the handling (carry) of the firearm when returned at the dealer. Under the laws repealed (invalidated) by Indiana Senate Bill 506, a person did not need a License to return a handgun to a dealer for repair. However, he or she had to transport the handgun unloaded and in a “secure wrapper” to the place of repair. The requirements of a ...
May 17, 2011CD