Loophole in Indiana red flag law comes under fire ???

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  • jamil

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    Obviously IU professors are not the final word in how things should be.
     

    223 Gunner

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    Hmmmm. I see how this can be very profitable to our local lawmakers.

    Just imagine your collection being confiscated on trumped up charges that you are a "threat" to yourself or others.
    It will be nearly impossible to get your guns back.

    Then after everyone takes what they want, they will sell the rest at auction and use that money to fund the local P.D.
    How can we repeal the current law, and then make illegal to ever pass another version of it?
     

    Kirk Freeman

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    Hmmmm. I see how this can be very profitable to our local lawmakers.

    Just imagine your collection being confiscated on trumped up charges that you are a "threat" to yourself or others.
    It will be nearly impossible to get your guns back.

    You mean The System can just make up crap about you for filing an APRA request and copying and pasting a Supreme Court decision on Facebook and then discussing the decision with 2 members of the Public Defenders office?

     

    BigMoose

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    You mean The System can just make up crap about you for filing an APRA request and copying and pasting a Supreme Court decision on Facebook and then discussing the decision with 2 members of the Public Defenders office?
    Is that the case for the unhealthy obsession with German firearms?

    Who knew.
     

    drillsgt

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    I thought Boone Co was one of the good ones? It looks like they're all in on the red flag nonsense, it seems they take a sort of 'kill 'em all and let God sort them out' approach like they're afraid to make a decision.
     

    bwframe

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    I thought Boone Co was one of the good ones? It looks like they're all in on the red flag nonsense, it seems they take a sort of 'kill 'em all and let God sort them out' approach like they're afraid to make a decision.
    To address some of the issues with the red flag law, Boone County Prosecutor Kent Eastwood is using a grant for a new special prosecutor that does nothing but red flag cases. His office also trains every cop in Boone County on how the red flag law works.

    “If the person is dangerous, we file it, and if it’s one of those border lines and we are not sure, we will still file and let a judge make the determination,” Eastwood said.

    :xmad:


    That's a lot for a cop to have to deal with. Sounds as if it's geared towards erring on the side of passing the decision up to a judge?

    What exactly are the specific listed guidelines that the officers use to determine "dangerous"?


    .
     

    chipbennett

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    FTA:

    For one, it is not applied equally in every county across the state, and, second, there is a loophole that allows, even after their guns have been confiscated, to go out and buy more guns.

    Four days after the FedEx shooting on April 15, 2021, Marion County Prosecutor Ryan Mears said his office didn’t file a red flag petition on the shooter. His mother had voluntarily surrendered a shotgun to police over concerns her son would commit “suicide by cop.”

    Under Indiana’s red flag law, once a person is deemed dangerous to themselves or others, they cannot possess, own, rent, buy or sell a firearm.

    So, the "loophole" is that, if the prosecutor doesn't file the red flag paperwork to invoke the due process, the accused isn't subjected to the red flag restrictions?

    Really scraping the bottom of the barrel on this one...

    "Journalism" :rolleyes:
     

    jwamplerusa

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    The issue with the FedEx shooting was pretty much exclusively that Ryan Mears and his organization were lazy and / or incompetent. A Red Flag law filing by IMPD should receive immediate consideration as it is a time sensitive issue which also involves affecting a citizens Rights without due process. The faster due process is initiated the sooner any applicable lawful restrictions can be placed on an accused.

    I have been pressing my State Representative to address two areas of Indiana's Red Flag law I believe need amendment.

    1. Amend Indiana's "Red Flag" law to place short duration hard timelines on the return of property and the restoration of all rights unless an individual is adjudicated mentally ill. Adjudication must be determined on a priority timeline, as it impacts a citizens Rights.

    2. Amend Indiana's "Red Flag" law to institute clear criminal liabilities for false reporting, including making the reporter liable for all costs incurred by the individual impacted by a false or erroneous "Red Flag" accusation. The criminal penalties must include incarceration.
    Red Flag laws have a multitude of problems, and are too easily weaponized. Every citizen deserves due process, these laws seek to subvert that very basic expectation of every American.

    The question, and the law suits, which should be getting asked are the liability to be enforced upon FedEx by their policy of disarmament. The sooner a few cases are brought, and won by the plaintiff, for having been injured or killed having been denied the right of self defense by another entities policy of disarmament the sooner things will change. The preceding is the direction law, precedent, and policy should be driving. If I am injured or killed in a "gun free zone" or by the policies of an employer, I want the legal system to recognize the entity which disarmed me was liable for my protection. If they fail in that protection I want them (government or private) to experience a crushing penalty.
     

    223 Gunner

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    The issue with the FedEx shooting was pretty much exclusively that Ryan Mears and his organization were lazy and / or incompetent. A Red Flag law filing by IMPD should receive immediate consideration as it is a time sensitive issue which also involves affecting a citizens Rights without due process. The faster due process is initiated the sooner any applicable lawful restrictions can be placed on an accused.

    I have been pressing my State Representative to address two areas of Indiana's Red Flag law I believe need amendment.

    1. Amend Indiana's "Red Flag" law to place short duration hard timelines on the return of property and the restoration of all rights unless an individual is adjudicated mentally ill. Adjudication must be determined on a priority timeline, as it impacts a citizens Rights.

    2. Amend Indiana's "Red Flag" law to institute clear criminal liabilities for false reporting, including making the reporter liable for all costs incurred by the individual impacted by a false or erroneous "Red Flag" accusation. The criminal penalties must include incarceration.
    Red Flag laws have a multitude of problems, and are too easily weaponized. Every citizen deserves due process, these laws seek to subvert that very basic expectation of every American.

    The question, and the law suits, which should be getting asked are the liability to be enforced upon FedEx by their policy of disarmament. The sooner a few cases are brought, and won by the plaintiff, for having been injured or killed having been denied the right of self defense by another entities policy of disarmament the sooner things will change. The preceding is the direction law, precedent, and policy should be driving. If I am injured or killed in a "gun free zone" or by the policies of an employer, I want the legal system to recognize the entity which disarmed me was liable for my protection. If they fail in that protection I want them (government or private) to experience a crushing penalty.
    I completely agree, there needs to be some stiff penalties for erroneous reporting. I can see how false reporting could easily get out of hand.
    Disgruntled neighbor decides to cause you some grief. Ex spouse, pissed off kids. Anyone could cause you some serious legal problems if the avg. Citizen is allowed to report.
     

    KellyinAvon

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    I completely agree, there needs to be some stiff penalties for erroneous reporting. I can see how false reporting could easily get out of hand.
    Disgruntled neighbor decides to cause you some grief. Ex spouse, pissed off kids. Anyone could cause you some serious legal problems if the avg. Citizen is allowed to report.
    Jim Lucas introduced a bill like this a couple years ago. It ended up not going anywhere because it created new felonies. There definitely needs to be something like this For red flag, however some say it is covered in the current false reporting laws.
     

    EyeCarry

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    New to the thread here. On the page link above, it says the police can only confiscate firearms that are handed over to them unless they have a warrant. I have to assume they always have a warrant.
    What if the red flagged person States they only got rid of the one and only firearm but they had?
     

    chipbennett

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    New to the thread here. On the page link above, it says the police can only confiscate firearms that are handed over to them unless they have a warrant. I have to assume they always have a warrant.
    What if the red flagged person States they only got rid of the one and only firearm but they had?
    Then (apparently), the red-flagged person goes and shoots up a shopping mall with the un-confiscated gun(s).

    That's kind of the issue with taking things away from a dangerous person, instead of adjudicating the person to be dangerous and then removing him from the would-be targets of his danger. Kind of like relying on a piece of paper to keep a domestically violent person away from the target of his domestic violence.
     

    edporch

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    The biggest "loophole" I see is when the judge orders your firearms returned in their entirety.
    i.e. Including magazines.
    What enforcement power does the judge have to see that they're PROMPTLY returned in their entirety?
    Take Indianapolis for example.

    I wouldn't put it past them to take all of a person's magazines, which could amount to several for each gun, then just steal them when/if they return your guns.
     

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