Marion County prosecutor finds loophole in Indiana’s Red Flag Law

[Denny347]

What's the issue with a lot of those then, is it just boiling down to simple CYA by the officers at the time?

I know we were having an issue with vague reports. With an immediate detention, we complete a form that goes to the hospital and the doctor reads the form to determine what to do with the patient. We still did a police report but since Dr's don't have access to them, they were brief. When we started adding firearms, officers were assuming that a detailed ID form was still enough but the brief reports were not detailed enough. Judges also have a mind of their own.

 

[Tanfodude]

So the answer is, have the court date the very next day or so, since we all have the right to speedy trial, not a months away trial.

 

[Cameramonkey]

So the answer is, have the court date the very next day or so, since we all have the right to speedy trial, not a months away trial.

I Agree. If its an emergency enough to immediately confiscate property without due process, we can squeeze in the case within 24 hours... next business day if its a friday afternoon. And if the defendant isnt prepared, he can ask for a continuance.

 

[brotherbill3]

I've a friend who had his pistol stolen, then recovered from the thief from the police. No charges pressed, no need to keep pistol for evidence. He is on month 3 waiting for the 1 person who handles property returns to set up an appt. Multiple phone calls, a few times going in person... It seems like a long time to wait for the State to get a persons property back to them.

Before I was on iNGO ... 10 yrs ago ... I had a misunderstanding of indiana's laws ... so I surrendered for safekeeping a revolver (H&R 900 22rimfire) in a tote to an IMPD officer when my wife and I were t boned & car totaled in a 3 car accident and we were headed to hospital for a check up ... the short story is it took at least 3 or 4 phone calls 5 trips down town, two finger printings, and several hours of missed work to get all of it back ... and we did nothing wrong ... etc.

Ugh.

 

[DadSmith]

If a person is so dangerous that weapons need to be confiscated from them why are they allowed to stay out of jail?

Red Flag laws violate the constitution in more than just the 2nd amendment. It's totalitarian IMO.

 

[Denny347]

I Agree. If its an emergency enough to immediately confiscate property without due process, we can squeeze in the case within 24 hours... next business day if its a friday afternoon. And if the defendant isnt prepared, he can ask for a continuance.

Ummm, they could still be in the hospital or mental facility.

 

[Denny347]

What do people on here THINK happens on a typical run involving the "red flag law" in Indiana? Please walk me through your vision...step by step.

 

[Vigilant]

What do people on here THINK happens on a typical run involving the "red flag law" in Indiana? Please walk me through your vision...step by step.

Cop knocks on door, victim opens door gets, gets tased, and his throat stomped on, while another officer cuffs him. They destroy his house looking for his guns, tag each one with the officer who wants it’s name, throw him into the transport wagon, then they head out for a cheeseburger to talk about who to oppress next? Does that about cover it? Man, I wish I had Doddg or whatever’s bullet point anality(cool make believe word).

 

[Tanfodude]

Ummm, they could still be in the hospital or mental facility.

That's different. We're referring to people like, let's say me. I dry fire at home coz I enjoy USPSA, windows opened or blinds crack. Ignorant neighbor sees what I'm doing and doesn't understand what I'm doing. Calls you guys in, the intensity might vary depending how the dispatcher sounds based on that neighbor's report, it could sound alarming, when it's not. And take it from there since I have no idea what will happen as not all LEO are knowledgeable like you.

Also, someone told me to close my blinds. Yeah, but it's my home and I do what everyone does in their homes. Be comfortable.

 

[Cameramonkey]

Ummm, they could still be in the hospital or mental facility.

And if so, once again, Continuance.

 

[JettaKnight]

What do people on here THINK happens on a typical run involving the "red flag law" in Indiana? Please walk me through your vision...step by step.

I'm pretty sure this is how people envision it: Anonymous tip, cops raid home, take every gun they find, and then the lengthy court battle begins.

That's different. We're referring to people like, let's say me. I dry fire at home coz I enjoy USPSA, windows opened or blinds crack. Ignorant neighbor sees what I'm doing and doesn't understand what I'm doing. Calls you guys in, the intensity might vary depending how the dispatcher sounds based on that neighbor's report, it could sound alarming, when it's not. And take it from there since I have no idea what will happen as not all LEO are knowledgeable like you.

Also, someone told me to close my blinds. Yeah, but it's my home and I do what everyone does in their homes. Be comfortable.

Personally, I envision the initial phone call to be, "My dad is suicidal, he's talking about shooting himself, can you help? We can't get him to give up his gun."

Cops go in, see pop's acting depressed and talking about killing himself and determine that yes, he's likely to carry through with it.
There's Taurus revolver is sitting on a dresser and the cops take it, and send their findings to the court.




How'd I do?

 

[Vigilant]

I'm pretty sure this is how people envision it: Anonymous tip, cops raid home, take every gun they find, and then the lengthy court battle begins.




Personally, I envision the initial phone call to be, "My dad is suicidal, he's talking about shooting himself, can you help? We can't get him to give up his gun."

Cops go in, see pop's acting depressed and talking about killing himself and determine that yes, he's likely to carry through with it.
There's Taurus revolver is sitting on a dresser and the cops take it, and send their findings to the court.




How'd I do?

Meh, not enough action or drama. Very low on the triggering scale, very unINGO. 3/10

 

[JettaKnight]

Meh, not enough action or drama. Very low on the triggering scale, very unINGO. 3/10

Yeah, your version's a lot more entertaining. But, you forgot that the dog gets shot.

 

[GodFearinGunTotin]

As usual, INGO falls along hyperbolic lines to argue the pros and cons of this law. It's fair to argue that some mechanism, a constitutionally valid mechanism needs to be in place to handle suicidal or other dangerous situations. On the other hand, Guy Relford has stated on his radio show that he has defended a number of cases that were initiated maliciously. We have a person in the business stating that this law is used as a weapon. We have anecdotes stating how once a gun is collected by the authorities it's very difficult to get it back in a reasonable, much less a timely manner. There has to be room for considerable reform in this entire process. One that respects due process and property rights.

 

[KellyinAvon]

As usual, INGO falls along hyperbolic lines to argue the pros and cons of this law. It's fair to argue that some mechanism, a constitutionally valid mechanism needs to be in place to handle suicidal or other dangerous situations. On the other hand, Guy Relford has stated on his radio show that he has defended a number of cases that were initiated maliciously. We have a person in the business stating that this law is used as a weapon. We have anecdotes stating how once a gun is collected by the authorities it's very difficult to get it back in a reasonable, much less a timely manner. There has to be room for considerable reform in this entire process. One that respects due process and property rights.

Hyperbolic lines? Okay that is what we do here. There are always a lot of differing and strong views here. We are not the echo chamber we are rumored to be. Freedom isn’t easy…

 

[jwamplerusa]

That's different. We're referring to people like, let's say me. I dry fire at home coz I enjoy USPSA, windows opened or blinds crack. Ignorant neighbor sees what I'm doing and doesn't understand what I'm doing. Calls you guys in, the intensity might vary depending how the dispatcher sounds based on that neighbor's report, it could sound alarming, when it's not. And take it from there since I have no idea what will happen as not all LEO are knowledgeable like you.

Also, someone told me to close my blinds. Yeah, but it's my home and I do what everyone does in their homes. Be comfortable.

LEO's and lawyers, ∆∆∆ this ∆∆∆. I think about this nearly every time I dry fire practice. And I shouldn't have too, I'm in my own home.

 

[Denny347]

That's different. We're referring to people like, let's say me. I dry fire at home coz I enjoy USPSA, windows opened or blinds crack. Ignorant neighbor sees what I'm doing and doesn't understand what I'm doing. Calls you guys in, the intensity might vary depending how the dispatcher sounds based on that neighbor's report, it could sound alarming, when it's not. And take it from there since I have no idea what will happen as not all LEO are knowledgeable like you.

Also, someone told me to close my blinds. Yeah, but it's my home and I do what everyone does in their homes. Be comfortable.

I don't see how I'd ID you with what you gave me. It's pretty much a given that I'd have to ID you or serve you with a Mental Writ to use the "Jake Laird Law" to take your guns.

 

[Denny347]

That's different. We're referring to people like, let's say me. I dry fire at home coz I enjoy USPSA, windows opened or blinds crack. Ignorant neighbor sees what I'm doing and doesn't understand what I'm doing. Calls you guys in, the intensity might vary depending how the dispatcher sounds based on that neighbor's report, it could sound alarming, when it's not. And take it from there since I have no idea what will happen as not all LEO are knowledgeable like you.

Also, someone told me to close my blinds. Yeah, but it's my home and I do what everyone does in their homes. Be comfortable.

LEO's and lawyers, ∆∆∆ this ∆∆∆. I think about this nearly every time I dry fire practice. And I shouldn't have too, I'm in my own home.

Call and report what exactly? I guess ANY caller can lie and say ANYTHING about their neighbor but I do not see what your alarm is based on. Caller says their neighbor is in their house pointing a gun at something? Even if the 911 call taker doesn't ask many questions, the responding officers WILL ask the 911 call taker to ask on their behalf. What does this scenario have to do with the "Red Flag Law"? Remember the definition we are working with:

Indiana Code § 35-47-14-1 defines a “dangerous” person as someone who presents an imminent risk of injury to self or others or presents a risk of injury in the future and has a mental illness that is untreated or is currently not being medicated or there is evidence that the person has a propensity for violence.

 

[GodFearinGunTotin]

Hyperbolic lines? Okay that is what we do here. There are always a lot of differing and strong views here. We are not the echo chamber we are rumored to be. Freedom isn’t easy…

No doubt. It’s kind of predictable though and I’m as guilty as the next person at times. I guess I’m just at a point where the poo-pooing and pissing contests have grown rather wearisome.

 

[DoggyDaddy]

No doubt. It’s kind of predictable though and I’m as guilty as the next person at times. I guess I’m just at a point where the poo-pooing and pissing contests have grown rather wearisome.

Poo-pooing and pissing makes me weary too, especially when I'm getting up 2 or 3 times a night. I just blame it on old age.