Indiana is one of only five states that permits police to immediately seize firearms from an individual who has been deemed dangerous.
State Attorney General Curtis Hill sent out a reminder of the “Red Flag” law to law enforcement agencies this week in the wake of the Parkland, Florida, school shooting and similar threats circulating throughout the nation.
Noble County Sheriff Doug Harp said local police occasionally use the law if they are at a domestic disturbance call and fear a weapon could be used either immediately or after police have left. The other situation is for suicidal subjects. Harp said the law serves its purpose nicely.
“It gives us the ability to act immediately,” Harp said.
“I agree that Indiana’s ‘Red Flag Law’ adequately balances a person’s Second Amendment rights with public safety concerns for certain persons who are found to be dangerous.” Noble County Prosecutor Eric Blackman said. “It is my hope that family members or other concerned citizens may be more willing to report someone who they believe to be mentally ill and dangerous to law enforcement so that this law can be used to possibly prevent a tragedy.”
Kendallville Police Chief Rob Wiley said his officers have removed guns from dangerous people using the law. He said the guns are sometimes given to family members for safekeeping until whatever crisis that is happening has passed.
Wiley said each situation is different, and there is no common way such matters are handled.
“We look at those on an individual basis,” Wiley said.
The General Assembly enacted Indiana’s law in 2005 following the 2004 slaying of Indianapolis Police Officer Jake Laird, according to a news release from Hill’s office. The shooter was a mentally ill man who had been admitted earlier that year to St. Francis Hospital for an emergency detention and had his guns confiscated by police at that time. After the man’s release from the hospital, he wanted his guns back, and at that time, police had no way to legally retain them.
In August of 2004, the man shot and killed his mother before randomly opening fire in a neighborhood. When police responded to the scene, the man shot and wounded five officers, including Laird, before being fatally shot by police.
According to information provided by the Indiana State Police, Indiana Code 35-47-14-1 defines a “dangerous person” as:
• An individual who presents an imminent risk of personal injury to the individual or to another individual; or
• An individual who may present a risk of personal injury to the individual or to another individual in the future and the individual:
• Has a mental illness (as defined in I.C. 12-7-2-130) that may be controlled by medication, and has not demonstrated a pattern of voluntarily and consistently taking the individual’s medication while not under supervision; or
• Is the subject of documented evidence that would give rise to a reasonable belief that the individual has a propensity for violent or emotionally unstable conduct.
Indiana State Police Lt. Corey Culler, the commanding officer of ISP District 22, and a graduate of East Noble High School, sent out a one-page reminder of his own on Thursday. The reminder was compiled by Indiana State Police legal staff and contains all of the proper procedures, along with Indiana Code citations.
“All agencies are concerned with dangerous people having weapons,” Culler said.
Culler said officers normally have time to contact their local prosecutor’s office if there is a question regarding the proper application of the law.
The law includes an avenue for people to go through the court system to retrieve the seized firearms.
According to the information provided by the State Police, after firearms are seized, a judge has the final say if someone petitions to retrieve them. After 180 days, the person may petition for the return of the firearms. If denied at a hearing, the person can petition the court again, but only have another 180 days have passed.
If five years have passed, a hearing may be held to destroy or permanently dispose of firearms.
According to Blackman, only one person has gone through the formal court process to retrieve their firearm.
“We held a hearing on July 24, 2015, to determine dispositions of the firearms,” Blackman said. “Judge (Robert) Kirsch found that the individual was no longer dangerous, and the firearms were returned.
“Although not a perfect system, it did serve to temporarily get the guns away from a suicidal person, and then returned them when that issue or concern had been dealt with. I do believe we will likely be using this statute more often.”