After a massive police shoot out with a mentally ill person, Indiana passed a law that allows police officers to confiscate firearms from a person they think is a “dangerous person.” This usually occurs because of a police 911 call. If your firearms are sized in that way, you are entitled to a hearing in a short time to determine if you are a “dangerous person” and if your firearms may be retained.
At the first hearing, the burden is on the State to prove this. This means the prosecutor or attorney for the state must prove you are a dangerous person. This is the key time to challenge this. After this determination is made, the evidentiary burden moves to the person alleged to be a “dangerous person” that they are no longer such. This finding is itself problematic for obtaining the return of the firearms in the future.
Second this may impact your ability to obtain or retain a License to Carry a Handgun, as may Hoosiers have chosen to do. Third, it may impact your ability to maintain or purchase firearms under Chapter 44 of the Federal Code because you may be a disqualified person. The key is to consult or retain counsel if you want to challenge this confiscation of your firearms.
Third, state and federal laws and regulations are changing all of the time, so it is foreseeable that a dangerous person finding will have more significant impact on possession of firearms and/or ammunition in the future. There is an intense focus on mental health and connection with crimes with firearms. If you should find yourself in this situation, you should know you have the right to have counsel represent you to challenge this retention and argue that you are not a “dangerous person.”
This blog post is written by attorneys at Dixon & Moseley, P.C. It is for general educational purposes only. It is not a solicitation for representation in a specific case or legal advice. Dixon & Moseley, P.C. attorneys handle “dangerous person” civil confiscation representation throughout the State of Indiana.
