Indiana Law Benefiting Gun Owners Goes Into Effect This Month

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  • KellyinAvon

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    Civil immunity went to effect with Gov Holcomb's signature.
     

    rebase

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    Also here is an interesting section of the bill:

    "In a civil case in which an immunity defense under subsection (b) or (c) is raised, the fact that a defendant was notprosecuted for a crime related to the defendant's use of force shallcreate a rebuttable presumption that the defendant's use of forcewas justified under IC35-41-3-2 and the jury shall be instructed onthis presumption if the case proceeds to trial."
     

    KellyinAvon

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    Yes, but the article (written by foreigners no less) is entirely focused on civil immunity which was effective April.

    Yeah, I saw that. Just tryin to help out Tom at Bearing Arms. If he'd have come to me first...
     

    HoughMade

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    That's helpful and makes it easier to defend a civil suit.....but don't mistake that for "you can't be sued for a self-defense shoot". You can. This gives the defense more tools to defend the lawsuit.
     

    edporch

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    Great law!
    Now if they would just add a provision that the moment a shooting is shown to be justified, the gun will PROMPTLY be returned to the owner within say 48 hours.
     

    DeadeyeChrista'sdad

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    That's helpful and makes it easier to defend a civil suit.....but don't mistake that for "you can't be sued for a self-defense shoot". You can. This gives the defense more tools to defend the lawsuit.

    I'm just hopeful that's not going to be a factor in anyone's decision about whether or not to squeeze the trigger.
     

    HoughMade

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    I'm just hopeful that's not going to be a factor in anyone's decision about whether or not to squeeze the trigger.

    Agreed. Should not be a factor in the least.

    ...and this law doesn't mean that you won't be put through a **** storm until the matter is resolved or that you won't have to come up with $$ to hire a lawyer to make sure the law gets properly applied.
     

    KellyinAvon

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    Agreed. Should not be a factor in the least.

    ...and this law doesn't mean that you won't be put through a **** storm until the matter is resolved or that you won't have to come up with $$ to hire a lawyer to make sure the law gets properly applied.
    The “No fee until we get money for you” wing of your profession has already been deterred.
     

    HoughMade

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    The “No fee until we get money for you” wing of your profession has already been deterred.

    Agreed and that will be a very positive effect of this law that is exceedingly difficult to measure...

    ...but let's not assume that every lawyer out there will actually know about the law before filing. We can't all have the professional acuity of........me.
     

    WanderingSol07

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    I just asked my state representative, Chris Campbell, why she voted no for this bill. She wrote back "[FONT=&quot]Thank you for taking the time to reach out to me regarding my vote on HB 1284. I did not vote for this bill because there are already laws that protect an individual in cases of self-defense of others. I believe this bill would not enhance that protection."

    I need to do futher research on this.[/FONT]
     

    KellyinAvon

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    Agreed and that will be a very positive effect of this law that is exceedingly difficult to measure...

    ...but let's not assume that every lawyer out there will actually know about the law before filing. We can't all have the professional acuity of........me.

    No such assumptions on my part HM. I'd never lump the INGO lawyers in with the "No fee until we get money for you” crowd.
     

    KellyinAvon

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    I just asked my state representative, Chris Campbell, why she voted no for this bill. She wrote back "[FONT=&amp]Thank you for taking the time to reach out to me regarding my vote on HB 1284. I did not vote for this bill because there are already laws that protect an individual in cases of self-defense of others. I believe this bill would not enhance that protection."

    I need to do futher research on this.[/FONT]

    They get it, but they don't get it. It didn't change Indiana's "stand your ground" law as so many in the media have reported. It provides civil immunity (read as: keeps the Ken Nunn-type of lawyer away) when the use of force was justified. It was in the previous Indiana Code (paraphrasing here) that no individual could be held in legal jeopardy of any kind whatsoever for the justified use of lawful force. It just didn't say you couldn't be sued into bankruptcy proving your innocence, the "No fee until we get money for you" type of lawsuit.
     
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