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

  1. #1
    Blue-ID Mafia Consigliere KellyinAvon's Avatar

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

    Saw this last night, saw it again this AM. The example provided was prior to last year's change to the Laird Law went into affect. NICS reporting was in that bill (Jake Laird's mother testified in support).

    Did I miss something or are we being misled? Any legal-eagle please chime in.


    https://fox59.com/2020/02/03/marion-...-red-flag-law/
    INGOer #25,448

  2. #2
    Grandmaster DoggyDaddy's Avatar

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    Okay, to look at this another way... Let's say a person is arrested for a charge that would disqualify him or her from buying a firearm, and then they're released on bail. Are they banned from buying a gun if they have only been accused, but not convicted of a crime?

  3. #3
    Grandmaster DoggyDaddy's Avatar

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    Will they be changing the questions on the 4473 from "Have you ever been convicted of X?" to "Have you ever been accused of X?"

  4. #4
    I still care....Really
    churchmouse's Avatar

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    Guy Relford has a thread on this in his page on the book of faces.
    If the brain were so simple we could understand it, we would be so simple we couldn’t

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  5. #5
    Grandmaster Kirk Freeman's Avatar

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    Quote Originally Posted by DoggyDaddy View Post
    Okay, to look at this another way... Let's say a person is arrested for a charge that would disqualify him or her from buying a firearm, and then they're released on bail. Are they banned from buying a gun if they have only been accused, but not convicted of a crime?
    Yes.
    I told you to buy ammo, mags and lowers. Get on it.

  6. #6
    Grandmaster Kirk Freeman's Avatar

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    Quote Originally Posted by DoggyDaddy View Post
    Will they be changing the questions on the 4473 from "Have you ever been convicted of X?" to "Have you ever been accused of X?"
    Umm, have you read a 4473 before?

    HINT: 11b.
    I told you to buy ammo, mags and lowers. Get on it.

  7. #7
    Grandmaster DoggyDaddy's Avatar

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    Quote Originally Posted by Kirk Freeman View Post
    Umm, have you read a 4473 before?

    HINT: 11b.
    Ah yes, thank you! I'd forgotten about the "under indictment" part. But I'm guessing that the problem with the red flag law is that the person isn't considered to be "under indictment"?

  8. #8
    Master KittySlayer's Avatar

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    Quote Originally Posted by DoggyDaddy View Post
    ...with the red flag law is that the person isn't considered to be "under indictment"?
    Yeah, they are basically considered "guilty" right away.
    When seconds matter the 2nd Amendment matters.

  9. #9
    Mickey Mantle Trigger Time's Avatar

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    Quote Originally Posted by KittySlayer View Post
    Yeah, they are basically considered "guilty" right away.
    Yeah due process doesn't count when it comes to the 2nd amendment.
    Porkchop Sandwiches

  10. #10
    Marksman

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    If I can find an email address, I intend to write Fox59 tonight and admonish them for their reporting.

    Since I don't have a Facebook account, can someone provide a synopsis of Mr Relford's comments on this subject? I would like to be consistent with his comments.

    Sent this off to Fox59 tonight. I don't expect a response, but at least I made an effort.

    "I am incredibly disappointed in Fox59 for airing the February 3rd story "Marion County prosecutor finds loophole in Indiana’s Red Flag Law".
    I have in the past been impressed with journalistic segments you aired on self defense and lawful firearm carry by the citizens of this state.

    A more balanced well researched segment was called for, if the Marion County Prosecutor's politically driven allegation was to be broadcast.
    Red Flag laws as they are often written (including Indiana's) are a danger to the Republic, and its citizens. Red Flag laws are most often written as a gun control measure, NOT a community safety law.

    How do I know this, because most focus on firearms, and not the myriad other ways a disturbed person can cause death and destruction. Effective laws would remove the person from society until they are evaluated and due process is provided, eliminating the threat the individual ostensibly poses to the community by all means, not just firearms.

    Are there better options with less damaging side effects than most Red Flag laws? Arguably, yes there are and they already exist, see the preceding paragraph.

    Further, Red Flag laws have already been weaponized by those seeking to do someone harm. This example <https://www.kktv.com/content/news/Red-flag-petition-filed-against-a-Colorado-officer-in-deadly-shooting--567025131.html> though egregious and extreme clearly shows how Red Flag laws can be miss used.


    What would have happened to a non-LEO citizen in the Colorado story above? It is highly probable the Red Flag action would have been permitted costing the recipient thousands of dollars and loss of a Constitutionally protected Right. Not to mention the government confiscating (really stealing) the citizens property.


    If Mr. Mears actually desires to do something constructive, it would be to IMMEDIATELY go before a judge to request a mental evaluation hold, and to begin the procedures following due process to adjudicate the Red Flag individual as a prohibited person. Anything else is a violation of a citizens Rights.



    I suggest you speak with Mr. Guy Relford esq. to obtain a more balanced assessment of Mr. Mears allegations. www.relfordlaw.com"

    Last edited by jwamplerusa; 02-04-2020 at 18:54.
    Never ascribe to malice or conspiracy, that which can be adequately explained by ignorance or incompetence...

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