Pence: Indiana’s red flag law could serve as blueprint...rest of the country

[indykid]

Interesting that the Howard County Sheriff's dept. said it was ok if the firearms were locked up and the child could not get to them. Unfortunately the parents left loaded firearms all over the house per the article, including one in the kid's room. Those were confiscated.

 

[Cameramonkey]

The red flag law concerns me a lot because of the apparent absence of due process. In this case though, it appears as though a warrant was issued in advance to address threats made?

...Deputies reached out to the father to inform him of his son’s statements, and the father agreed to secure the firearms at the home. However, on Sunday, deputies served a warrant and discovered multiple firearms scattered around the house and in the boy’s bedroom, which deputies say were loaded. Howard County Deputies were able to confiscate the guns due to the red flag law. The red flag law, or the Jake Laird law here in Indiana, is currently getting national attention as a way to stop mass shootings...

Not sure this isn't a legit case, stopping a real threat in advance?

Under this specific set of circumstances, if true and accurate as reported, I dont have a problem with this.

Dad was given notice that there was a threat.
Dad agreed to secure the weapons to mitigate the threat. (at least to the officers' faces)
Dad failed to take the warning seriously and secure weapons adequately to prevent the possibility of the kid making good on the threats.
Dad lost said weapons.

I have looked around a bit but I cant seem to find any f**ks to give. Must have loaned them all out.

Now if the story was "dad took action and even though deputies found all guns secured they confiscated them anyway" I'd happily argue against the confiscation. But in this case, dad deserved it.

 

[Tanfodude]

The red flag law concerns me a lot because of the apparent absence of due process. In this case though, it appears as though a warrant was issued in advance to address threats made?

...Deputies reached out to the father to inform him of his son’s statements, and the father agreed to secure the firearms at the home. However, on Sunday, deputies served a warrant and discovered multiple firearms scattered around the house and in the boy’s bedroom, which deputies say were loaded. Howard County Deputies were able to confiscate the guns due to the red flag law. The red flag law, or the Jake Laird law here in Indiana, is currently getting national attention as a way to stop mass shootings...

Not sure this isn't a legit case, stopping a real threat in advance?

This is what the anti gunners think of on all of us. irresponsibility.

 

[HoughMade]

.

 

[bwframe]

The red flag law concerns me a lot because of the apparent absence of due process. In this case though, it appears as though a warrant was issued in advance to address threats made?...Deputies reached out to the father to inform him of his son’s statements, and the father agreed to secure the firearms at the home. However, on Sunday, deputies served a warrant and discovered multiple firearms scattered around the house and in the boy’s bedroom, which deputies say were loaded. Howard County Deputies were able to confiscate the guns due to the red flag law. The red flag law, or the Jake Laird law here in Indiana, is currently getting national attention as a way to stop mass shootings...Not sure this isn't a legit case, stopping a real threat in advance?

This is what the anti gunners think of on all of us. irresponsibility.

Sadly, if the reporting is true, they are correct in this case. This irresponsible gun owner/"parent" gives the anti's fuel. Another reason why we need to firmly correct the idiots among us.

Sounds as if this was an effective use of "see something, say something"?

 

[DadSmith]

IMHO, this should be added to EVERY single law. Report falsely, suffer the same consequences as the accused would have if found guilty. No appeals. Go to jail. Go directly to jail. Do not collect $200.

Amen I'm behind you 100%

 

[BugI02]

https://www.washingtonexaminer.com/...mer-marine-who-threatened-to-slaughter-antifa
FBI uses 'red flag' law to seize weapons from former Marine who threatened to 'slaughter' antifa

"If antifa gets to the point where they start killing us, I’m going to kill them next," Kohfield said outside of Portland Mayor Ted Wheeler's home. "I’d slaughter them, and I have a detailed plan on how I would wipe out antifa."


FBI's Joint Terrorism Task responded within days to seize all of Kohfield's weapons. Agents cited the red flag law to temporarily confiscate the guns, though Kohfield had not committed a crime.

Probably not the most politic way to say it, but guess who gets to be the bad guy - and the FBI is watching him, no less. Wonder if they're paying similar attention to threats on the left. How long before his possession of books by Sun Tzu or von Clausewicz are used as evidence of his obviously mental instability?

It just seems if your state already has a red flag law, you just have to be even more self-censored. How many of us have said similar things (although not with a bullhorn at a political rally)

 

[bwframe]

I think we need to fix our law to make due process mandatory. I'm not comfortable with whatever officer got sent to investigate making the decision to confiscate.

That said, we really do need to be very careful about what we say aloud, on social media and even right here.

 

[Denny347]

I think we need to fix our law to make due process mandatory. I'm not comfortable with whatever officer got sent to investigate making the decision to confiscate.

That said, we really do need to be very careful about what we say aloud, on social media and even right here.

Is it not mandatory? We can seize a firearm but there is always a hearing before a judge to determine outcome.

 

[MarkC]

I think we need to fix our law to make due process mandatory. I'm not comfortable with whatever officer got sent to investigate making the decision to confiscate.

That said, we really do need to be very careful about what we say aloud, on social media and even right here.

Is it not mandatory? We can seize a firearm but there is always a hearing before a judge to determine outcome.

It is in the statute-if an officer makes a warrantless seizure under the red flag law, the affidavit must be submitted to the court within 48 hours and a hearing held "as soon as possible" after the filing.

Here is the specific section of the Indiana Code, IC 35-47-14-3. The entire chapter as a PDF is here.

Also, here is a link to HB 1651, which updated the Red Flag/Jake Laird law last session.

 

[bwframe]

I think we need to fix our law to make due process mandatory. I'm not comfortable with whatever officer got sent to investigate making the decision to confiscate.

That said, we really do need to be very careful about what we say aloud, on social media and even right here.

Is it not mandatory? We can seize a firearm but there is always a hearing before a judge to determine outcome.

It is in the statute-if an officer makes a warrantless seizure under the red flag law, the affidavit must be submitted to the court within 48 hours and a hearing held "as soon as possible" after the filing.

Here is the specific section of the Indiana Code, IC 35-47-14-3. The entire chapter as a PDF is here.

Also, here is a link to HB 1651, which updated the Red Flag/Jake Laird law last session.

I'd honestly love to hear that I'm wrong on this.

How many of these cases have been turned around by a judge who didn't agree with the officer on the scene confiscating? Did these folks have their confiscated firearms returned quickly?

 

[Denny347]

I'd honestly love to hear that I'm wrong on this.

How many of these cases have been turned around by a judge who didn't agree with the officer on the scene confiscating? Did these folks have their confiscated firearms returned quickly?

I dono, it certainly happens but I don't know the statistics. But is that NOT due process, regardless of what the judge decides?

 

[looper]

What Judge will order your weapons be returned ? If someone red flags you,
they will not take the chance you will shoot someone. Sad but true, you won't get em back for a long time if at all.

 

[Denny347]

What Judge will order your weapons be returned ? If someone red flags you,
they will not take the chance you will shoot someone. Sad but true, you won't get em back for a long time if at all.

Um, I've seen it. It does happen.

 

[VUPDblue]

Your fear is understandable but the facts don’t support it.

 

[GodFearinGunTotin]

What Judge will order your weapons be returned ? If someone red flags you,
they will not take the chance you will shoot someone. Sad but true, you won't get em back for a long time if at all.

The sad thing is it cost no one a dime to start this ball rolling against you. Once you are caught up in the system, it costs you time, money, and effort to restore yourself to where you were before. Yeah, sure if you want to spend money on legal fees, etc., people get their guns back. Guy Relford has said on his FB page that it's a sizable percentage he's gotten back for people. But he doesn't work for free.

 

[KellyinAvon]

What Judge will order your weapons be returned ? If someone red flags you,
they will not take the chance you will shoot someone. Sad but true, you won't get em back for a long time if at all.

Are you a danger to yourself or others? Are you suicidal? That is the standard set in the current law.

 

[DadSmith]

What Judge will order your weapons be returned ? If someone red flags you,
they will not take the chance you will shoot someone. Sad but true, you won't get em back for a long time if at all.

So go hide several just in case it happens to you. I hear people have been red flagged because some liberal seen them walking around walmart with a gun on their side. That's nuts and that is why I'm totally against red flag laws.

 

[VUPDblue]

That is absolutely not how it works. I'd like to see an example of that having occurred.

 

[Cameramonkey]

So go hide several just in case it happens to you. I hear people have been red flagged because some liberal seen them walking around walmart with a gun on their side. That's nuts and that is why I'm totally against red flag laws.

That is absolutely not how it works. I'd like to see an example of that having occurred.

He may be referring to a recent OCer that Walmart called the cops on and had him escorted out simply for OCing.

At least that is the story. I saw it in passing a day or two ago but didnt dig deep into the story. I just recall saying to myself "That's odd. WM is the place many go to bust their carry cherry because nobody pays any attention to you. Guess those days may be over. Maybe."