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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
January 31 - Newsblog #20
In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
March 22 - Newsblog #27
In the News: Indiana House Passes Long Term Care Protections Bill
April 5 - Newsblog #28
In the News: Slip-and-fall Victim Wins Right to Sue Dollar Tree
April 12 - Newsblog #29
In the News: Inspection Report Shows Vets Harmed at 52 Nursing Homes
April 19 - Newsblog #30
In the News: Sandwich Diversion Causes Fatal Two-semitrailer Crash
April 26 - Newsblog #31
In the News: Does Premises Liability Cover Goose Attacks?
May 10 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
May 17 - Newsblog #33
In the News: Barrel Blast Triggers Wrongful Death Lawsuit
May 24 - Newsblog #34
In the News: when a Product Manufacturer is Not at Fault
May 31 - Newsblog #35
In the News – College Doc’s Sexual Abuse of Students Coming to Light
June 7 - Newsblog #36
In the News – One Week, Four Motorcycle Accidents
June 14 - Newsblog #37
List of Troubled Nursing Homes Released
June 21 - Newsblog #38
In the News: Kansas No-caps Ruling Changes Personal Injury Climate
June 28 - Newsblog #39
In the News: Jury Awards $10.5 Million for Pain and Suffering in Birth Injury Case
July 5 - Newsblog #40
In the News: More Indicted in Last Year’s Duck Boat Tragedy
July 17 - Newsblog #41
In the News: Richard Hailey on Litigation Team for Lawsuit Vs. Tesla
July 24 - Newsblog #42
In the News: Malpractice Lawsuit Yields Largest Award in History
August 28 - Newsblog #43
In the News: Trucks V. Passenger Cars – Score 18:116. Everybody Loses

INDIANA RED FLAG LAW: TRYING TO STEM THE FLOOD OF GUN VIOLENCE

Child found pistol in drawer at home.

If someone is suicidal or an imminent threat to others, should a local judge be able to temporarily take away that person’s guns? Indiana is one of several states with a “Red Flag” law that says the answer to that question is “yes”.

The Indiana Constitution and the U.S. Bill of Rights both recognize an individual’s right to keep and bear arms. However, like any other right, the right to bear arms is subject to reasonable regulation, and, under Indiana Law, a law enforcement officer may seize and keep firearms from mentally unstable or dangerous individuals. (This is known as the Jake Laird” law.) The “red flag” law here allows police to temporarily confiscate firearms from people who are threatening to harm themselves or others.

With gun violence in the spotlight after two high-profile shootings over the past couple of weeks, Red Flag laws are a topic of discussion throughout the country. Meanwhile in Indiana, where one in every three adults owns a gun, debate continues over how – and whether – to bar those with felony or domestic battery convictions from obtaining a gun license.

In an NPR interview, Indiana Attorney General Curtiss Hill, Jr. explained that the red-flag law in Indiana is a tool that allows police officers to confiscate the guns of individuals that they believe to be dangerous to themselves or dangerous to other people. That can also include possible mental illness and off-medication. The seizure of firearms can be made in one of two ways:

  1. with a warrant based on probable cause
  2. without a warrant, with later court approval (In the situation of a warrantless seizure of guns, the police officer is required to immediately apply to court so that the court takes judicial intervention.)

What happens next?

1. If the court orders the firearms held, the individual may file a petition after 180 days seeking return, proving that he or she is no longer dangerous.

2. If the law enforcement agency has kept the firearms for at least five years, the court may order the firearms destroyed or otherwise “permanently” disposed of.

“ Access to a gun can be the difference between life and death in a moment of crisis,”  the onethingtodo.org website cautions. “But there is one thing you can do: you can request a Red Flag order, sometimes known as an Extreme Risk Protection Order (ERPO), to temporarily remove guns from the situation and help keep your loved one safe.”

As personal injury attorneys in Indiana, we at Ramey & Hailey law are acutely aware of gun safety. In fact, one of our goals in this personal injury blog is to reach innocent folks whose lives have been thrown off track after they or their children were victims of gun violence or a gun accident. Meanwhile, we want to do all we can to prevent more Hoosiers from becoming victims.

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