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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
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Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
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Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
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Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
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Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
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Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
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Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
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Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
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Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
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Your Injury Attorneys in the News: Truths About Medical Malpractice
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Your Injury Attorneys in the News: Yes, You Can Sue City Hall
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Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
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In the News: Running the Clock on Indiana Medical Malpractice
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In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
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In the News: Parents of Brain-damaged Infant Sue Hospital
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In the News: Does Premises Liability Cover Goose Attacks?
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Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
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In the News – One Week, Four Motorcycle Accidents
June 14 - Newsblog #37
List of Troubled Nursing Homes Released


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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