How Biden administration’s proposed red flag gun law differs from Indiana’s current law

How Biden administration's proposed red flag gun law differs from Indiana's current law

On Monday the US Justice Department revealed a piece of draft red flag legislation that it hopes states will copy, tweak to their liking and enact. Red flag laws give courts the right to remove firearms from people they deem dangerous. The Biden administration’s proposal is a mix of features taken from laws already in place across the country. Indiana was one of the first states to enact a red flag law when the general assembly passed it in 2005. It was made tougher in 2019 after lawmakers added a provision barring red flag targets from purchasing or owning a firearm. Red flag law: Here’s how Indiana’s law works and who is affected But even with those changes, Indiana’s law is not as wide-reaching — or punitive — as the framework the Biden administration wants states to consider. One ex-Indiana mayor told IndyStar that if Biden’s model law were in place here, it would have made it easier for prosecutors to stop Brandon Scott Hole before he shot and killed eight people at a FedEx facility in April. Here’s how Indiana’s law compares with the proposal coming out of the Justice Department. Gun rights end quickly In Indiana, if a judge approves a red flag seizure request from law enforcement, that means law enforcement gets to retain whatever firearms they took from the individual. From there, courts have to make "a good faith effort" to hold a hearing within 14 days, to quote Indiana’s law. That’s when a judge […]

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