Curtis Hill has released a public safety advisory to increase awareness of
the state’s “Red Flag Law,” a statute enacted in 2005 allowing law
enforcement officers to take possession of firearms from people they believe
to be dangerous as defined in the statute.
Indiana is one of
five states in the nation to have such laws.
Americans, I was sickened by the horrifying news last week out of Parkland,
Florida,” Hill said. “Tragedies like this one are staining our nation. As we
lift up our voices in prayer for the victims and their families, we must
renew our commitment to taking concrete actions to stop gun violence in our
The public safety
advisory has been released to prosecutors and law enforcement officials
statewide. The General Assembly enacted Indiana’s law in 2005 following the
2004 slaying of Indianapolis Police Officer Jake Laird. The shooter was a
mentally ill man who had been admitted earlier that year to St. Francis
Hospital for an emergency detention and had his guns confiscated by police
at that time. After the man’s release from the hospital, he wanted his guns
back, and at that time, police had no way to legally retain them. In August
2004, the man shot and killed his mother before randomly opening fire in a
neighborhood. When police responded to the scene, the man shot and wounded
five officers, including Officer Laird, before being fatally shot by police.
law, a person is considered “dangerous” if he or she presents an imminent
risk of physical injury to himself or others. A person can also be
considered dangerous if he or she presents a potential risk of physical
injury and has either been diagnosed with a mental illness and failed to
take prescribed medication, or if there is documented evidence that the
person has “a propensity for violent or emotionally unstable conduct.”
Flag Law’ is a common-sense measure that in no way inhibits the Second
Amendment rights of law-abiding citizens,” Hill said. “This useful provision
is not as well-known, even among law enforcement, as one might expect.
That’s why this week we are distributing a public safety advisory raising
awareness of the law and urging police and prosecutors to make full use of
it as we work together to protect all Hoosiers.”