Under Indiana law, police can seize firearms that are in the possession of a “dangerous individual” if police are able to support their belief that the person presents a risk of personal injury, either to themselves or to another person. They also must show that the individual is suffering from a mental illness that the person is not properly medicating, or that they have a “propensity for violent or suicidal conduct.”
The law that allows police to take firearms from someone on mental health grounds is known as the “Jake Laird Law.” It is named after an Indianapolis police officer who was shot and killed in 2004 by a man who had just killed his own mother and who had not been taking his prescribed medication for schizophrenia.
Requirements for a Firearm Seizure on Mental Health Grounds
There are several ways that law enforcement can legally seize firearms on mental health grounds.
One way requires police to seek a warrant to search for and seize a firearm from someone who is considered to be a “dangerous individual.” The officer must submit a sworn affidavit to the court that:
- States why the officer believes the individual is dangerous under this law and has a firearm
- Describes the officer’s interactions with the person or with someone else whose information about the individual is believed to be “credible and reliable”
Alternatively, the affidavit can specifically describe where the firearm is, and the application for the warrant can be supported with evidence that convinces a judge that probable cause exists to believe that the individual is a “dangerous individual” under the Jake Laird Law and has a firearm.
Sometimes, police will seize a firearm from an individual they believe to be a “dangerous individual” immediately, even before they have a warrant. When that happens, the officer must then submit an affidavit to the court that supports the seizure, much in the same way that they would if they had sought a warrant ahead of time, so the court can determine whether it appears that the firearm was properly seized.
Hearings After the Seizure
The Jake Laird Law requires the court to hold a hearing after a firearm has been seized from a “dangerous individual.” The person whose firearm was seized can participate in this hearing.
At the hearing, the government must prove by clear and convincing evidence that the person is “dangerous” as defined by the law. If it does, the court can order that the firearm continue to be held by the government, or that it be turned over to a person who does not live with the “dangerous individual” and who agrees to be responsible for it.
If Your Firearm Was Seized Under the Jake Laird Law, Razumich & Associates Can Help
Not every firearm seizure conducted under the Jake Laird Law is valid. The government bears a heavy burden when it comes to proving that someone is a “dangerous individual” and that their firearm should be taken away from them. If this has happened to you and you believe it was done unfairly, contact Razumich & Associates for help.
We know the laws and procedures that relate to Indiana’s Jake Laird Law. We are ready to evaluate your case, and where it appears the government has overreached by seizing your firearm, we can go to bat for you with the court to fight to have it returned.
Call us today at 317-983-5333, or contact us online to schedule a free case evaluation.
