INDIANA (WEHT) – Indiana Attorney General Curtis Hill has expressed support for President Trump’s embrace of ‘red flag laws’ in the wake of the recent mass shootings in Dayton, OH and El Paso, TX.
Indiana was one of the first five states in the country to enact red flag laws, passing a statute in 2005. Today, 17 states and Washington D.C. have such laws.
Red flag laws allow law enforcement officers to take firearms from people they believe to be dangerous as defined in the statutes.
Under Indiana’s law, a person is considered “dangerous” if the person presents an imminent risk of physical injury to themselves or others. A person is also considered dangerous if they present a potential risk of physical injury and has either been diagnosed with a mental illness and failed to take prescriptions, or if the person has a tendency for violent or emotionally unstable conduct.
“Indiana’s red flag law is a common-sense measure that in no way inhibits the Second Amendment rights of law-abiding citizens,” Attorney General Hill said. “As President Trump takes concrete actions to stop gun violence in our country, he is wise to encourage more states to adopt these kinds of provisions.”
Indiana’s law prescribes that within 14 days after a firearm is seized from a person deemed dangerous, a court hearing must be held to determine whether the firearm should be returned. If law enforcement officers want to keep the firearms they have to prove by “clear and convincing evidence” that a person is dangerous.
In an Aug. 5 address to the nation, President Trump said, “We must make sure that those judged to pose a grave risk to public safety do not have access to firearms, and that, if they do, those firearms can be taken through rapid due process. That is why I have called for red flag laws, also known as extreme risk protection orders.”
This story was originally published on August 6, 2019