This editorial was originally published April 23 in The (Columbus) Republic.
Laws are in place to prevent mentally ill individuals from possessing firearms in Indiana, but they still aren’t stopping some highly dangerous persons from obtaining them.
Back in 2005, Indiana became one of the first states to enact a “red flag law.” Known as the “Jake Laird Law,” named after the Indianapolis Police officer slain in 2004, Indiana code allows law enforcement officers to seize and retain guns from people who are determined to be dangerous to themselves and/or their fellow Hoosiers.
Under current law, after guns are seized, a prosecutor’s office has 14 days to go in front of a judge. The office is also required to file an affidavit with the court within 48 hours of the seizures.
Indiana’s red flag law is currently under scrutiny after Brandon S. Hole, 19, shot and killed eight individuals at a FedEx facility in Indianapolis last week.
There were strong signs that Hole could’ve proven a dangerous threat to his community in the months leading up to the incident — so much so that the FBI looked into his background — but the laws in place didn’t stop Hole from buying new guns and committing a violent act.
Hole’s mother called police on March 3, 2020 after her son said he was going to commit “suicide by cop.” Police then seized a shotgun from Hole during the investigation.
After his firearm was taken by police, and the family agreed to not have it returned, Hole went on to buy two high-capacity rifles, a Ruger AR-556 and HM Defense HM15F, in July and September of last year. Both purchases were made legally through authorized dealers, according to police.
On Monday, Marion County Prosecutor Ryan Mears said his office did not seek a hearing last spring because they didn’t have enough time (two weeks) to prove their case to a judge. Mears said that Hole was treated by medical professionals and was “cut loose” before purchasing the two rifles later that summer.
Mears was put in a tough position, as had his office lost in court they would’ve been forced to give Hole his shotgun back. Regardless of that fact, they should’ve pursued a hearing due to the nature of the case.
At the same time, during that two-week period, nothing would’ve prevented Hole from purchasing new guns despite police confiscating the firearm he already owned.
There’s no way of knowing if a modified red flag law would’ve stopped Hole from opening fire at FedEx last week, but there’s no denying that he shouldn’t have been able to purchase weapons with the known issues he had.
Red flag laws aren’t just applicable to Indianapolis — they are used in rural parts of the state as well.
In July of 2020, the Bartholomew County Sheriff’s Department invoked the law after a local man with a history of medical and mental health issues made statements about harming himself or having others harm him.
Legislators have indicated they will not address the red flag law this session, as it is narrowing to a close, but it’s hard to argue that it shouldn’t be debated next January.
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