Indianapolis Red Flag Law & Firearm Seizure Lawyer
Police in Indiana can take your guns without charging you with a crime. Under Indiana’s red flag statute, known as the Jake Laird Law, officers can seize firearms from anyone they believe is dangerous, sometimes with a warrant and sometimes on the spot. From there, a court decides whether the State keeps your firearms, whether your right to own a gun is suspended, and how long you have to wait before you can ask for them back. The Indianapolis red flag law and firearm seizure lawyers at Rigney Law LLC represent gun owners at every stage of that process, from the first retention hearing to a petition for the return of seized firearms.
These cases move quickly and they are civil, not criminal, which means many people do not realize how much is at stake until the hearing date arrives. A finding that you are dangerous can follow you into federal background check databases and affect your ability to buy, own, or carry a firearm long after the incident that started it. Getting a lawyer involved early gives you the best chance of keeping that finding off your record.
About Rigney Law LLC
Rigney Law LLC is an Indianapolis criminal defense firm founded in 2017 by Jacob Rigney and Kassi Rigney, a husband and wife defense team and former Marion County deputy prosecutors with over 30 years of combined criminal law experience, including extensive jury trial work. Kassi spent eight years in the major felony drug courts and trained police officers on how to write and execute firearm and narcotics search warrants, so the firm knows exactly how a seizure is supposed to be documented and where officers cut corners. The firm defends gun, drug, OWI, and violent crime charges and handles red flag hearings, civil asset forfeiture, expungement, license rehabilitation, and parole representation. Rigney Law LLC is located at 250 E. 38th Street, Indianapolis, IN 46205 and can be reached by phone at 317-623-0989.
What Is Indiana’s Red Flag Law?
Indiana passed its red flag law in 2005 after Indianapolis Police Officer Jake Laird was killed by a man whose firearms had previously been taken and returned. The law, found in Indiana Code 35-47-14, allows law enforcement to seize and retain firearms from a person considered dangerous. Indiana was one of the first states in the country to adopt this kind of statute, and it has been amended several times since, most notably in 2019.
Unlike some states, Indiana’s law is driven by police and prosecutors. A family member or neighbor cannot file a red flag petition on their own, but their reports to police are often what sets a seizure in motion. That means the case against you may rest on a phone call made during an argument, a comment taken out of context, or a welfare check that escalated.
Who Is Considered Dangerous Under Indiana Law?
The statute defines a dangerous person in two main ways. The first is someone who presents an imminent risk of personal injury to themselves or someone else. The second is someone who may present that risk in the future and who either has a mental illness that can be controlled by medication but has not shown a pattern of consistently taking it, or has documented evidence of violent or emotionally unstable conduct.
The law also makes clear that certain facts alone are not enough. A person is not considered dangerous simply because they have been diagnosed with a mental illness, have been treated for one, or are receiving care. The State has to connect its evidence to an actual risk, and that is often where these cases can be challenged.
How Police Seize Firearms Under the Red Flag Law
Officers can take firearms in two ways. With a warrant, a judge must find probable cause that the person is dangerous and possesses firearms, based on a sworn affidavit describing the interactions that led to that belief and where the guns are located. Without a warrant, officers can seize firearms they come across in the normal course of their duties, such as during a welfare check or a domestic call, if they believe the person is dangerous. In that situation, the officer must file a written statement with the court explaining the basis for that belief, and the judge reviews it to decide whether the firearms should be held.
Both routes create a paper trail, and that paper trail matters. Vague affidavits, missing facts, stale information, and searches that went beyond what the law allowed can all undermine the State’s case. The firm reviews every document tied to the seizure, the same way it would examine the search behind any of its Indianapolis gun crime cases.
The Red Flag Hearing
After the warrant return or officer’s statement is filed, the court must hold a hearing, generally within 14 days, though that timeline can be extended if a continuance is granted. You are entitled to notice and an opportunity to be heard, and the prosecutor represents the State. At this hearing, the State carries the burden of proving by clear and convincing evidence that you are dangerous. That is a higher standard than in most civil cases, and it gives your defense real room to work.
If the court finds the State did not meet its burden, it must order your firearms returned, and law enforcement generally has five days to do so. If the court finds you dangerous, the judge will order the agency to keep your firearms, suspend any handgun license, prohibit you from renting, receiving, owning, or possessing a firearm, and consider whether further mental health proceedings are appropriate. The finding is also sent on for inclusion in the federal background check system.
Preparation for this hearing is where cases are won. That can mean gathering witness statements, medical or counseling records that show stability, evidence that the reported incident was a misunderstanding, and testimony that puts the officer’s account in context. Walking in without a lawyer, or treating the hearing as a formality, is one of the most common and costly mistakes gun owners make.
How to Get Your Firearms Back After a Red Flag Order
If the court orders your firearms retained, you are not out of options. At least 180 days after the retention order, you can petition the court for a finding that you are no longer dangerous. The court sets a hearing, the prosecutor again represents the State, and you have the right to be represented by an attorney. On this petition, you carry the burden of showing by a preponderance of the evidence that you are not dangerous, which means proving it is more likely than not.
A strong petition shows the court what has changed. That may include treatment records, evaluations, stable employment, a clean record since the order, letters from people who know you, and a clear explanation of the circumstances that led to the seizure. If the court grants the petition, it orders your firearms returned and lifts the prohibition. If it denies the petition, you must generally wait another 180 days before filing again.
There are also alternatives if getting the firearms back personally is not realistic right away. Indiana law allows a person subject to a retention order to ask the court to approve a transfer or sale of the firearms to a licensed dealer or another eligible person, which can preserve their value. Waiting too long carries its own risk, because after five years the court may order the firearms permanently disposed of after notice and a hearing.
Other Ways Police Take Firearms in Indiana
Red flag seizures are not the only way gun owners lose access to their firearms. Guns are often taken during an arrest and held as evidence, surrendered under a protective order, or seized as part of a domestic violence investigation. Getting them back after the case ends is not automatic, and many people learn that property rooms will not release firearms without a court order. Property can also be targeted for forfeiture, which is a separate fight the firm handles as part of its civil asset forfeiture defense. Whatever the reason your firearms were taken, Rigney Law LLC can identify the right procedure for recovering them and file what is needed to move the process forward.
Red Flag and Firearm Seizure Representation Across Central Indiana
Rigney Law LLC handles firearm seizure and retention cases throughout Marion County, including Indianapolis, Lawrence, Speedway, Beech Grove, and Southport, and in surrounding counties including Hamilton, Hendricks, Johnson, Boone, Hancock, Madison, and Morgan. Red flag proceedings are heard in the county where the firearms were seized, and each court handles them a little differently, so local experience matters.
Frequently Asked Questions About Indiana Red Flag Law
Can police take my guns in Indiana without charging me with a crime?
Yes. A red flag seizure is a civil proceeding, not a criminal case. Police only need probable cause to believe you are dangerous and possess firearms. No criminal charge is required, although a separate criminal case can sometimes be filed based on the same incident.
Can a family member file a red flag petition against me?
Not directly. In Indiana, the process is started by law enforcement, either through a warrant or a warrantless seizure followed by a statement to the court. Family members, partners, and neighbors can report concerns to police, and those reports are frequently what leads to a seizure.
How soon is the red flag hearing?
The court is required to hold a hearing within 14 days after the warrant return or officer’s statement is filed, though a continuance can push it back. Contact a lawyer immediately after a seizure so there is time to prepare.
What does the State have to prove at the hearing?
The State must prove by clear and convincing evidence that you are dangerous as defined by Indiana law. If it cannot meet that standard, the court must order your firearms returned.
How long do I have to wait to get my guns back after a dangerousness finding?
You can petition for a finding that you are no longer dangerous at least 180 days after the court orders your firearms retained. If that petition is denied, you generally have to wait another 180 days to file again.
Will a red flag order show up on a background check?
Yes. When a court finds someone dangerous, the order is transmitted for inclusion in the federal background check system, which blocks firearm purchases while the order is in place. This is one of the main reasons to contest the finding at the first hearing.
Is it a crime to have a gun after a red flag order?
Yes. Once a court finds you dangerous and prohibits firearm possession, having a gun can lead to new criminal charges. Anyone who knowingly sells or transfers a firearm to you can also face charges.
What happens to my guns if I never petition to get them back?
They stay with the law enforcement agency. After five years, the court can order the firearms permanently disposed of after notice and a hearing. You may be able to ask the court to approve a sale or transfer to a licensed dealer or eligible person before that happens.
Does a mental health diagnosis mean I will lose my firearms?
No. Indiana law specifically says that a diagnosis, treatment, or ongoing care for a mental illness does not by itself make someone dangerous. The State still has to show an actual risk of harm.
My guns were taken after an arrest, not a red flag seizure. Can you help?
Yes. Firearms held as evidence, surrendered under a protective order, or targeted for forfeiture each follow different procedures. The firm can review how your firearms were taken and pursue their return through the correct process.
Contact Our Indianapolis Red Flag Law and Firearm Seizure Lawyers
If police have taken your firearms, or you have a red flag hearing coming up, do not wait until the week of the hearing to get help. Jacob Rigney and Kassi Rigney will review the seizure, explain what the State has to prove, and build the strongest possible case for keeping or recovering your firearms. Call Rigney Law LLC at 317-623-0989 or contact the office online to schedule your free, easy consultation.