The Jake Laird law was enacted back in 2005 after Officer Timothy “Jake” Laird suffered fatal injuries in the line of duty. The Jake Laird law, also called the “red flag law,” aims to prevent individuals with mental health issues from accessing firearms when they have been deemed a danger to themselves or others.
However, the police do not always get it right. Challenging the elements of the Jake Laird law may be a crucial element of your criminal defense process. Here is more about the history of the Jake Laird law, your rights, and what to expect if you are accused of unlawful possession of a firearm.
History Behind the Jake Laird Law
The Jake Laird law stems from an incident that happened back in 2004. In January 2004, police officers with the Indianapolis Metropolitan Police Department (IMPD) were sent to the home of someone who was suffering from schizophrenia and became combative with paramedics after not taking their medication. Police immediately detained the individual and confiscated a sizable amount of ammunition and weapons. Once the individual was released from custody in March of 2004, their ammunition and weapons were returned.
In August of that same year, IMPD police officers responded to 911 calls made by neighbors reporting gunfire at the same residence. Multiple police officers were shot, including 31-year-old officer Timothy “Jake” Laird, who was fatally injured after a bullet hit him in the chest above his bulletproof vest. The individual who was responsible for Officer Laird’s death was the same individual suffering from schizophrenia whose weapons were confiscated in January 2004.
Implementing the Jake Laird Law
With the implementation of the Jake Laird law, law enforcement officials have the authority to seize firearms without a warrant if they have reason to believe an individual is an imminent threat to police, the public, or themselves. You may need assistance from a criminal defense attorney if you believe you have been unfairly targeted with a misuse of this law.
Law enforcement officials must file a petition within 14 days of seizing the firearms. The judge will then determine whether the person should be considered a “dangerous individual”. If they are considered a “dangerous individual”, the state may revoke the individual’s right to own or possess firearms. They can also be prohibited from buying new firearms or other dangerous weapons.
Who is Considered a Dangerous Individual?
As described under Indiana Code § 35-47-14-1, only dangerous individuals are subject to the Jake Laird law. According to the statute, a dangerous individual is anyone who:
- Presents an imminent risk of severe injury or death to themselves or another
- Is likely to present a risk of severe injury or death to themselves or another in the future
These laws apply specifically to situations where the individual presenting an imminent risk of injury or death has a mental illness that can be controlled with medication but has not demonstrated a pattern of being able to take their medication consistently and voluntarily. If there is documented evidence that reasonably suggests that the individual has a propensity for suicidal ideation, conduct, or violence, they could be declared a dangerous individual under the statute.
Defendants May Face Criminal Charges
Those found in violation of the Jake Laird law may face criminal charges. Under Indiana Code § 35-47-4-6.5, you could be charged with unlawful possession of a firearm by a dangerous person. This is typically tried as a class A misdemeanor. If convicted, you could be facing fines as high as $5,000 and up to 365 days in prison.
Additionally, you could be charged with unlawful transfer of a firearm to a dangerous person under Indiana Code § 35-47-4-6.7. This is generally tried as a level five felony. If convicted, you could spend up to six years in an Indiana state prison facility and pay fines of up to $10,000.