Right now, even if officers temporarily take away someone’s gun, that person can still go to a gun store and purchase one while the case is open.
“We ultimately don’t benefit if those individuals have access to firearms if they are not of sound mind,” said Mears.
Mears believes family members are courageous when they ask police to take a gun away from a loved one. He thinks lawmakers need to show some courage too.
Indiana’s Red Flag Law — also known as the
Jake Laird Law — allows officers to seize a person’s gun if law enforcement thinks he or she is dangerous or mentally unstable. A hearing is then set within 14 days.
However, Mears said often times the person whose firearm was taken wants to present evidence and testimony. So the case goes to trial. Mears explains that the process sometimes can take months, and in that time period, the person can legally purchase another gun.
“I think we need to have the courage to say it doesn’t make sense for this person to have the ability to purchase a firearm literally an hour later after they go through this stressful situation,” he said.
Mears is urging lawmakers to close this loophole.
He used a case last year as an example. Mears said a petition was filed in December of 2018 to take away a gun from a woman named Melissia Mitchell.
About two months later, in February of 2019, police said she shot her neighbor, Seth Johnson. He was taken to surgery for a bullet wound to his right lung, several broken ribs and a portion of his lung had to be removed, according to court documents. Mitchell was charged with aggravated battery and carrying a handgun without a license.
The Marion County Prosecutor’s Office said she purchased that firearm from a licensed gun dealer.
“There is nothing from preventing a person from purchasing, using or borrowing a firearm from someone else while their case is pending,” Mears said. “The law only applies to the dangerous firearm the person had access to when the officer interacted with them.”