Posted on 12/05/2022 4:04:43 AM PST by marktwain
On November 23, 2022, Sheriff Martinez of Lake County, Indiana, filed a lawsuit challenging the constitutionality of the new state Constitutional Carry law, HEA 1296, as it banned people who are under indictment from carrying handguns. From kpvi.com:
The county’s chief law enforcement officer filed a lawsuit Wednesday asking a judge to declare unconstitutional a portion of a new Indiana statute barring individuals under indictment from carrying a handgun in public.
House Enrolled Act 1296, which eliminated the need for Hoosiers 18 and older to obtain a state permit to carry a handgun in public beginning July 1, prohibits Martinez from doing the same because Martinez was indicted in January on a felony charge of resisting law enforcement and misdemeanor reckless driving.
HEA 1296 was signed by Governor Holcomb on March 21, 2022. As a way to overcome hostility by some in law enforcement, the bill mirrored several federal definitions of who are prohibited from possessing and carrying firearms.
In addition to citing federal law, HEA 1296 added those definitions and prohibitions directly into Indiana statutes.
Those included a ban on the legal ability to conceal, carry, or transport a handgun for those who are under indictment for a felony. From indy.gov:
8) Under indictment for a felony
“Indictment” means any formal accusation of a crime made by a prosecuting attorney in any court for a crime punishable by a term of imprisonment which could exceed one (1) year.
Indiana’s Lake County Sheriff is under felony indictment
(Excerpt) Read more at ammoland.com ...
Then have your “crazy nephew” institutionalized, just because you have freaks in your family tree doesn’t mean you or any one has the right to deprive the rest of us of our rights until any accusation has been heard in court and adjudicated!
Arrest me and lock me without bail if the crime warrants it until my court hearing, otherwise kick me loose with MY FULL GOD GIVEN RIGHTS INTACT!
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