Indiana’s red flag law has been on the books since 2005, but a prosecutor in the state says the law needs some changes if it’s going to work as intended. Marion County DA Ryan Mears says under the existing law, someone who’s had their firearms seized can still purchase a gun at retail while they’re appealing the temporary order, and he says that needs to change.
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.