El Tejon
Member
THR of Indiana, I need your help!
We've had a couple of threads on proposed Indiana House Bill 1251 which would amend Indiana's procedures as to people suspected of being mentally unstable and their ownership of firearms. The bill is potentially troublesome because, as written, it is rife with potential for executive and judicial abuse (the police have a suspicion that someone is unstable, this suspicion can come from others--ANYONE BEEN IN DIVORCE COURT? and the thought of untrained police doing psych evals on the spot makes me shudder [no offense to police who must often deal with the mentally unstable]). Toward curbing this potential abuse, I need the aid of THRers from Indiana.
I urge all members to contact their state Representatives and Senators and urge them to only consider HB 1251 with modifications that would protect the RKBA. These modifications are procedural safeguards to ensure that the law is not used by police to disarm those who may be politically unpopular or used as a vehicle for revenge/harrassment by law enforcement.
In 1251 we need:
1. To ensure that the standard for law enforcement to detain an individual's firearms is written into the statute. That standard should be the same as an arrest, probable cause.
2. To ensure that there is a heighten standard for a judicial review of this law enforcement detainment. The prosecution should have to prove someone mentally unstable by clear and convincing evidence.
3. To ensure that law enforcement does not abuse this procedure, liquidated damages need to be written into the statute. For example, criminal penalties for officers who recklessly, knowingly or intentionally disarm an individual they know not to be mentally unstable; it should apply to prosecutors as well. As well, if an individual is not found to be mentally unstable the prosecution should pay a fine as well as the individual's attorney fees.
4. A publicly funded, if qualified, right to appeal should exist as with criminal convictions (Indiana law provides right to appeal any criminal conviction, even lowest misdemeanors, to Court of Appeals).
*probable cause: fair probability of a crime
*clear and convincing evidence: evidence which results in reasonable certainty of the truth of the ultimate issue at controversy
*liquidated damages: stipulated penalty/fine for nonperformance (often used in contract law)
Tejon rules are in effect: be concise, be polite. Call and then write, by hand, both your Rep and your Senator and then write the Gov.
"Dear Representative XXXXX:
Please be aware that I am writing in regard to House Bill 1251. While I appreciate the danger that law enforcement, or anyone, may face when confronted with mentally unstable individuals with firearms, I believe there are several modifications to House Bill 1251 that will serve the purpose of protecting law enforcement and my right to keep and bear arms.
[List modficiation]
I urge you not to vote for House Bill 1251 until these changes are made. Moreover, I urge to protect my right to keep and bear arms during this legislative session.
I thank you for your cooperation in this matter and I thank you for your time.
Very truly yours,
/s/ El Tejon
Indiana House of Representatives
200 West Washington Street
Indianapolis, Indiana 46204-2786
Indiana Senate
same address, ZIP is 46204-2785
1-800-382-9842
1-800-232-0404 (TDD)
If you do not know your Rep and Senator, call and get their names or look up on General Assembly's website.
Let's get on this early while this proposal is in committee. Alert your gun club, talk to your friends, neighbors, church members, people in your basketball and euchre league. While we are at it, write the NRA and tell them that we are not pleased with the bill in the current form, be polite, be concise.
Let us not sit and whine and render our garments and expect others to help us (with as few Electoral Votes as we have we should be used to this situation).
If anyone has questions, do not hesitate to contact me.
Kirk
We've had a couple of threads on proposed Indiana House Bill 1251 which would amend Indiana's procedures as to people suspected of being mentally unstable and their ownership of firearms. The bill is potentially troublesome because, as written, it is rife with potential for executive and judicial abuse (the police have a suspicion that someone is unstable, this suspicion can come from others--ANYONE BEEN IN DIVORCE COURT? and the thought of untrained police doing psych evals on the spot makes me shudder [no offense to police who must often deal with the mentally unstable]). Toward curbing this potential abuse, I need the aid of THRers from Indiana.
I urge all members to contact their state Representatives and Senators and urge them to only consider HB 1251 with modifications that would protect the RKBA. These modifications are procedural safeguards to ensure that the law is not used by police to disarm those who may be politically unpopular or used as a vehicle for revenge/harrassment by law enforcement.
In 1251 we need:
1. To ensure that the standard for law enforcement to detain an individual's firearms is written into the statute. That standard should be the same as an arrest, probable cause.
2. To ensure that there is a heighten standard for a judicial review of this law enforcement detainment. The prosecution should have to prove someone mentally unstable by clear and convincing evidence.
3. To ensure that law enforcement does not abuse this procedure, liquidated damages need to be written into the statute. For example, criminal penalties for officers who recklessly, knowingly or intentionally disarm an individual they know not to be mentally unstable; it should apply to prosecutors as well. As well, if an individual is not found to be mentally unstable the prosecution should pay a fine as well as the individual's attorney fees.
4. A publicly funded, if qualified, right to appeal should exist as with criminal convictions (Indiana law provides right to appeal any criminal conviction, even lowest misdemeanors, to Court of Appeals).
*probable cause: fair probability of a crime
*clear and convincing evidence: evidence which results in reasonable certainty of the truth of the ultimate issue at controversy
*liquidated damages: stipulated penalty/fine for nonperformance (often used in contract law)
Tejon rules are in effect: be concise, be polite. Call and then write, by hand, both your Rep and your Senator and then write the Gov.
"Dear Representative XXXXX:
Please be aware that I am writing in regard to House Bill 1251. While I appreciate the danger that law enforcement, or anyone, may face when confronted with mentally unstable individuals with firearms, I believe there are several modifications to House Bill 1251 that will serve the purpose of protecting law enforcement and my right to keep and bear arms.
[List modficiation]
I urge you not to vote for House Bill 1251 until these changes are made. Moreover, I urge to protect my right to keep and bear arms during this legislative session.
I thank you for your cooperation in this matter and I thank you for your time.
Very truly yours,
/s/ El Tejon
Indiana House of Representatives
200 West Washington Street
Indianapolis, Indiana 46204-2786
Indiana Senate
same address, ZIP is 46204-2785
1-800-382-9842
1-800-232-0404 (TDD)
If you do not know your Rep and Senator, call and get their names or look up on General Assembly's website.
Let's get on this early while this proposal is in committee. Alert your gun club, talk to your friends, neighbors, church members, people in your basketball and euchre league. While we are at it, write the NRA and tell them that we are not pleased with the bill in the current form, be polite, be concise.
Let us not sit and whine and render our garments and expect others to help us (with as few Electoral Votes as we have we should be used to this situation).
If anyone has questions, do not hesitate to contact me.
Kirk
:banghead: 
:banghead: