The Fraternal Order of Police are trying to blame the prosecutor for not “red flagging” the FedEx shooter.
A week after the deadly mass shooting at an Indianapolis FedEx facility, the Indianapolis Fraternal Order of Police is criticizing the Marion County prosecutor for failing to monitor the shooting suspect under the state’s red flag law.
The law, named after slain Indianapolis Police Officer Jake Laird, allows law enforcement to seize firearms if a suspect demonstrates mental instability.
[…]
Police seized a shotgun and placed the teen on temporary hold.Prosecutors then decided not to file a petition with the court to add the suspect to the red flag list, because his family agreed to forfeit the firearm.
But that isn’t how it works, per IC 35-47-14-3:
“Sec. 3. (a) If a law enforcement officer seizes a firearm from an individual whom the law enforcement officer believes to be dangerous without obtaining a warrant, the law enforcement officer shall submit to the circuit or superior court having jurisdiction over the individual believed to be dangerous an affidavit describing the basis for the law enforcement officer’s belief that the individual is dangerous.”
The officer who seized the gun is the one who was supposed to file the affidavit, triggering the “red flag” process. Not the prosecutor.
Say, has anyone outside of the entire online firearms community wondered why the FBI was called in on one allegedly suicidal teenager?
Or where an apparently unemployed 18 year-old got the money to buy two not particularly cheap rifles? Not to mention currently expensive ammo that’s virtually unobtainium?
AR-556
MSRP: $800+
HM15
$1,179.00
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