ILNews

Gun seizure case presents first impression issue

Back to TopCommentsE-mailPrintBookmark and Share

A man whose 51 guns were ordered seized by a judge who determined him dangerous after his behavior alarmed Bloomington police near the site where missing Indiana University student Lauren Spierer was last seen is asking the Indiana Supreme Court to return his firearms.

The transfer petition filed Sept. 5 by Carmel attorney Guy Relford argues state laws allowing the taking of firearms from people deemed “dangerous” are unconstitutionally vague and that the law as applied to his client, Robert Redington of Indianapolis, is unconstitutional and wasn’t sufficiently supported by evidence.

IL_Guns08-15col.jpg Carmel attorney and firearms training expert Guy Relford has petitioned the Indiana Supreme Court for transfer of a case in which a man’s guns were seized without an arrest.(IL file photo)

Redington was never charged, and he was released after three days of observation by mental health professionals “on the specific conclusion that he was not a danger to himself or others,” the petition claims.

“Only individuals who pose an imminent risk to themselves or others should be subject to the seizure and confiscation of their firearms,” the petition argues. “Lawful and sane Indiana residents should not be subject to those penalties based only upon the speculation and conjecture of persons untrained in mental health – such as law enforcement officials – and unsupported by competent expert testimony.”

The brief says Redington, 56, has no criminal history and has held the same job for 35 years. “Yet despite the fact that Redington has never been arrested or convicted of any crime and his property has never been used in a crime, his property has nonetheless been seized by the State without any compensation to Redington whatsoever. … It is therefore clear that the Act violates Article 1, §21 of the Indiana Constitution and the Fifth Amendment of the U.S. Constitution as applied to Redington.”

The case presents a matter of first impression: Who may be considered dangerous enough under state law to have weapons taken from them without being criminally charged.

That question resulted in a split 48-page opinion last month from the Indiana Court of Appeals which affirmed a trial court order and the subsequent confiscation of firearms from Redington’s home. Three judges wrote three opinions, but two upheld Monroe Circuit Judge Mary Ellen Diekhoff’s order to search Redington’s home and confiscate weapons after she determined he was “dangerous” under I.C. § 35-47-14-1(a)(2)(B).

The state believes the Court of Appeals got it right.

“Mindful of the right to bear arms, the Legislature passed a statute to address situations with armed mentally disturbed individuals posing danger to others; and we agreed with the Court of Appeals decision that the statute is constitutional and that the trial court judge properly applied the law in this circumstance,” said Bryan Corbin, spokesman for Indiana Attorney General Greg Zoeller. “We contend the Court of Appeals should be affirmed.”

Bloomington police detained Redington on Aug. 4, 2012, after encountering him in a parking garage near Kilroy’s Sports Bar just off the IU campus. He had been scoping out the location with a range-finder, and his behavior was erratic, according to police. He told far-fetched stories of having met Spierer, and he asked police about their proficiency shooting at long distances. Redington also later told authorities he’d seen spirits, among other things, that prompted police to detain him on the belief that he was delusional.

Detectives took Redington to IU Health Hospital in Bloomington, where a doctor said Redington suffered from “a type of personality disorder called schizotypal,” and perhaps a paranoid or delusional disorder. A registered nurse assigned to Redington said he “‘appeared delusional, grandiose, and ... religiously preoccupied,’ in that he appeared to be experiencing ‘a break with . . . reality’ and that he claimed ‘he would know things that would happen beforehand,’” according to the prevailing COA opinion written by Judge Elaine Brown and joined with a concurring opinion by Judge Cale Bradford.

Redington was legally carrying two handguns that were seized, along with a shotgun found in the trunk of his car. During the period of his psychological evaluation, the search of his home ordered by Diekhoff turned up another 48 firearms and ammunition that were seized, and Redington’s license to carry a handgun also was suspended.

“This case appears to be an issue of first impression, and, as recent events nationwide have demonstrated, poses a question of great public interest,” Brown wrote. “We find that Redington continuing to own firearms threatens to inflict ‘particularized harm’ analogous to tortious injury on readily identifiable private interests.”

But Relford’s brief cites Judge Patricia Riley, who wrote in dissent that the state failed to meet its burden showing a person is dangerous if he “presents an imminent risk of personal injury” to himself or another. She noted that the psychologist who examined Redington after his involuntary commitment testified that he was released when it was determined he didn’t pose an imminent danger.

“The State provided no further probative evidence establishing otherwise,” Riley wrote. “I would therefore reverse the trial court.”  

The brief seeking transfer also refers to popular culture to argue that the government has no legitimate interest in depriving law-abiding citizens of their Second Amendment rights based on the possibility of a future risk.

“Indeed, the State’s application of the Act to Redington is eerily reminiscent of the movie ‘Minority Report,’” the brief argues, citing the science-fiction film’s cautionary tale of a “department of pre-crime” in which future criminals are arrested and punished before offending.•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT