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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

ADVERTISEMENT