INDIANAPOLIS — All “red flag” cases filed by Indianapolis police will now come before a judge after an Indiana prosecutor was criticized for declining to use the law to pursue court hearings that could have prevented a man from accessing the guns used to kill eight people at a FedEx facility last month.
Judge Amy Jones, who oversees the filings of red flag cases in Marion County, issued new guidance this week. All such reports will now go straight to her courtroom instead of the prosecutor’s office. Indianapolis police will have 48 hours to submit those filings, and two judges will then decide within 14 days whether to hold a hearing.
Indiana’s red flag law allows police to confiscate guns from a person deemed dangerous to themselves or others. Prosecutors can then ask a court to ban that person from buying any other firearms, though the law does not mandate prosecutors to seek a red flag hearing.
Indianapolis police have made at least 45 red flag referrals to the prosecutor’s office so far this year, according to Indianapolis Fraternal Order of Police President Rick Snyder. Marion County Prosecutor Ryan Mears’ office said it filed eight cases since January. All are awaiting rulings.