While it is common, after a hearing, for a trial court who finds the legal basis for a protective order to issue or to Brady-Disqualify a person from possessing firearms (or ammunition under federal law), a new case has limited Brady-Disqualification under the Act.
In a new case, the Indiana Court of Appeals determined that the reference “Brady disqualified” provision in the protection Act, refers to a protective order that “restrains such person from harassing, stalking, or threatening an intimate partner or child of such intimate partner.” Those in this class may be Brady disqualified.
This case made clear that individuals who may be subject to a protective order for stalking that is not an intimate partner is not covered by the Brady act. Thus, to the extent the trial court only relies on the Brady act and not Indiana’s protective order act, a person may not be Brady disqualified if he or she is not an intimate partner.1
This case demonstrates the technical nature of protective orders, which may impact the ability to possess firearms or ammunition or have a License to Carry a Handgun. If the right to keep and bear arms is one you identify with, any protective order request should be discussed with counsel of your choice. Protective orders can enhance certain crimes after issues, impact ability to work and otherwise substantially impact ordinary life.
We hope this blog post helps you become a more informed legal consumer and protect your right to keep and bear arms under the Second Amendment and Article I, Section 32 of the Indiana Constitution. This blog is not intended as a solicitation for representation and is not legal advice. Dixon & Moseley, P.C. advocates handle protective orders across the State of Indiana.