The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
An individual’s Second Amendment1 right to keep and bear arms becomes all the more important in these troubling times. As people in Indiana (and nationally) flocked to their local firearms dealer or a gun shop to buy a gun in the face of uncertainty with the COVID-19 global pandemic, many individuals were “denied” the purchase by a NICS2 background check.…
We all make New Year’s wishes, right? For thousands of Hoosiers, their wish is to have a clean criminal record without an old misdemeanor or felony conviction holding them back from job opportunities or having a firearm and license to carry. In the last several years, the Legislature has added several laws to allow you new ways to “remove” old…
A. The right to use force and deadly force in Indiana. Under Indiana’s use of force statute, a person is justified in using reasonable force against another person to protect the person or a third party from what the person believes to be the imminent use of unlawful force. Further, a person is justified in using deadly force and does…
A topic that frequently arises in the course of criminal defense is pointing a firearm a criminal charge from doing so on one’s own property. Many litigants are surprised to learn that the curtilage and standing one’s ground under the castle doctrine does not automatically authorize pointing a firearm at someone who enters your property where your home is located.…
While the implications of the nightclub shooting in Miami and law-making on firearms regulation are unknown, there are four new laws or court decisions every gun owner should know to avoid illegal actions and committing a crime. This blog post covers these changes. At the state level, and first, the General Assembly has modified Indiana’s law that has prohibited individuals…
Indiana has passed two versions of expungement statutes. The purpose of the statutory scheme was to restore core civil liberties to certain individuals who had old criminal histories in Indiana. These core civil liberties are to hold public office, vote, serve on a jury and possess firearms. However, the Justice Department did not accept Indiana’s expungement statute to restore the…
After a massive police shoot out with a mentally ill person, Indiana passed a law that allows police officers to confiscate firearms from a person they think is a “dangerous person.” This usually occurs because of a police 911 call. If your firearms are sized in that way, you are entitled to a hearing in a short time to determine…
Federal, state and local gun laws are sometimes driven by emotion following a high profile event in the news as well as policy. Understanding four key dynamics of the law will allow you to stay out of jail and be a respectful gun owner. First, firearms are by design, much like chain saws, gasoline, and baseball bats, inherently dangerous items.…
Where Is The Threshold To Mental Health Disqualification? A question I am asked frequently as I lecture nationally on gun topics is, “can taking prescription medication disqualify me from owning a firearm- based on my mental health?” This is a problem for veterans who sign a standard VA power of attorney over their affairs as they get older–they become disqualified…
New Indiana Laws Relating to Firearms and School Safety and a Resolution Welcoming Gun Manufactures to Indiana A key part of staying in compliance with the law to changing the law is understanding it. This is the focus of this blog post, “What is new in the firearms arena?” With the 2013 Indiana General Assembly coming close, there are three…