Brady Disqualifications in Indiana (2024)

In the landscape of firearms legislation, the “Brady Handgun Violence Prevention Act,” commonly known as the Brady Law or Brady Bill, stands as a pivotal piece of federal legislation. Its implications are particularly significant in states like Indiana, where gun rights are a prominent issue. This blog post aims to demystify the Brady Law, offering insight into its intricacies and the critical Brady disqualifications in Indiana that affect potential gun purchasers. As the legal landscape continues to evolve, understanding the nuances of the Brady Law in Indiana becomes essential for both legal practitioners and citizens alike.

If you’ve encountered a Brady disqualification in Indiana, the Indianapolis gun purchase lawyers at Keffer Hirschauer LLP are available to assist you. Our attorneys are dedicated to fighting for their client’s rights and have years of experience doing so. If you need help cutting red tape and zeroing in on the relevant documentation to support your firearm-related challenge or VAF contact our firm today at 317-857-0160 or complete our online contact form to schedule a free consultation.

Overview of the Brady Law

The Brady Law, a cornerstone in the federal regulation of firearms, establishes specific criteria that can disqualify an individual from purchasing a gun. Understanding Brady Disqualifications in Indiana is crucial for anyone involved in the sale, purchase, or legal defense related to firearms. The disqualifications, aligned with federal standards, encompass several key areas:

• Criminal Background: Any individual convicted of a crime punishable by imprisonment for a term exceeding one year is disqualified. This includes both felonies and certain misdemeanors in Indiana.
• Mental Health History: Indiana adheres to the Brady Law’s stipulation that individuals who have been adjudicated as mentally defective or committed to a mental institution are barred from firearm possession.
• Substance Abuse: Under the Brady Law, individuals addicted to, or unlawfully using controlled substances, as defined by Indiana state law, face disqualification.
• Domestic Violence: The law includes provisions that disqualify individuals convicted of domestic violence misdemeanors, a critical aspect in efforts to combat domestic violence in Indiana.
• Other Disqualifying Factors: These include dishonorable discharge from the armed forces, renunciation of U.S. citizenship, restraining orders related to an intimate partner or child, and being in the country illegally.

Each of these disqualifications plays a pivotal role in shaping Indiana’s approach to enforcing the Brady Law. It’s essential for individuals and legal practitioners in Indiana to understand these criteria thoroughly to ensure compliance and address any legal challenges effectively.

Purchasing Firearms Under the Brady Law

When a person purchases a gun from a licensed firearm dealer, they must complete ATF Form 4473. Once complete, the dealer will proceed to transmit that form, either by phone or electronically, to the FBI. The FBI then performs a background check by running the purchaser’s information through one or more of the three federal databases: the National Crime Information Center, the Interstate Identification Index, or the most commonly used database, the National Instant Criminal Background Check System (NICS). Generally, these systems check to see if the purchaser is ineligible to own or possess a firearm under the Brady Law.

The office that performs these background checks operates nearly 24/7, but they get back logged sometimes. Given this, if NICS (or one of the other databases) cannot complete a background check within three (3) days, the licensed seller may proceed to transfer the firearm to the buyer.

In some situations, a background check conducted through the NICS may alert a seller that the potential purchaser is barred from owning or possessing a gun, and therefore is disqualified from completing the purchase. In cases like these, the FBI may mark the hopeful purchaser’s application as either delayed or denied.

When an application is marked “delayed” this means that NICS (or one of the other databases) staff needs additional time to complete the background check, either due to a backlog or because the applicants information is a close match to that of a person prohibited from owning or possessing a firearm under the Brady Law; and therefore, they need more time to verify the information. An application that is “denied,” on the other hand, means that the background check showed that the potential purchaser is prohibited by either the state or federal government from owning or possessing a firearm.

Filing a Brady Disqualification Challenge in Indiana

When a person’s background check application with NICS (or one of the other databases) is denied, they may seek a review of the denial by completing a firearms-related challenge. However, it’s important to understand that this type of appeal is only available to applicants who were denied after a background check, not delayed.

In order to begin a firearms-related challenge, the denied person will need to have the NIC Transaction number (NTN) from their application and the reason for the denial. Having the reason for the denial is extremely helpful, as it will let the person know either (a) what kind of documentation they’ll have to gather and submit to prove that they’re not the person with whom the background check associated; (b) what kind of documentation is required to prove that the grounds for denial are incorrect; or (c) what steps must be taken to remedy the situation that led to the denial, such as expungement.

In addition to a firearms-related challenge, a person may also file a voluntary appeal file (VAF). This is an alternative to challenges and was created for people whose applications were denied multiple times in alleged error. Each VAF request is given a unique person identification number. So, if research demonstrates that the denials were made in error, the person will be able to use their UPIN for future purchases and corresponding background checks.

Individuals may apply for VAF electronically or by mail. When submitting by mail, the following completed forms must be included:

• A VAF application
• A standard fingerprint form properly completed by the agency collecting your fingerprints
• An attorney release form
• The documentation necessary to support your appeal based on the reason for the denial

It’s important to understand that both firearms-related challenges and VAFs can take months to resolve. However, in some situations, this can be remedied by choosing to work with an experienced and skilled firearm restoration attorney in Indiana.

Brady Disqualifications in Indiana not only impact individuals seeking to purchase firearms but also pose unique legal challenges. Navigating these complexities requires an in-depth understanding of both federal and Indiana firearm laws.

• Impact on Individuals: For many Hoosiers, a Brady Disqualification can come as a surprise, often discovered only at the point of attempting a firearm purchase. This can stem from a past domestic violence misdemeanor or an old mental health adjudication the individual might not fully understand.
• Challenging a Disqualification: In Indiana, the process to challenge a Brady Disqualification can be intricate. It often involves legal proceedings to expunge their criminal record or reassess mental health determinations. Legal representation is crucial in these cases to navigate the complexities of state and federal laws.
• Role of Attorneys: Attorneys focusing on firearm-related challenges in Indiana can offer invaluable assistance. They help clients understand the nuances of their disqualification, gather necessary documentation, and represent them in legal proceedings. This legal guidance is particularly important in cases where the disqualification might be based on outdated or incorrect information.
• Preventive Advice: Preventative legal advice is also a crucial service provided by attorneys in Indiana. By understanding the criteria for disqualifications, individuals can make informed decisions and potentially avoid actions that might lead to future disqualifications under the Brady Law.

In summary, the legal implications of Brady Disqualifications in Indiana are far-reaching. However, understanding how the Brady law impacts rights to purchase firearms can help tailor your efforts to avoid having a purchase blocked or denied in Indiana.

The Importance of Working with Gun Rights Restoration Attorneys

Navigating the complexities of Brady Disqualifications in Indiana can be a daunting process, but understanding and addressing these challenges is vital for individuals affected by them. The initial step is to thoroughly understand the reason behind the disqualification. This could stem from various factors outlined in the Brady Law, such as a past criminal conviction or a mental health record. Indiana residents have the right to request their background checks from state or federal agencies to get clarity on this matter.

Once the cause of disqualification is clear, it’s imperative to seek legal counsel. Indiana attorneys focused on restoring gun rights and Brady disqualifications can offer indispensable guidance. They can evaluate the possibility of reversing the disqualification and outline the necessary legal steps. Part of this process involves gathering pertinent documentation, including court records or mental health evaluations, which are essential for any legal challenge or appeal. Once everything required is on-hand, they’ll proceed to help you file a firearm-related challenge.

Exploring legal remedies is another critical step. Depending on the reason for disqualification, options like expungement of criminal records or reevaluation of mental health status might be available. Here, the role of an experienced attorney is crucial in identifying and pursuing these avenues.

Encounter a Brady Disqualification in Indiana? Call Keffer Hirschauer LLP

When a person is disqualified from purchasing a firearm in Indiana due to the Brady Law, the best thing they can do is contact a gun purchase lawyer. Sometimes exercising your right to possess and own a firearm in Indiana requires you to deal with bureaucratic red tape; which could mean waiting months to even hear back about an appeal. However, working with experienced counsel could help streamline the process and avoid unnecessary delays.

To begin the process of making a firearms-related challenge contact the Indianapolis gun purchase lawyers at Keffer Hirschauer LLP. We understand this process inside and out and helped countless Hoosiers in navigating federal purchase denials. To speak with an attorney, schedule a free consultation by calling 317-857-0160 or completing our online contact form.