Why red flag law didn’t stop Fedex shooter Brandon Hole from obtaining rifles

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Public records suggest that the gunman behind the FedEx massacre was able to legally obtain two rifles — even after having another gun taken away last year — because he never had a competency hearing. 

Under Indiana’s so-called “red flag law,” authorities are supposed to seek court intervention when they confiscate guns and believe that returning them to a person would constitute a threat, in a bid to keep guns out of the wrong hands. 

The measure is also known as the “Jake Laird Law,” in memory of an Indianapolis cop who was killed by a mentally ill man after his guns were returned to him.

But Brandon Hole — the 19-year-old behind Thursday’s bloodbath at the FedEx facility he used to work at in Indianapolis — was apparently never the subject of such a hearing, even though he had been involved in a weapons case amid mental issues that involved the FBI last year, according to records.

Indianapolis authorities told The Post on Sunday that they are investigating the situation.

“We are looking into this matter and will be in touch with more information as soon as possible,” said a spokesman for the Marion County Prosecutor’s Office.

On March 3, 2020, Hole had a brand-new shotgun taken away from him when his mom called 911 saying he expressed a desire to commit suicide by cop, the Indy Star reported. 

A police record for the incident states that cops seized a shotgun from a “dangerous person” and that Hole was taken into custody for an immediate mental-health hold, the outlet reported. 

Under the state’s “red flag law,” cops are supposed to file an affidavit with the court when a firearm is taken, explaining why the person who had it is dangerous, according to instructions issued by the Indiana State Police. 

The gun owner has the right to a hearing no later than 14 days after the seizure if they want to fight their case.

After a hearing, if the court rules that the person is dangerous, law enforcement is allowed to keep the firearm and the gun owner’s license to carry is suspended and he or she is no longer be able to legally own a gun, according to police. 

If the court doesn’t find probable cause, the firearms must be returned within five days. 

Police have said Hole’s shotgun was never returned to him, although there are no public court records to show he ever went before a judge between March 3 last year and the shooting last week. Hole went on to legally buy two rifles, authorities have said.

It is unclear if police ever filed an affidavit with the court like they are required to do or if Hole was ever scheduled for a competency hearing.

The COVID-19 pandemic was just starting to disrupt the judicial process around the time he would have been in line for one. 

Indianapolis Metropolitan Police Department Chief Randal Taylor told the New York Times it appears as if authorities didn’t deem Hole subject to the “red flag law,” even though he was called a dangerous person in the police report.

The chief said he was unsure whether the teen ever had a hearing or how his department maintained possession of his shotgun. 

“I don’t know how we held onto it,” Taylor told the outlet. 

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