1
00:00:00,400 --> 00:00:02,440
Speaker 1: I love it when we have Guy Relford in here,

2
00:00:02,840 --> 00:00:05,880
Speaker 1: because as much of a tough guy as Guy is,

3
00:00:07,040 --> 00:00:09,640
Speaker 1: Nigel and I usually bully him into working for free

4
00:00:09,760 --> 00:00:14,000
Speaker 1: for a little bit here. Completely true, It's time for

5
00:00:14,160 --> 00:00:18,040
Speaker 1: ask the gun guy your two A questions answered by

6
00:00:18,079 --> 00:00:22,959
Speaker 1: the best to a attorney in the United States. Just

7
00:00:23,040 --> 00:00:25,360
Speaker 1: keep your stuff as brief as possible so we can

8
00:00:25,360 --> 00:00:28,320
Speaker 1: get to as many calls as we can. And once

9
00:00:28,360 --> 00:00:32,280
Speaker 1: again for full transparency. It's not a big secret, guy,

10
00:00:32,600 --> 00:00:38,440
Speaker 1: you are part of this Westfield home invasion shooting Whitestown. Yes, sir, Whitestown.

11
00:00:38,440 --> 00:00:42,320
Speaker 1: I'm sorry, Whitestown. So you cannot really go into details

12
00:00:42,360 --> 00:00:45,319
Speaker 1: on that. I know it's a high profile case. You

13
00:00:45,360 --> 00:00:48,519
Speaker 1: can't really get into specifics. But if somebody wants to

14
00:00:48,560 --> 00:00:52,239
Speaker 1: talk about something similar or the castle doctrine, you can

15
00:00:52,240 --> 00:00:52,680
Speaker 1: do that, right.

16
00:00:52,800 --> 00:00:55,040
Speaker 2: I can always explain what the loss is. I just

17
00:00:55,040 --> 00:00:58,120
Speaker 2: can't make any specific statement about that case. Okay, So

18
00:00:58,360 --> 00:00:58,840
Speaker 2: there you go.

19
00:00:59,600 --> 00:01:02,360
Speaker 1: Justin up first, justin Welcome to the hammer in Nigel Show.

20
00:01:04,400 --> 00:01:10,200
Speaker 3: Hi, I had a question, I can are you legally

21
00:01:10,480 --> 00:01:15,280
Speaker 3: allowed to sell your own personal handgun to anyone else

22
00:01:15,880 --> 00:01:20,200
Speaker 3: you know that would wanting to buy it? Legally just

23
00:01:20,360 --> 00:01:23,920
Speaker 3: by you know, signing a paper and with a witness.

24
00:01:24,240 --> 00:01:27,520
Speaker 2: Well, yeah, I mean, Indiana doesn't put any restrictions on

25
00:01:27,560 --> 00:01:30,720
Speaker 2: the ability to sell a gun to another private individual,

26
00:01:30,800 --> 00:01:35,839
Speaker 2: except that you can't knowingly sell a gun a handgun

27
00:01:35,880 --> 00:01:39,640
Speaker 2: to someone under eighteen, and you can't knowingly transfer any

28
00:01:39,680 --> 00:01:43,160
Speaker 2: firearm to someone who you know to be a prohibited

29
00:01:43,200 --> 00:01:46,000
Speaker 2: possessor who can't buy their own gun from a dealer.

30
00:01:46,440 --> 00:01:50,640
Speaker 2: So if somebody has a felony conviction or there been

31
00:01:50,680 --> 00:01:54,080
Speaker 2: convicted of a crime of domestic violence or something along

32
00:01:54,120 --> 00:01:57,200
Speaker 2: those lines, But as long as you don't knowingly transfer

33
00:01:57,240 --> 00:02:00,240
Speaker 2: a gun to someone who's either under eighteen or is

34
00:02:00,280 --> 00:02:03,400
Speaker 2: a prohibited possessor themselves, then you can sell a gun

35
00:02:03,400 --> 00:02:06,680
Speaker 2: to another private individual and do that like you could

36
00:02:06,680 --> 00:02:09,960
Speaker 2: sell a couch or a toaster. All right, let's go

37
00:02:10,080 --> 00:02:13,480
Speaker 2: to Jeff. Jeff, welcome to the hammer in Nigel Show.

38
00:02:13,520 --> 00:02:14,720
Speaker 2: We got Guy Relford here.

39
00:02:16,240 --> 00:02:19,760
Speaker 4: Hey, wow, I made it through.

40
00:02:21,080 --> 00:02:24,600
Speaker 5: Yeah I got one for you. So how do you

41
00:02:24,680 --> 00:02:28,600
Speaker 5: fight an order of protection from out of state that

42
00:02:29,480 --> 00:02:32,959
Speaker 5: where the judge literally told me, for no explicit reason,

43
00:02:34,480 --> 00:02:38,200
Speaker 5: that I wasn't able to purchase or possess a firearm.

44
00:02:39,360 --> 00:02:41,480
Speaker 2: Well, I mean the time to fight that was when

45
00:02:41,680 --> 00:02:45,240
Speaker 2: they scheduled a hearing on the order of protection. You

46
00:02:45,280 --> 00:02:47,920
Speaker 2: show up and you fight it, and you convinced the

47
00:02:48,000 --> 00:02:51,200
Speaker 2: judge or you hire an attorney to help you do this,

48
00:02:51,440 --> 00:02:54,360
Speaker 2: that that order of protection should not be entered the

49
00:02:54,400 --> 00:02:56,680
Speaker 2: fact that the order has already been entered. Like here

50
00:02:56,680 --> 00:03:00,560
Speaker 2: in Indiana, a domestic violence order of protection typically expires

51
00:03:00,600 --> 00:03:04,200
Speaker 2: after two years. And I don't know what state this

52
00:03:04,320 --> 00:03:07,200
Speaker 2: came out of or what the context of your question

53
00:03:07,360 --> 00:03:11,480
Speaker 2: is geographically, but here in Indiana, if you get an

54
00:03:11,560 --> 00:03:14,600
Speaker 2: order of protection issued against you, either have to wait

55
00:03:14,680 --> 00:03:17,520
Speaker 2: for it to expire, or you can ask the court

56
00:03:17,560 --> 00:03:20,520
Speaker 2: to schedule another hearing. Let's just say you didn't get

57
00:03:20,600 --> 00:03:23,560
Speaker 2: notice of the first hearing or you couldn't make it

58
00:03:23,600 --> 00:03:26,680
Speaker 2: there for some reason. You may be able to convince

59
00:03:26,720 --> 00:03:29,200
Speaker 2: the court to grant another hearing where you can go

60
00:03:29,280 --> 00:03:32,760
Speaker 2: back and fight it. But for the most part, once

61
00:03:32,800 --> 00:03:36,280
Speaker 2: you get a domestic violence order of protection issued against you,

62
00:03:36,800 --> 00:03:39,240
Speaker 2: then for the term of that order, like I said,

63
00:03:39,280 --> 00:03:42,040
Speaker 2: here in Indiana, they are typically for two years, you

64
00:03:42,080 --> 00:03:45,200
Speaker 2: cannot possess firearm. And the only way to do that

65
00:03:45,320 --> 00:03:47,120
Speaker 2: is to figure out some way to perhaps get that

66
00:03:47,240 --> 00:03:50,680
Speaker 2: judge to rescind that order, depending on the law of

67
00:03:50,760 --> 00:03:51,440
Speaker 2: the jurisdiction.

68
00:03:51,520 --> 00:03:55,400
Speaker 1: You're talking about guy from the YouTube chat, which, by

69
00:03:55,400 --> 00:03:57,120
Speaker 1: the way, we need twenty eight more people to give

70
00:03:57,200 --> 00:03:58,320
Speaker 1: us a like, give us a thumb set.

71
00:03:58,440 --> 00:03:58,800
Speaker 2: Let's go.

72
00:03:58,920 --> 00:04:00,920
Speaker 1: Come on, We've got guy Ralph working for free here.

73
00:04:00,960 --> 00:04:03,200
Speaker 1: If that doesn't warrant a thumbs up with the YouTube chat,

74
00:04:03,240 --> 00:04:06,760
Speaker 1: I don't know what does. Daniel writes to the gun guy,

75
00:04:07,240 --> 00:04:10,680
Speaker 1: my daughter is in prison for drug dealing. When she

76
00:04:10,760 --> 00:04:12,720
Speaker 1: gets out, will she be able to stay at my

77
00:04:12,880 --> 00:04:15,120
Speaker 1: house because of the firearms that I have.

78
00:04:15,440 --> 00:04:19,839
Speaker 2: Yeah. No, for two reasons. One, in all likelihood, she'll

79
00:04:19,880 --> 00:04:23,880
Speaker 2: be on probation when she gets out, and a term

80
00:04:23,920 --> 00:04:27,520
Speaker 2: of probation here in Indiana is always going to say

81
00:04:27,560 --> 00:04:30,120
Speaker 2: that there cannot be any firearms in the house where

82
00:04:30,160 --> 00:04:35,120
Speaker 2: she lives. Secondly, if it's a felony conviction, which I

83
00:04:35,160 --> 00:04:39,040
Speaker 2: assume it is since she's actually doing prison time, then

84
00:04:39,240 --> 00:04:42,560
Speaker 2: she can't have either actual or constructive possession of a

85
00:04:42,600 --> 00:04:46,800
Speaker 2: gun while she has a felony conviction, and having access

86
00:04:46,839 --> 00:04:51,960
Speaker 2: to guns in the home would count as constructive possession,

87
00:04:52,040 --> 00:04:54,800
Speaker 2: where she could go back to jail for now being

88
00:04:55,040 --> 00:04:58,920
Speaker 2: a felon in possession of a firearm, and what constitutes

89
00:04:59,240 --> 00:05:02,839
Speaker 2: you know, acts and constructive possession gets a little more complicated,

90
00:05:03,080 --> 00:05:05,480
Speaker 2: and I won't go into that right now, but the

91
00:05:05,520 --> 00:05:09,440
Speaker 2: primary issue is virtually every probation order you're ever going

92
00:05:09,520 --> 00:05:11,920
Speaker 2: to see is going to say there can't be any

93
00:05:11,960 --> 00:05:16,039
Speaker 2: firearms where the person lives during probation. So that's going

94
00:05:16,120 --> 00:05:18,960
Speaker 2: to be a big problem. And so the short answer

95
00:05:19,080 --> 00:05:21,560
Speaker 2: is about ninety nine percent probably not.

96
00:05:22,200 --> 00:05:24,600
Speaker 1: Ryan is up next, Ryan, Welcome to The Hammer of

97
00:05:24,720 --> 00:05:26,479
Speaker 1: Nigel Show. Guy Relferds here.

98
00:05:27,160 --> 00:05:31,760
Speaker 6: Hey, thanks, Yes, I have a question about Indiana long guns.

99
00:05:31,800 --> 00:05:35,000
Speaker 6: I wanted to see if it is illegal in Indiana,

100
00:05:35,120 --> 00:05:38,479
Speaker 6: or specifically Hendricks County, if you know, to carry my

101
00:05:38,920 --> 00:05:41,960
Speaker 6: firearm into a bar while consuming alcohol.

102
00:05:42,279 --> 00:05:46,200
Speaker 2: Oh, one hundred percent. And there's so much misinformation on this.

103
00:05:46,320 --> 00:05:50,160
Speaker 2: In fact, I've seen people google this and get some

104
00:05:50,720 --> 00:05:54,279
Speaker 2: ridiculous AI response that says, oh, no, it's illegal. No,

105
00:05:54,440 --> 00:05:59,480
Speaker 2: Indiana has no law against consuming alcohol while in possession

106
00:05:59,520 --> 00:06:03,920
Speaker 2: of a firearm. M Indiana has no law against possession

107
00:06:03,960 --> 00:06:08,320
Speaker 2: of a firearm in a establishment that serves alcohol. Indiana

108
00:06:08,440 --> 00:06:11,479
Speaker 2: doesn't even have a law that prohibits possession of a

109
00:06:11,480 --> 00:06:15,919
Speaker 2: firearm while you're intoxicated. So if you're driving home, not you,

110
00:06:16,160 --> 00:06:21,000
Speaker 2: but someone hypothetically is driving home, you know, stone dead

111
00:06:21,200 --> 00:06:24,039
Speaker 2: drunk and gets pulled over and they've got a gun

112
00:06:24,040 --> 00:06:26,880
Speaker 2: in the car. They're going to jail for owy or

113
00:06:27,200 --> 00:06:30,240
Speaker 2: a lot of people call duy. But there's no separate

114
00:06:30,279 --> 00:06:33,880
Speaker 2: crime for you know, for having a gun while they

115
00:06:33,920 --> 00:06:37,560
Speaker 2: were drunk. So Indiana doesn't have those laws. So and

116
00:06:38,080 --> 00:06:41,599
Speaker 2: I frankly like that. I mean, I always carry a

117
00:06:41,600 --> 00:06:44,560
Speaker 2: gun everywhere I can legally carry a gun. I'm sitting

118
00:06:44,600 --> 00:06:46,520
Speaker 2: here carrying a gun right now. We're gonna have beer

119
00:06:46,520 --> 00:06:49,440
Speaker 2: sample Friday, and I'm going to consume a beer with

120
00:06:49,480 --> 00:06:51,680
Speaker 2: Hammer here in a minute. And I'm not breaking any

121
00:06:51,760 --> 00:06:54,599
Speaker 2: law in Indiana. So that's an important fact to know.

122
00:06:55,279 --> 00:06:58,120
Speaker 1: William is up next, William, Welcome to the Hammer in

123
00:06:58,200 --> 00:07:00,400
Speaker 1: Nigel's show. Guy Ralford is go.

124
00:07:00,360 --> 00:07:01,760
Speaker 3: Ahead, all right.

125
00:07:01,800 --> 00:07:04,440
Speaker 7: So I'm a felon, and I always wondered if I

126
00:07:04,520 --> 00:07:07,280
Speaker 7: was in a situation where I've seen somebody committing an

127
00:07:07,320 --> 00:07:09,960
Speaker 7: arm robbery and I was to disarm them and take

128
00:07:10,000 --> 00:07:12,360
Speaker 7: that firearm away from them, would I be charged with

129
00:07:12,400 --> 00:07:13,680
Speaker 7: that firearm as a felon?

130
00:07:14,840 --> 00:07:15,560
Speaker 6: Oh?

131
00:07:15,720 --> 00:07:19,560
Speaker 2: So hold on, so you're a felon and you you

132
00:07:19,600 --> 00:07:22,040
Speaker 2: stop a robbery and take the gun away from them,

133
00:07:22,200 --> 00:07:25,080
Speaker 2: and you then, you know, hold that gun on them.

134
00:07:25,520 --> 00:07:28,520
Speaker 7: Yes, So what I would I then be in trouble

135
00:07:28,560 --> 00:07:30,280
Speaker 7: for that's not a firearm as a felon.

136
00:07:30,440 --> 00:07:33,600
Speaker 2: Yeah. I'll give you a two part answer. One is technically,

137
00:07:33,880 --> 00:07:36,400
Speaker 2: if you're in possession of a firearm as a felon,

138
00:07:36,920 --> 00:07:40,240
Speaker 2: that's against federal law. If you're a serious violent fella,

139
00:07:40,400 --> 00:07:44,960
Speaker 2: that's also against Indiana law. So the short answer is

140
00:07:45,080 --> 00:07:47,600
Speaker 2: are you subject to being prosecuted for that because you're

141
00:07:47,600 --> 00:07:50,640
Speaker 2: in possession of a gun as a felon? Yes. Separate

142
00:07:50,720 --> 00:07:53,600
Speaker 2: question is are you likely to be prosecuted? I mean

143
00:07:53,640 --> 00:07:56,880
Speaker 2: a lot of prosecutors are you know, Look, county prosecutors

144
00:07:56,880 --> 00:08:01,360
Speaker 2: are elected officials. They're not looking to upset people, and

145
00:08:01,400 --> 00:08:05,600
Speaker 2: they don't necessarily want to turn heroes into criminals. And

146
00:08:05,680 --> 00:08:08,200
Speaker 2: so there's a separate question of whether you'd be prosecuted.

147
00:08:08,440 --> 00:08:10,000
Speaker 2: But would you technically.

148
00:08:09,720 --> 00:08:12,400
Speaker 1: One of its Ryan Mears and Marion County. Yeah, you're

149
00:08:12,400 --> 00:08:15,040
Speaker 1: probably going to jail and that sucks.

150
00:08:15,040 --> 00:08:18,600
Speaker 2: I think that sucks if if he's a serious violent

151
00:08:18,680 --> 00:08:21,960
Speaker 2: fellaon which then would break Indiana law, violating Indiana law.

152
00:08:22,040 --> 00:08:26,880
Speaker 2: So yeah, you cannot possess a firearm as a felon

153
00:08:27,320 --> 00:08:30,440
Speaker 2: under both state and federal law. Indiana again is restricted

154
00:08:30,480 --> 00:08:32,160
Speaker 2: to serious violent felons.

155
00:08:33,000 --> 00:08:35,600
Speaker 1: John is up next, John, Welcome to the show.

156
00:08:35,640 --> 00:08:40,400
Speaker 8: Guy, Relfritz here, Guy, I know a friend of mine

157
00:08:40,840 --> 00:08:45,280
Speaker 8: received a gifted AK forty seven that was a war

158
00:08:45,360 --> 00:08:47,800
Speaker 8: trophy and it's a fully automatic weapon.

159
00:08:47,920 --> 00:08:49,079
Speaker 2: Oh okay, it's.

160
00:08:48,920 --> 00:08:53,120
Speaker 8: Ben dmiled slightly, but he wants to know if it's

161
00:08:53,200 --> 00:08:55,240
Speaker 8: possible for him to sell that weapon.

162
00:08:56,640 --> 00:08:58,520
Speaker 2: But it's still full otto, is that right?

163
00:08:59,600 --> 00:09:02,280
Speaker 5: Yes, but it's been slightly de milled.

164
00:09:03,080 --> 00:09:07,040
Speaker 2: Yeah, demilitarized. You mean, I don't know what slightly means.

165
00:09:07,280 --> 00:09:10,520
Speaker 2: If it's still capable of filatto fire. In other words,

166
00:09:10,559 --> 00:09:12,679
Speaker 2: you pull the trigger and you get more than one bullet,

167
00:09:13,920 --> 00:09:16,880
Speaker 2: then it has to have been registered as an NFA.

168
00:09:17,000 --> 00:09:20,240
Speaker 2: Item is a fully automatic firearm. And if it's not,

169
00:09:21,000 --> 00:09:24,160
Speaker 2: that person audit think of it exactly like two kilos

170
00:09:24,160 --> 00:09:27,800
Speaker 2: of a cocaine right, In other words, if you found

171
00:09:27,800 --> 00:09:30,599
Speaker 2: two kilos of cocaine in Grandpa's basement.

172
00:09:30,600 --> 00:09:32,880
Speaker 1: Or let's say, the situation room at the White House.

173
00:09:32,720 --> 00:09:35,880
Speaker 2: I don't know, yeah, just yeah, but I mean you

174
00:09:35,920 --> 00:09:37,520
Speaker 2: know because I get this question all the time as

175
00:09:37,559 --> 00:09:40,000
Speaker 2: part of my practice, because somebody comes in my office

176
00:09:40,000 --> 00:09:41,400
Speaker 2: with a gym bag and they open it up and

177
00:09:41,440 --> 00:09:43,240
Speaker 2: there's a you know, a guy came in with this

178
00:09:43,320 --> 00:09:48,200
Speaker 2: beautiful storm giver forty four a assault weapon quote unquote

179
00:09:48,200 --> 00:09:50,760
Speaker 2: from World War two, fully automatic, and it was the

180
00:09:50,840 --> 00:09:54,319
Speaker 2: thing if transferable, was worth like forty fifty thousand dollars.

181
00:09:54,559 --> 00:09:57,640
Speaker 2: But it had never been registered, and he was heartbroken.

182
00:09:57,720 --> 00:10:01,439
Speaker 2: I said, it's not registered. It's it's contraband. It's illegal

183
00:10:01,440 --> 00:10:03,839
Speaker 2: to possess this thing. And he said, what, I can't

184
00:10:03,880 --> 00:10:07,160
Speaker 2: sell it? I go, well, you can, but not legally.

185
00:10:07,280 --> 00:10:09,040
Speaker 2: And that's where I said, think of it like two

186
00:10:09,120 --> 00:10:11,920
Speaker 2: kilos of cocaine. If you found two kilos of cocaine

187
00:10:11,960 --> 00:10:15,120
Speaker 2: in Grandpa's basement, could you sell it? Sure, But if

188
00:10:15,120 --> 00:10:19,040
Speaker 2: you sell it to a DEA agent, you're going to

189
00:10:19,120 --> 00:10:21,440
Speaker 2: do ten years in prison. And if you get caught

190
00:10:21,520 --> 00:10:25,240
Speaker 2: selling a fully automatic firearm that's unregistered, you're going to

191
00:10:25,320 --> 00:10:27,520
Speaker 2: go do some jail time. So people have to make

192
00:10:27,559 --> 00:10:28,360
Speaker 2: their own decisions.

193
00:10:28,559 --> 00:10:31,600
Speaker 1: We got one more here, Edward. Welcome to the show.

194
00:10:31,760 --> 00:10:32,959
Speaker 1: Guy Relferance here.

195
00:10:33,400 --> 00:10:35,760
Speaker 4: Thank you, guy. I wanted to ask you a question

196
00:10:35,800 --> 00:10:40,000
Speaker 4: about open carry and close carry. I'm a little confused

197
00:10:40,400 --> 00:10:44,280
Speaker 4: about do I need a license to carry again, concealed

198
00:10:44,480 --> 00:10:46,200
Speaker 4: or not concealed. No.

199
00:10:46,559 --> 00:10:49,679
Speaker 2: Under constitutional carry as we passed in twenty twenty two,

200
00:10:50,120 --> 00:10:53,400
Speaker 2: constitutional carry applies to both open and concealed carry. And

201
00:10:53,440 --> 00:10:56,120
Speaker 2: there's a lot of bad information out there on this too.

202
00:10:56,400 --> 00:10:59,280
Speaker 2: You go google this and all kinds of ridiculous crap

203
00:10:59,280 --> 00:11:02,680
Speaker 2: will come up. But the bottom line is a constitutional carry,

204
00:11:02,679 --> 00:11:04,800
Speaker 2: which means you can carry as long as you're not

205
00:11:04,840 --> 00:11:08,240
Speaker 2: prohibited by state or federal law from possessing a firearm.

206
00:11:08,520 --> 00:11:12,280
Speaker 2: You can carry a handgun either openly or concealed without

207
00:11:12,320 --> 00:11:15,360
Speaker 2: a license in Indiana as long as you're eighteen and

208
00:11:15,400 --> 00:11:15,600
Speaker 2: over