Indianapolis News and HeadlinesIndianapolis Local NewsIndianapolis Crime NewsRemembering FedEx


WRTV Fact Check Friday: Why is it difficult to build a red flag law case?

Gun guns gun store
Posted at 5:00 AM, Apr 23, 2021
and last updated 2021-04-23 09:53:09-04

INDIANAPOLIS — The Marion County Prosecutor decided not to pursue the red flag law when authorities took a shotgun away from the FedEx shooter.

The prosecutor said he didn't have proof as the law requires that Brandon Hole had a pattern of violence or mental instability or a failure to take prescribed medication.

What makes it difficult for a prosecutor to build a case in 14 days against someone who has a weapon seized due to a mental illness?

Brandon Hole legally bought a shotgun on March 2, 2020. A day later, on March 3, Indianapolis Metropolitan Police Department officers came to his home after his mother said he talked about dying by suicide by cop.

The weapon was removed and on March 10, Hole told IMPD to keep the shotgun.

In July and September 2020, he went ahead and legally bought two riffles.

On March 11, IMPD said they sent the case to the Marion County Prosecutor's Office.

Under the red flag law, the office had 14 days to file a case in a court asking a judge to ban Hole from his shotgun and stop him from buying other weapons.

Prosecutors had limited information on Hole's mental health. He legally owned the gun and wasn't committed to a psychiatric facility or prescribed medication after undergoing an evaluation.

Prosecutors could subpoena medical records, but the challenge is, under the law, people have 30 days to respond to a subpoena, which makes it difficult to build a case in 14 days.

We'd like to hear what's on your mind.

Is there something you have been wondering about?

Is there a story we've covered that you'd like to see the resolution to?

Are you looking for more information behind a decision that's been made in your community?

Send your questions to

More Stories on the FedEx Mass Shooting: The Facts: What we know about the deadly mass shooting at an Indy FedEx facility | Timeline: Deadly mass shooting at FedEx facility in Indy | These are their faces: The victims of the FedEx mass shooting | Brandon Hole: What we know about the Indy FedEx mass shooter | Funeral plans for Indianapolis FedEx shooting victims | Marion Co. Prosecutor describes Red Flag status of FedEx mass shooter | Police union president blasts Marion County prosecutor for not using red flag law against FedEx assailant | IMPD observed white supremacist websites on FedEx shooting suspect's computer in 2020 | Calls for stricter gun legislation in Indiana following FedEx mass shooting | How Indiana's Jake Laird Law works | Mental health experts urge Hoosiers who are hurting after the FedEx shooting to seek help | Reminder: What you should do in an active shooter situation