The gunman in the FedEx shooting didn't have a 'red flag' hearing. A prosecutor said the mass killing exposes loopholes in the gun control law.

The gunman in the FedEx shooting didn't have a 'red flag' hearing. A prosecutor said the mass killing exposes loopholes in the gun control law.
Authorities confer at the scene where multiple people were shot at the FedEx Ground facility early Friday morning, April 16, 2021, in Indianapolis. A gunman killed eight people and wounded several others before apparently taking his own life in a late-night attack at a FedEx facility near the Indianapolis airport, police said, in the latest in a spate of mass shootings in the United States after a relative lull during the pandemic.AP Photo/Michael Conroy
  • Marion County Prosecutor Ryan Mears said on Monday that Brandon Hole never had a "Red Flag" hearing.
  • Law enforcement officials had seized a gun from Hole's home in March 2020.
  • The case was never filed as a Red Flag peition because his family willingly gave over the gun.

The suspected gunman in the FedEx mass shooting did not have a 'Red Flag' hearing, despite having a shotgun previously seized over mental health concerns, Marion County Prosecutor Ryan Mears said at a press conference on Monday.

Brandon Hole opened fire at a FedEx facility in Indianapolis on April 15, killing 8 people before apparently taking his own life, authorities said. But a little more than a year before the mass shooting, police seized a rifle from Hole's home.
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Indiana's Red Flag law gives authorities two weeks after seizing a firearm to file a petition and argue in court that a person should not have a gun.

In Hole's case, police detained Hole and seized a shotgun from Hole's home in March 2020 after his mother called authorities saying her son was feeling suicidal, Mears said.

When a seizure of a gun takes place without a warrant, a provision requires police to file a petition that explains the probable cause behind taking the firearm.
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But in Hole's case, the petition was not filed because the family agreed to forfeit the firearm in question and did not pursue a return of the firearm.

Thus, there was no court hearing in which a judge could have further banned Hole from possessing a gun. Mears said in Monday's press conference that the incident shows shortcomings in Indiana's Red Flag law.
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"Because we have 14 days, our ability to have access to meaningful medical history, meaningful mental health records, is severely limited," Mears said. "I think it's important to note that the statute only authorizes us to issue search warrants to seize a weapon. We do not have the ability to use a search warrant or get a court order to get someone's mental health records or medical history, which would be particularly relevant in trying to make these types of determinations."

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