Oscar Martinez Jr., the indicted Lake County Sheriff, will soon have the opportunity to provide legal arguments challenging the constitutionality of a section of a new Indiana law that prohibits those who have been charged from carrying a weapon in public.
A case management order was granted last week in the sheriff’s dispute over House Enrolled 1296 by Lake Superior Judge John Sedia (2022). May 18 at 11 a.m. will see a hearing on dispositive motions in the Hammond county courthouse.
Martinez is not allowed to follow Indiana’s permitless-carry law, which took effect on July 1, 2022, and made it unnecessary for Hoosiers 18 and older to obtain a state permit to carry a handgun in public. Martinez was indicted in January 2022 on a felony charge of resisting law enforcement and a misdemeanor reckless driving charge.
Martinez is charged with failing to stop while operating an unmarked, county-owned Jeep TrackHawk at 96 mph in a 45 mph zone while being pursued by two Crown Point police officers, who had their lights and sirens on, in September 2021 on Main Street in Crown Point and Taft Street and U.S. 30 in Merrillville.
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The allegations against the Democratic sheriff carry a maximum sentence of 21 and a half years in prison, and the sheriff has entered a not-guilty plea. Martinez would also immediately forfeit his elected position as sheriff if being found guilty of a crime.
Martinez’s indictment was upheld by the Indiana Court of Appeals on Jan. 26 in a unanimous decision. Martinez must still decide whether to request that the Indiana Supreme Court take a look at his case before his trial can resume.
According to Indiana law, those who are under indictment, felons, fugitives, some noncitizens, convicted of domestic violence, domestic battery, or criminal stalking, subject to restraining orders, officially deemed dangerous or mentally ill, or dishonorably discharged from the military are all prohibited from carrying a handgun in public.
Previously, the state’s handgun permit requirement did not apply to county sheriffs or other law enforcement officers. However, the Republican-controlled General Assembly removed that exception from the Indiana Code in March 2022 since adults in the state are no longer required to have a permit to carry a pistol in public.
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Martinez claims in his case that the statute violates his right to keep and bear arms, which is protected by both the Indiana and U.S. Constitutions because he has not been found guilty of a crime and is still an upstanding citizen who is entitled to the presumption of innocence.
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