Sec. 1. (a) For the purposes of this chapter, an individual is “dangerous” if: (1) the individual presents an imminent risk of personal injury to the individual or to another individual; or (2) It is probable that the individual will present a risk of personal injury to the individual or to another individual in the […]
Sec. 1.5. For the purposes of this chapter, an individual is a “responsible third party” if: (1) the individual does not cohabitate with the person found to be dangerous in the hearing conducted under section 6 of this chapter; (2) the individual is a proper person (as defined under IC 35-47-1-7) who may lawfully possess […]
Sec. 10. (a) If a court has ordered a law enforcement agency to retain an individual’s firearm under section 6 of this chapter, the individual or the rightful owner of the firearm, as applicable, may petition the court to order the law enforcement agency to: (1) transfer the firearm to a responsible third party as […]
Sec. 11. The sale, disposal, or transfer of a firearm retained under this chapter does not: (1) alter or terminate an individual’s designation as a dangerous person by a court; or (2) constitute prima facie evidence that an individual is no longer dangerous. As added by P.L.289-2019, SEC.14.
Sec. 12. (a) A law enforcement agency storing a firearm seized under this chapter shall use reasonable care to ensure that the firearm is not lost or damaged, and the law enforcement agency is prohibited from marking the firearm for identification or other purposes. (b) A law enforcement agency shall be liable for any damage […]
Sec. 13. Nothing in this chapter may be construed to authorize a warrantless search or seizure by a law enforcement officer if a warrant would otherwise be required. As added by P.L.289-2019, SEC.16.
Sec. 2. (a) A circuit or superior court may issue a warrant to search for and seize a firearm in the possession of an individual who is dangerous if: (1) a law enforcement officer provides the court a sworn affidavit that: (A) states why the law enforcement officer believes that the individual is dangerous and […]
Sec. 3. (a) If a law enforcement officer seizes a firearm from an individual whom the law enforcement officer believes to be dangerous without obtaining a warrant, the law enforcement officer shall submit to the circuit or superior court having jurisdiction over the individual believed to be dangerous an affidavit describing the basis for the […]
Sec. 4. If a court issued a warrant to seize a firearm under this chapter, the law enforcement officer who served the warrant shall, not later than forty-eight (48) hours after the warrant was served, file a return with the court that: (1) states that the warrant was served; and (2) sets forth: (A) the […]
Sec. 5. (a) After the filing of a search warrant return under section 2 of this chapter or the filing of an affidavit under section 3 of this chapter, the court shall conduct a hearing. (b) The court shall make a good faith effort to conduct the hearing not later than fourteen (14) days after […]
Sec. 6. (a) The court shall conduct a hearing as required under this chapter. (b) The state has the burden of proving all material facts by clear and convincing evidence. (c) If the court determines that the state has proved by clear and convincing evidence that the individual is dangerous, the court shall issue a […]
Sec. 7. If the court, in a hearing conducted under section 5 of this chapter, determines that: (1) the individual from whom a firearm was seized is dangerous; and (2) the firearm seized from the individual is owned by another individual; the court may order the law enforcement agency having custody of the firearm to […]
Sec. 8. (a) At least one hundred eighty (180) days after the date on which a court orders a law enforcement agency to retain an individual’s firearm under section 6(c) of this chapter, the individual may petition the court for a finding that the individual is no longer dangerous. (b) Upon receipt of a petition […]
Sec. 9. If at least five (5) years have passed since a court conducted the first hearing to retain a firearm under this chapter, the court, after giving notice to the parties and conducting a hearing, may order the law enforcement agency having custody of the firearm to dispose of the firearm in accordance with […]
