IC 33-23-15
    Chapter 15. NICS Appeals

IC 33-23-15-1
Application of chapter
    Sec. 1. This chapter applies to the following:
        (1) A person civilly committed under IC 12-26-6-8.
        (2) A person found to be mentally ill and either dangerous orgravely disabled under IC 12-26-7-5.
        (3) A person found guilty but mentally ill under IC 35-36-2-5.
        (4) A person found not responsible by reason of insanity underIC 35-36-2-4.
        (5) A person found incompetent to stand trial underIC 35-36-3-1.
        (6) A confined offender who is determined to be mentally illand has been involuntarily transferred to and accepted by thedivision of mental health and addiction under IC 11-10-4-3.
As added by P.L.110-2009, SEC.11.

IC 33-23-15-2
Petition for review; evidence; findings by court or department ofcorrection
    Sec. 2. (a) If a person described in section 1 of this chapter:
        (1) has been released from commitment; or
        (2) successfully completes a treatment or rehabilitationprogram;
the person may petition the court (if the adjudication leading to theperson's commitment, rehabilitation, or treatment program was froma court) or the department of correction (if the determination leadingto the person's rehabilitation or treatment program was from apsychiatrist employed by or retained by the department of correction)to determine whether the person is prohibited from possessing ahandgun because the person is not a proper person underIC 35-47-1-7(5) or IC 35-47-1-7(6).
    (b) In determining whether the person is prohibited frompossessing a handgun because the person is not a proper personunder IC 35-47-1-7(5) or IC 35-47-1-7(6), the court or department ofcorrection shall consider the following evidence:
        (1) The facts and circumstances leading to the person beingincluded in the category of persons to whom this chapterapplies.
        (2) The person's mental health and criminal history records.
        (3) Evidence concerning the person's reputation, including thetestimony of character witnesses.
        (4) A recent mental health evaluation by a psychiatrist orpsychologist licensed to practice in Indiana.
    (c) If the court or the department of correction, after consideringthe evidence described in subsection (b), finds by clear andconvincing evidence that:
        (1) the person is not a danger to the person or to others;        (2) the person is not likely to act in a manner dangerous topublic safety; and
        (3) the requested relief would not be contrary to public interest;
the court or department of correction shall transmit its findings to thedepartment of state court administration, and any other informationrequired by the division of state court administration, fortransmission to the NICS in accordance with IC 33-24-6-3.
    (d) A determination under this section may be appealed only inaccordance with section 3 of this chapter.
As added by P.L.110-2009, SEC.11.

IC 33-23-15-3
Judicial review of decision
    Sec. 3. (a) A person who receives an adverse decision undersection 2 of this chapter may seek review of the decision by filing,not later than thirty (30) days after receiving the adverse decision, anaction for review:
        (1) in the court of conviction, if the adverse decision was madeby the department of correction; or
        (2) in a circuit or superior court in a county adjacent to thecounty in which the court rendered the adverse decision, if theadverse decision was made by a court.
    (b) The court hearing an action for review filed under this sectionshall conduct the review hearing de novo. The hearing shall beconducted in accordance with section 2 of this chapter.
    (c) The determination of a court under this section is a finalappealable order.
As added by P.L.110-2009, SEC.11. Amended by P.L.1-2010,SEC.131.