IC 35-47-14
    Chapter 14. Proceedings for the Seizure and Retention of aFirearm

IC 35-47-14-1
"Dangerous"
    Sec. 1. (a) For the purposes of this chapter, an individual is"dangerous" if:
        (1) the individual presents an imminent risk of personal injuryto the individual or to another individual; or
        (2) the individual may present a risk of personal injury to theindividual or to another individual in the future and theindividual:
            (A) has a mental illness (as defined in IC 12-7-2-130) thatmay be controlled by medication, and has not demonstrateda pattern of voluntarily and consistently taking theindividual's medication while not under supervision; or
            (B) is the subject of documented evidence that would giverise to a reasonable belief that the individual has apropensity for violent or emotionally unstable conduct.
    (b) The fact that an individual has been released from a mentalhealth facility or has a mental illness that is currently controlled bymedication does not establish that the individual is dangerous for thepurposes of this chapter.
As added by P.L.1-2006, SEC.537.

IC 35-47-14-2
Warrant to search for firearm in possession of dangerousindividual
    Sec. 2. A circuit or superior court may issue a warrant to searchfor and seize a firearm in the possession of an individual who isdangerous if:
        (1) a law enforcement officer provides the court a swornaffidavit that:
            (A) states why the law enforcement officer believes that theindividual is dangerous and in possession of a firearm; and
            (B) describes the law enforcement officer's interactions andconversations with:
                (i) the individual who is alleged to be dangerous; or
                (ii) another individual, if the law enforcement officerbelieves that information obtained from this individual iscredible and reliable;
            that have led the law enforcement officer to believe that theindividual is dangerous and in possession of a firearm;
        (2) the affidavit specifically describes the location of thefirearm; and
        (3) the circuit or superior court determines that probable causeexists to believe that the individual is:
            (A) dangerous; and
            (B) in possession of a firearm.As added by P.L.1-2006, SEC.537.

IC 35-47-14-3
Warrantless seizure of firearm from individual believed to bedangerous
    Sec. 3. (a) If a law enforcement officer seizes a firearm from anindividual whom the law enforcement officer believes to bedangerous without obtaining a warrant, the law enforcement officershall submit to the circuit or superior court having jurisdiction overthe individual believed to be dangerous a written statement underoath or affirmation describing the basis for the law enforcementofficer's belief that the individual is dangerous.
    (b) The court shall review the written statement submitted undersubsection (a). If the court finds that probable cause exists to believethat the individual is dangerous, the court shall order the lawenforcement agency having custody of the firearm to retain thefirearm. If the court finds that there is no probable cause to believethat the individual is dangerous, the court shall order the lawenforcement agency having custody of the firearm to return thefirearm to the individual.
    (c) This section does not authorize a law enforcement officer toperform a warrantless search or seizure if a warrant would otherwisebe required.
As added by P.L.1-2006, SEC.537.

IC 35-47-14-4
Filing of return after warrant is served
    Sec. 4. If a court issued a warrant to seize a firearm under thischapter, the law enforcement officer who served the warrant shall,not later than forty-eight (48) hours after the warrant was served, filea return with the court that:
        (1) states that the warrant was served; and
        (2) sets forth:
            (A) the time and date on which the warrant was served;
            (B) the name and address of the individual named in thewarrant; and
            (C) the quantity and identity of any firearms seized by thelaw enforcement officer.
As added by P.L.1-2006, SEC.537.

IC 35-47-14-5
Requirement of hearing on whether firearm should be returned orretained
    Sec. 5. (a) Not later than fourteen (14) days after a return is filedunder section 4 of this chapter or a written statement is submittedunder section 3 of this chapter, the court shall conduct a hearing todetermine whether the seized firearm should be:
        (1) returned to the individual from whom the firearm wasseized; or
        (2) retained by the law enforcement agency having custody of

the firearm.
    (b) The court shall set the hearing date as soon as possible afterthe return is filed under section 4 of this chapter. The court shallinform:
        (1) the prosecuting attorney; and
        (2) the individual from whom the firearm was seized;
of the date, time, and location of the hearing. The court may conductthe hearing at a facility or other suitable place not likely to have aharmful effect upon the individual's health or well-being.
As added by P.L.1-2006, SEC.537.

IC 35-47-14-6
Burden of proof at hearing; court orders
    Sec. 6. (a) In a hearing conducted under section 5 of this chapter,the state has the burden of proving all material facts by clear andconvincing evidence.
    (b) If the court, in a hearing under section 5 of this chapter,determines that the state has proved by clear and convincingevidence that the individual is dangerous, the court may order thatthe law enforcement agency having custody of the seized firearmretain the firearm. In addition, if the individual has received a licenseto carry a handgun, the court shall suspend the individual's license tocarry a handgun. If the court determines that the state has failed toprove that the individual is dangerous, the court shall order the lawenforcement agency having custody of the firearm to return thefirearm to the individual from whom it was seized.
    (c) If the court, in a hearing under section 5 of this chapter, ordersa law enforcement agency to retain a firearm, the law enforcementagency shall retain the firearm until the court orders the firearmreturned or otherwise disposed of.
As added by P.L.1-2006, SEC.537.

IC 35-47-14-7
If firearm seized is owned by another individual
    Sec. 7. If the court, in a hearing conducted under section 5 of thischapter, determines that:
        (1) the individual from whom a firearm was seized isdangerous; and
        (2) the firearm seized from the individual is owned by anotherindividual;
the court may order the law enforcement agency having custody ofthe firearm to return the firearm to the owner of the firearm.
As added by P.L.1-2006, SEC.537.

IC 35-47-14-8
Petition for return of a firearm
    Sec. 8. (a) At least one hundred eighty (180) days after the date onwhich a court orders a law enforcement agency to retain anindividual's firearm under section 6(b) of this chapter, the individualmay petition the court for return of the firearm.    (b) Upon receipt of a petition described in subsection (a), thecourt shall:
        (1) enter an order setting a date for a hearing on the petition;and
        (2) inform the prosecuting attorney of the date, time, andlocation of the hearing.
    (c) The prosecuting attorney shall represent the state at thehearing on a petition under this section.
    (d) In a hearing on a petition under this section, the individual:
        (1) may be represented by an attorney; and
        (2) must prove by a preponderance of the evidence that theindividual is not dangerous.
    (e) If, upon the completion of the hearing and consideration of therecord, the court finds that the individual is not dangerous, the courtshall order the law enforcement agency having custody of the firearmto return the firearm to the individual.
    (f) If the court denies an individual's petition under this section,the individual may not file a subsequent petition until at least onehundred eighty (180) days after the date on which the court deniedthe petition.
As added by P.L.1-2006, SEC.537.

IC 35-47-14-9
When law enforcement agency may be ordered to destroy firearm
    Sec. 9. If at least five (5) years have passed since a courtconducted the first hearing to retain a firearm under this chapter, thecourt, after giving notice to the parties and conducting a hearing, mayorder the law enforcement agency having custody of the firearm todestroy or otherwise permanently dispose of the firearm.
As added by P.L.1-2006, SEC.537.