CHAPTER 3. DISPOSAL OF CONFISCATED WEAPONS
IC 35-47-3
Chapter 3. Disposal of Confiscated Weapons
IC 35-47-3-1
Disposal of confiscated weapons in accordance with chapter
Sec. 1. All firearms confiscated pursuant to statute shall, uponconviction of the person for the offense for which the confiscationwas made, be disposed of in accordance with this chapter.
As added by P.L.311-1983, SEC.32.
IC 35-47-3-2
Application of section to firearms not required to be registered inNational Firearms Registration and Transfer Record; return offirearms to rightful owners; disposal procedure
Sec. 2. (a) This section applies only to firearms which are notrequired to be registered in the National Firearms Registration andTransfer Record.
(b) Firearms shall be returned to the rightful owner at oncefollowing final disposition of the cause if a return has not alreadyoccurred under the terms of IC 35-33-5. If the rightful ownership isnot known the law enforcement agency holding the firearm shallmake a reasonable attempt to ascertain the rightful ownership andcause the return of the firearm. However, nothing in this chaptershall be construed as requiring the return of firearms to rightfulowners who have been convicted for the misuse of firearms. In suchcases, the court may provide for the return of the firearm in questionor order that the firearm be at once delivered:
(1) except as provided in subdivision (2), to the sheriff'sdepartment of the county in which the offense occurred; or
(2) to the city or town police force that confiscated the firearm,if:
(A) a member of the city or town police force confiscatedthe firearm; and
(B) the city or town has a population of more than twothousand five hundred (2,500) and less than two hundredfifty thousand (250,000).
(c) The receiving law enforcement agency shall dispose offirearms under subsection (b), at the discretion of the lawenforcement agency, not more than one hundred twenty (120) daysfollowing receipt by use of any of the following procedures:
(1) Public sale of the firearms to the general public as follows:
(A) Notice of the sale shall be:
(i) posted for ten (10) days in the county courthouse in aplace readily accessible to the general public; and
(ii) advertised in the principal newspaper of the county fortwo (2) days in an advertisement that appears in thenewspaper at least five (5) days prior to the sale.
(B) Disposition of the firearm shall be by public auction ina place convenient to the general public, with dispositiongoing to the highest bidder. However, no firearm shall be
transferred to any bidder if that bidder is not lawfullyeligible to receive and possess firearms according to the lawsof the United States and Indiana.
(C) All handguns transferred under this subdivision shallalso be transferred according to the transfer procedures setforth in this article.
(D) Money collected pursuant to the sales shall first be usedto defray the necessary costs of administering thissubdivision with any surplus to be:
(i) deposited into the receiving law enforcement agency'sfirearms training fund, if the law enforcement agency is acounty law enforcement agency, or into a continuingeducation fund established under IC 5-2-8-2, if the lawenforcement agency is a city or town law enforcementagency; and
(ii) used by the agency exclusively for the purpose oftraining law enforcement officers in the proper use offirearms or other law enforcement duties, if the lawenforcement agency is a county law enforcement agency,or for law enforcement purposes, if the law enforcementagency is a city or town law enforcement agency.
(2) Sale of the firearms to a licensed firearms dealer as follows:
(A) Notice of the sale must be:
(i) posted for ten (10) days in the county courthouse in aplace readily accessible to the general public; and
(ii) advertised in the principal newspaper of the county fortwo (2) days in an advertisement that appears in thenewspaper at least five (5) days before the sale.
(B) Disposition of the firearm shall be by auction withdisposition going to the highest bidder who is a licensedfirearms dealer.
(C) Money collected from the sales shall first be used todefray the necessary costs of administering this subdivisionand any surplus shall be:
(i) deposited into the receiving law enforcement agency'sfirearms training fund or other appropriate trainingactivities fund; and
(ii) used by the agency exclusively for the purpose oftraining law enforcement officers in the proper use offirearms or other law enforcement duties.
(3) Sale or transfer of the firearms to another law enforcementagency.
(4) Release to the state police department laboratory or otherforensic laboratory administered by the state or a politicalsubdivision (as defined in IC 36-1-2-13) for the purposes ofresearch, training, and comparison in conjunction with theforensic examination of firearms evidence.
(5) Destruction of the firearms.
(d) Notwithstanding the requirement of this section mandatingdisposal of firearms not more than one hundred twenty (120) days
following receipt, the receiving law enforcement agency may at itsdiscretion hold firearms it may receive until a sufficient number hasaccumulated to defray the costs of administering this section if adelay does not exceed one hundred eighty (180) days from the dateof receipt of the first firearm in the sale lot. In any event, allconfiscated firearms shall be disposed of as promptly as possible.
(e) When a firearm is delivered to the state police departmentlaboratory or other forensic laboratory under subsection (c)(4) andthe state police department laboratory or other forensic laboratorydetermines the laboratory has no further need for the firearm inquestion, the laboratory shall return the firearm to the lawenforcement agency for disposal under subsection (c).
As added by P.L.311-1983, SEC.32. Amended by P.L.209-1986,SEC.2; P.L.57-1992, SEC.7; P.L.48-1993, SEC.7.
IC 35-47-3-3
Application of section to firearms required to be registered inNational Firearms Registration and Transfer Record; return offirearms to rightful owners; unreturnable firearms; registry offirearms; disposal
Sec. 3. (a) This section applies to firearms that are required to beregistered in the National Firearms Registration and Transfer Record.
(b) Firearms shall be returned to the rightful owner at oncefollowing final disposition of the cause, if such return has not alreadyoccurred under the terms of IC 35-33-5, and if such owner remainslawfully entitled to possess such firearms according to applicableUnited States and Indiana statutes. If rightful ownership is notknown, the law enforcement agency holding the firearm shall makea reasonable and diligent effort to ascertain the rightful ownershipand cause the return of the firearm being held, providing the ownerremains lawfully entitled to possess such firearms.
(c) Firearms that are not returnable under this section shall be atonce delivered to:
(1) the sheriff's department of the county in which the offenseoccurred, unless subdivision (2) applies; or
(2) the city or town police force that confiscated the firearm if:
(A) a member of the city or town police force confiscatedthe firearm; and
(B) the city or town has a population of more than twothousand five hundred (2,500) and less than two hundredfifty thousand (250,000);
following final disposition of the cause.
(d) When firearms are sent to a law enforcement agency undersubsection (c), the law enforcement agency may upon request releasethe firearms to the state police department laboratory or otherforensic laboratory administered by the state or a politicalsubdivision (as defined in IC 36-1-2-13) for the purposes of research,training, and comparison in conjunction with the forensicexamination of firearms evidence.
(e) The receiving law enforcement agency or laboratory shall
cause the registry of such firearms in the United States NationalFirearms Registration and Transfer Record within thirty (30) daysfollowing receipt from the court.
(f) The court may order such firearms as are not returnabledestroyed, specifying the exact manner of destruction and requiringthe receiving law enforcement agency or laboratory to make duereturn to the ordering court the time, date, method of destruction, anddisposition of the remains of the destroyed firearm.
(g) No portion of this section shall be construed as requiring thereceiving law enforcement agency or laboratory to retain firearmswhich are inoperable or unserviceable, or which the receiving lawenforcement agency or laboratory may choose to transfer as publicproperty in the ordinary course of lawful commerce and exchange.
As added by P.L.311-1983, SEC.32. Amended by P.L.209-1986,SEC.3; P.L.57-1992, SEC.8.
IC 35-47-3-4
Unlawful delivery of confiscated firearm
Sec. 4. A person who knowingly or intentionally:
(1) delivers a confiscated firearm to a person convicted of afelony:
(A) involving use of a firearm; and
(B) which is the basis of the confiscation;
(2) delivers a confiscated firearm to another with knowledgethat there is a rightful owner to whom the firearm must bereturned; or
(3) fails to deliver a confiscated firearm to the sheriff'sdepartment, a city or town police force, the state policedepartment laboratory or a forensic laboratory under thischapter, the state under IC 14-22-39-6, or for disposition aftera determination that the rightful owner of the firearm cannot beascertained or is no longer entitled to possess the confiscatedfirearm;
commits a Class D felony.
As added by P.L.311-1983, SEC.32. Amended by P.L.209-1986,SEC.4; P.L.57-1992, SEC.9; P.L.1-1995, SEC.77.