Indiana § 33-23-15-2 Petition for review; evidence; findings by court or department of
correction

Indiana Statutes

§ 33-23-15-2 — Petition for review; evidence; findings by court or department of correction

Indiana·Art. 23 GENERAL PROVISIONS·Ch. 15 NICS Appeals

(a)If a person described in section 1 of this chapter:

(1)has been released from commitment; or

(2)successfully completes a treatment or rehabilitation program; the person may petition the court (if the adjudication leading to the person's commitment, rehabilitation, or treatment program was from a court) or the department of correction (if the determination leading to the person's rehabilitation or treatment program was from a psychiatrist employed by or retained by the department of correction) to determine whether the person is prohibited from possessing a firearm because the person is not a proper person under IC 35-47-1-7(11) through IC 35-47-1-7(13).

(b)In determining whether the person is prohibited from possessing a firearm because the person is not a proper person under IC 35-

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(a) If a person described in section 1 of this
chapter:
(1) has been released from commitment; or
(2) successfully completes a treatment or rehabilitation program;
the person may petition the court (if the adjudication leading to the
person's commitment, rehabilitation, or treatment program was from a
court) or the department of correction (if the determination leading to
the person's rehabilitation or treatment program was from a psychiatrist
employed by or retained by the department of correction) to determine
whether the person is prohibited from possessing a firearm because the
person is not a proper person under IC 35-47-1-7(11) through IC 35-47-1-7(13).
(b) In determining whether the person is prohibited from possessing
a firearm because the person is not a proper person under IC 35-47-1-7(11) through IC 35-47-1-7(13), the court or department of
correction shall consider the following evidence:
(1) The facts and circumstances leading to the person being
included in the category of persons to whom this chapter applies.
(2) The person's mental health and criminal history records.
(3) Evidence concerning the person's reputation, including the
testimony of character witnesses.
(4) A recent mental health evaluation by a psychiatrist or
psychologist licensed to practice in Indiana.
(c) If the court or the department of correction, after considering the
evidence described in subsection (b), finds by clear and convincing
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 to public
safety; and
(3) the requested relief would not be contrary to public interest;
the court or department of correction shall transmit its findings to the
office of judicial administration, and any other information required by
the office of judicial administration, for transmission to the NICS in
accordance with IC 33-24-6-3.
(d) A determination under this section may be appealed only in
accordance with section 3 of this chapter.

Indiana § 33-23-15-2 (Petition for review; evidence; findings by court or department of correction) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.