§ 35-47-14-3 — Warrantless seizure of firearm from individual believed to be dangerous; reporting

Indiana § 35-47-14-3

• Jurisdiction: Indiana
• Art. 47: WEAPONS AND INSTRUMENTS OF VIOLENCE
• Ch. 14: Proceedings for the Seizure and Retention of a Firearm

Text

(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 law enforcement officer's belief that the individual is
dangerous.
(b) An affidavit described in subsection (a) shall:
(1) set forth the quantity and type of each firearm seized from the
individual under this section; and
(2) be submitted to a circuit or superior court having jurisdiction
over the individual believed to be dangerous not later than
forty-eight (48) hours after the seizure of the firearm.
(c) The court shall review the affidavit described in subsection (a)
as soon as possible.
(d) If the court finds that probable cause exists to believe that the
individual is dangerous, the court shall order the law enforcement
agency having custody of the firearm to retain the firearm. Beginning
July 1, 2021, the court shall provide information described under this
subsection and subsection (b)(1) to the office of judicial administration
in a manner required by the office.
(e) If the court finds that there is no probable cause to believe that
the individual is dangerous, the court shall order the law enforcement
agency having custody of the firearm to return the firearm to the
individual as quickly as practicable, but not later than five (5) days
after the date of the order.

Legislative History

As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.9; P.L.142-2020, SEC.77.