§ 35-47-14-5 — Requirement of hearing on whether firearm should be returned or retained

Indiana § 35-47-14-5

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

Text

(a) After the filing of a search warrant return
under section 2 of this chapter or the filing of an affidavit under section
3 of this chapter, the court shall conduct a hearing.
(b) The court shall make a good faith effort to conduct the hearing
not later than fourteen (14) days after the filing of a search warrant
return under section 2 of this chapter or the filing of an affidavit under
section 3 of this chapter. If the hearing cannot be conducted within
fourteen (14) days after the filing of the search warrant return or
affidavit, the court shall conduct the hearing as soon as possible.
However, a request for a continuance of the hearing described in this
subsection for a period of not more than sixty (60) days from the
individual from whom the firearm was seized shall be liberally granted.
The court shall inform:
(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 conduct
the hearing at a facility or other suitable place not likely to have a
harmful effect upon the individual's health or well-being.

Legislative History

As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.10.