§ 35-47-14-6 — Burden of proof at hearing; court orders; expungement

(a) The court shall conduct a hearing as
required under this chapter.
(b) The state has the burden of proving all material facts by clear
and convincing evidence.
(c) If the court determines that the state has proved by clear and
convincing evidence that the individual is dangerous, the court shall
issue a written order:
(1) finding the individual is dangerous (as defined in section 1 of
this chapter);
(2) ordering the law enforcement agency having custody of the
seized firearm to retain the firearm;
(3) ordering the individual's license to carry a handgun, if
applicable, suspended; and
(4) enjoining the individual from:
(A) renting;
(B) receiving transfer of;
(C) owning; or
(D) possessing;
a firearm; and
determine whether the individual should be referred to further
proceedings to consider whether the individual should be involuntarily
detained or committed under IC 12-26-6-2(a)(2)(B).
(d) If the court finds that the individual is dangerous under
subsection (c), the clerk shall transmit the order of the court to the
office of judicial administration:
(1) for transmission to NICS (as defined in IC 35-47-2.5-2.5); and
(2) beginning July 1, 2021, for the collection of certain data
related to the confiscation and retention of firearms taken from
dangerous individuals;
in accordance with IC 33-24-6-3.
(e) If the court orders a law enforcement agency to retain a firearm,
the law enforcement agency shall retain the firearm until the court
orders the firearm returned or otherwise disposed of.
(f) If the court determines that the state has failed to prove by clear
and convincing evidence that the individual is dangerous, the court
shall issue a written order that:
(1) the individual is not dangerous (as defined in section 1 of this
chapter);
(2) the law enforcement agency having custody of the firearm
shall return the firearm as quickly as practicable, but not later
than five (5) days after the date of the order, to the individual
from whom it was seized; and
(3) the following records shall be sealed and expunged:
(A) The court's file.
(B) The records of any law enforcement agency or other person
involved in the:
(i) investigation of the individual under this chapter;
(ii) filing of a search warrant return under section 2 of this
chapter; or
(iii) filing of an affidavit under section 3 of this chapter.
(C) The records contained in any central repository for criminal
history or civil litigation information, including the repository
maintained by the state police department. This clause does not
require the state police department to seal any record the state
police department does not have legal authority to seal.
A record sealed under this subdivision may be disclosed to a law
enforcement officer acting within the scope of the officer's duties,
but may not be disclosed to any other individual or be accessible
to any other person unless authorized by a court order.
(g) If, before July 1, 2025, the court issued an order that an
individual is not dangerous under subsection (f), and the individual
subsequently files a motion to amend that order to include the
expungement provisions of subsection (f)(3), the court shall grant the
motion and issue an amended order accordingly.

Legislative History

As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.11; P.L.142-2020, SEC.78; P.L.32-2025, SEC.1.