§ 35-47-14-8 — Petition for return of a firearm; expungement; reporting

Indiana § 35-47-14-8

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

Text

(a) At least one hundred eighty (180) days
after the date on which a court orders a law enforcement agency to
retain an individual's firearm under section 6(c) of this chapter, the
individual may petition the court for a finding that the individual is no
longer dangerous.
(b) Upon receipt of a petition described in subsection (a), the court
shall:
(1) enter an order setting a date for a hearing on the petition; and
(2) inform the prosecuting attorney of the date, time, and location
of the hearing.
(c) The prosecuting attorney shall represent the state at the hearing
on a petition under this section.
(d) In a hearing on a petition under this section, the individual may
be represented by an attorney.
(e) In a hearing on a petition under this section filed:
(1) not later than one (1) year after the date of the order issued
under section 6(c) of this chapter, the individual must prove by a
preponderance of the evidence that the individual is no longer
dangerous; and
(2) later than one (1) year after the date of the order issued under
section 6(c) of this chapter, the state must prove by clear and
convincing evidence that the individual is still dangerous.
(f) If, upon the completion of the hearing and consideration of the
record, the court finds that the individual is no longer dangerous, the
court:
(1) shall:
(A) issue a court order that finds that the individual is no longer
dangerous;
(B) order the law enforcement agency having custody of any
firearm to return the firearm as quickly as practicable, but not
later than five (5) days after the date of the order, to the
individual;
(C) terminate any injunction issued under section 6 of this
chapter; and
(D) terminate the suspension of the individual's license to carry
a handgun so that the individual may reapply for a license; and
(2) may order that one (1) or more of the following records 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 no longer dangerous under subsection (f), and the
individual subsequently files a motion to amend that order to include
the expungement provisions of subsection (f)(2), the court may grant
the motion and issue an amended order accordingly.
(h) If the court denies an individual's petition under this section, the
individual may not file a subsequent petition until at least one hundred
eighty (180) days after the date on which the court denied the petition.
(i) If a court issues an order that an individual is no longer
dangerous under subsection (f)(1), the court's order shall be
transmitted, as soon as practicable, to the office of judicial
administration for transmission to the NICS (as defined in IC 35-47-2.5-2.5) and, 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.

Legislative History

As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.12; P.L.142-2020, SEC.79; P.L.32-2025, SEC.2.