Indiana § 35-47-4-7 Persons prohibited from possessing a firearm; restoration of right to
possess a firearm

Indiana Statutes

§ 35-47-4-7 — Persons prohibited from possessing a firearm; restoration of right to possess a firearm

Indiana·Art. 47 WEAPONS AND INSTRUMENTS OF VIOLENCE·Ch. 4 Miscellaneous Provisions

(a)Notwithstanding IC 35-47-2, IC 35-47-2.5, the restoration of the right to serve on a jury under IC 33-28-5-18, the restoration of the right to vote under IC 3-7-13-5, or the expungement of a crime of domestic violence under IC 35-38-9, and except as provided in subsections (b), (c), and (f), a person who has been convicted of a crime of domestic violence may not possess a firearm.

(b)Not earlier than five (5) years after the date of conviction, a person who has been convicted of a crime of domestic violence may petition the court for restoration of the person's right to possess a firearm. In determining whether to restore the person's right to possess a firearm, the court shall consider the following factors:

(1)Whether the person has been subject to:

(A)a protective order;

(B)a no

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(a) Notwithstanding IC 35-47-2, IC 35-47-2.5,
the restoration of the right to serve on a jury under IC 33-28-5-18, the
restoration of the right to vote under IC 3-7-13-5, or the expungement
of a crime of domestic violence under IC 35-38-9, and except as
provided in subsections (b), (c), and (f), a person who has been
convicted of a crime of domestic violence may not possess a firearm.
(b) Not earlier than five (5) years after the date of conviction, a
person who has been convicted of a crime of domestic violence may
petition the court for restoration of the person's right to possess a
firearm. In determining whether to restore the person's right to possess
a firearm, the court shall consider the following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from
possessing a firearm.
(2) Whether the person has successfully completed a substance
abuse program, if applicable.
(3) Whether the person has successfully completed a parenting
class, if applicable.
(4) Whether the person still presents a threat to the victim of the
crime.
(5) Whether there is any other reason why the person should not
possess a firearm, including whether the person failed to satisfy
a specified condition under subsection (c) or whether the person
has committed a subsequent offense.
(c) The court may condition the restoration of a person's right to
possess a firearm upon the person's satisfaction of specified conditions.
(d) If the court denies a petition for restoration of the right to
possess a firearm, the person may not file a second or subsequent
petition until one (1) year has elapsed after the filing of the most recent
petition.
(e) A person has not been convicted of a crime of domestic violence
for purposes of subsection (a) if the person has been pardoned.
(f) The right to possess a firearm shall be restored to a person whose
conviction is reversed on appeal or on postconviction review at the
earlier of the following:
(1) At the time the prosecuting attorney states on the record that
the charges that gave rise to the conviction will not be refiled.
(2) Ninety (90) days after the final disposition of the appeal or the
postconviction proceeding.

Indiana § 35-47-4-7 (Persons prohibited from possessing a firearm; restoration of right to possess a firearm) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.