§ 35-47-8.5-5 — Review of denial by circuit or superior court

Indiana § 35-47-8.5-5

• Jurisdiction: Indiana
• Art. 47: WEAPONS AND INSTRUMENTS OF VIOLENCE
• Ch. 8.5: NFA Firearm Certification

Text

(a) A person whose request for certification
has been denied under this chapter may file an action in the circuit or
superior court of the county in which the denial occurred to compel the
chief law enforcement officer to issue a certification. The person filing
an action under this subsection shall serve a copy of the action on the
chief law enforcement officer in accordance with the Indiana Rules of
Trial Procedure.
(b) The court shall determine the matter under subsection (a) de
novo, with the burden of proof on the chief law enforcement officer to
sustain the denial of the request for certification. If the request for
certification was denied because the applicant is:
(1) prohibited by law from receiving or possessing a firearm; or
(2) the subject of a proceeding that could result in the applicant
being prohibited by law from receiving or possessing a firearm;
a certified copy of documentary evidence establishing that the
applicant is ineligible for certification is sufficient to meet the burden
of proof. However, an affidavit or conclusory statement is not sufficient
to sustain the burden of proof that a denial of the request for
certification was proper.
(c) In an action filed under this section, a court shall award
reasonable attorney's fees, court costs, and other reasonable expenses
of litigation to the prevailing applicant if the court finds that there was
no substantial basis for the denial of the request for certification.
(d) A court shall expedite the hearing of an action filed under this
section.

Legislative History

As added by P.L.66-2016, SEC.7.