State Gun Laws

Once a firearm has been seized, there are two situations in which it could be returned to the individual. The court would hold a hearing to determine whether the individual is a “dangerous individual.” If the state:

1. does not prove they are a “dangerous individual” by “clear and convincing evidence,” the law enforcement agency holding the firearm must return it within five days and the court and law enforcement records about the seizure must be sealed and expunged.¹
2. does prove its case and the firearms are kept by law enforcement, the individual can file a petition after 180 days have passed for a new hearing: 
   
   • If the new petition is filed within a year of when the firearms were seized, the individual must prove that they are no longer dangerous. 
   • If the new petition is filed after one year, the state must prove that the individual is still dangerous.
   • If the judge decides that the individual is no longer dangerous, the judge:
     • must order the law enforcement agency to return the firearms within five days;
     • must end (terminate) the order that stops the individual from having firearms;
     • must remove the suspension of the individual’s license to carry a handgun, so that the individual can reapply for a license; and
     • may order that the court and law enforcement records be sealed and deleted (expunged).²

If the judge rules against the individual at the hearing and declares that they are still a dangerous individual, the individual must wait another 180 days before filing a petition for another hearing.³

Note: If at least five years have passed since a judge held the first hearing, then the judge may order the law enforcement agency that is holding the firearm to get rid (dispose) of it permanently. However, before ordering this, the judge must give notice to the parties and hold a hearing.⁴

¹ Ind. Code § 35-47-14-6(f)
² Ind. Code § 35-47-14-8(a)-(f)
³ Ind. Code § 35-47-14-8(h)
⁴ Ind. Code § 35-47-14-9