Selected Statutes: Indiana

Sec. 6. (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.