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Indiana Code Title 35. Criminal Law and Procedure § 35-47-14-8

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 8. (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.

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Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-47-14-8 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-47-14-8/

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