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Legal Information: Indiana

State Gun Laws

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Laws current as of November 14, 2023

How are firearms removed from a dangerous individual under this law? For how long are they removed?

There are two ways that an officer can take (seize) the firearms from an individual believed to be dangerous:

  1. A law enforcement officer can seize the firearms from any individual who the officer believes to be dangerous without a warrant. In this case, the officer must:
    • file an affidavit in court within 48 hours that:
      • explains why s/he seized the firearms; and
      • states the quantity and type of each firearm seized from the individual;
    • ask the judge for permission to keep (retain) the firearm.
  2. A law enforcement officer can file a petition in court asking the judge to issue a warrant allowing the officer to seize the firearm.1

In either scenario, after the firearms are seized, the officer must file a “search warrant return” with the court within 48 hours that lists the quantity and type of firearms seized.2

After the affidavit or the search warrant return is filed in court, the judge must hold a hearing within 14 days, or within 60 days if a continuance is requested, during which time the state must prove by “clear and convincing evidence” that the individual is dangerous.3 If this is proven, the judge will issue an order that does the following:

  • declares the person to be a dangerous individual;
  • orders law enforcement to keep the firearms that were seized;
  • suspends the individual’s license to carry a handgun;
  • prohibits the individual from renting, receiving, owning, or possessing a firearm; and
  • determines whether the individual should be referred to further proceedings regarding involuntarily detainment or commitment for mentally ill individuals.4

If the individual chooses to, s/he can file a petition asking the judge to allow the firearms to be:

  • transferred from law enforcement to a responsible third party or a federally-licensed firearms dealer; or
  • sold at auction by law enforcement with the money from the sale going to the individual.5

1 Ind. Code §§ 35-47-14-3(a); 35-47-14-4; 35-47-14-2(b)
2 Ind. Code §§ 35-47-14-2(b); 35-47-14-2(e)
3 Ind. Code §§ 35-47-14-5(a), (b); 35-47-14-6
4 Ind. Code § 35-47-14-6(c)
5 Ind. Code § 35-47-14-10(a)