Who can get firearms removed under the firearms seizure and retention law?
Only law enforcement officers can file to have an individual’s firearms removed. There are two ways that law enforcement can remove an individual’s firearms.
- Law enforcement officers may seize (remove) firearms from any individual whom the law enforcement officer believes to be dangerous without obtaining a warrant (permission from a judge). When this happens, the judge must have a hearing within 14 to 16 days to determine whether probable cause exists to find that the individual is dangerous and law enforcement should keep his/her firearms and concealed carry license, if s/he has one.1
- Law enforcement can also remove firearms by first filing an affidavit in court describing the facts that have led the officer to believe that a person is a “dangerous individual” and that s/he possesses a firearm.2 The affidavit must describe the officer’s interactions and conversations with either the individual who s/he believes is dangerous or interactions with another person who the officer believes to be credible and reliable.3
1 Ind. Code § 35-47-14-5
2 Ind. Code § 35-47-14-3(a)
3 Ind. Code § 35-47-14-2(1), (2)