If the abuser's gun is taken away, what will happen to it?
A police officer responding to the scene of a crime where domestic violence is claimed to have happened can take the abuser’s gun if all of the following are true:
- the officer believes a crime involving domestic violence has happened;
- the firearm puts the victim in immediate risk of serious bodily injury;
- the firearm was used in the crime; and
- the officer saw the firearm at the scene.1
If the officer takes the gun, s/he will store it until any legal proceedings related to the incident have been completed.2
A police officer might also take a firearm away from someone who has been found to be a “dangerous individual.” If the abuser’s firearm was taken away due to a judge finding that the abuser is a “dangerous individual,” the abuser can file a petition after 180 days to get the firearm back. It is up to the judge whether to return the firearm or not based on whether the person is still considered “dangerous.”3 You can learn more about these types of firearm seizures in the Firearm Seizures and Retention section.
1 IC § 35-33-1-1.5(b)
2 IC § 35-33-1-1.5(c)
3 IC § 35-47-14-8(a)-(f)