Here's the highlights of Indiana's redflag law.
This is how redflag laws should be written.
Quick Reference Guide - IC 35-47-14
Proceedings for the Seizure and Retention of a Firearm
**The foregoing information is provided by the Indiana State Police Legal Staff to assist their
officers with application of this procedure. This is intended as a summary and quick reference, and
should not be construed as a substitute for consulting the applicable statute(s) and local prosecutor
and Department attorneys.
DANGEROUS PERSON (IC 35-47-14-1)
- An individual who presents an imminent risk of personal injury to the individual or to
another individual; or
- An individual who may present a risk of personal injury to the individual or to another
individual in the future and the individual:
o Has a mental illness (as defined in IC 12-7-2-130) that may be controlled by
medication, and has not demonstrated a pattern of voluntarily and consistently
taking the individual's medication while not under supervision; or
o Is the subject of documented evidence that would give rise to a reasonable belief
that the individual has a propensity for violent or emotionally unstable conduct.
WITH A WARRANT (IC 35-47-14-2)
- Apply to circuit or superior court with jurisdiction
- Prepare sworn affidavit that:
o States why the law enforcement officer believes that the individual is dangerous and
in possession of a firearm; and
o Describes the law enforcement officer's interactions and conversations with:
the individual who is alleged to be dangerous; or
another individual, if the law enforcement officer believes that information
obtained from this individual is credible and reliable;
o The affidavit specifically describes the location of the firearm
- If a court issued a warrant to seize a firearm, the officer must file return within forty-eight
(48) hours after the warrant was served that:
o Date and time served
o The name and address of the individual named in the warrant;
o The quantity and description of any firearms seized. (IC 35-47-14-4)
WITHOUT A WARRANT (35-47-14-3)
- If weapons are seized during the normal course of law enforcement duties
- If person is believed to be dangerous (as defined above), submit a written statement to the
court of jurisdiction describing basis for belief
- Court reviews statement and may order firearms retained or released
AFTER FIREARMS ARE SEIZED
- Court holds a hearing within 14 days. (IC 35-47-14-5)
- Notification to individual from whom the firearm was seized and prosecutor
- Court determines by clear and convincing evidence if person is dangerous and firearms
should be retained (IC 35-47-14-6)
- If retained, law enforcement agency keeps firearm until further order of the court.
- Court shall also order License to carry handgun suspended. (IC 35-47-14-6(b))
o Notify ISP Firearms to insure this is completed
RETURN OF FIREARMS (IC 35-47-14-8)
- Person may petition for return after at least 180 days
- If denied at that hearing, must wait at least another 180 days
- If five years have passed, hearing may be held to destroy or permanently dispose of
firearms (IC 35-47-14-9)
SALE OF FIREARM (IC 35-47-14-10)
- After order for retention, Person may petition for an order directing LE agency to sell
firearm with proceeds (minus 8% administrative costs) to go to individual.