Introduced Version
HOUSE BILL No. 1317
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-31.5-2; IC 35-47-4.
Synopsis: Surrender of firearms for domestic violence crimes.
Provides that a person who: (1) has been convicted of a crime of
domestic violence; and (2) knowingly or intentionally possesses a
firearm; commits a Class A misdemeanor. Specifies certain defenses.
Requires a court to issue an order, upon entry of a judgment of
conviction for domestic battery or a crime of domestic violence, that:
(1) prohibits ownership or possession of a firearm; (2) requires the
defendant to surrender: (A) any firearm owned or possessed by the
defendant; and (B) any license or permit to carry a handgun (license)
owned or possessed by the defendant; and (3) requires confiscation,
within 72 hours, of any firearm or license owned or possessed by the
defendant. Provides that a domestic batterer who knowingly or
intentionally fails to surrender a certain firearm or license commits a
Class A misdemeanor, enhanced to a Level 6 felony in specific
instances. Provides certain defenses. Specifies how a confiscated
firearm or license shall be returned or disposed of if a person's right to
possess a firearm is restored. Defines certain terms. Makes conforming
amendments.
Effective: July 1, 2025.
Smith V
January 13, 2025, read first time and referred to Committee on Courts and Criminal Code.
2025 IN 1317—LS 6096/DI 144 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1317
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-31.5-2-78, AS AMENDED BY P.L.175-2022,
2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 78. "Crime of domestic violence", for purposes of
4 IC 5-2-6.1, IC 35-38-9, IC 35-47-2-1.5, and IC 35-47-4-7, IC 35-47-4,
5 means an offense or the attempt to commit an offense that:
6 (1) has as an element the:
7 (A) use of physical force; or
8 (B) threatened use of a deadly weapon; and
9 (2) is committed against a family or household member, as
10 defined in section 128 of this chapter.
11 SECTION 2. IC 35-31.5-2-103.3 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2025]: Sec. 103.3. "Domestic batterer", for
14 purposes of IC 35-47-4-6.3, has the meaning set forth in
15 IC 35-47-4-6.3(a)(2).
16 SECTION 3. IC 35-31.5-2-183, AS AMENDED BY P.L.144-2018,
17 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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1 JULY 1, 2025]: Sec. 183. (a) "Law enforcement agency," for purposes
2 of receiving information concerning a violation of IC 35-42-3.5-1
3 through IC 35-42-3.5-1.4 (human trafficking), means:
4 (1) an agency or department of:
5 (A) the state; or
6 (B) a political subdivision of the state;
7 whose principal function is the apprehension of criminal
8 offenders; and
9 (2) the attorney general.
10 (b) "Law enforcement agency", for purposes of IC 35-47-4 and
11 IC 35-47-15, has the meaning set forth in IC 35-47-15-2.
12 SECTION 4. IC 35-31.5-2-187.4 IS ADDED TO THE INDIANA
13 CODE AS A NEW SECTION TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2025]: Sec. 187.4. "License", for purposes of
15 IC 35-47-4-6.3 and IC 35-47-4-6.4, has the meaning set forth in
16 IC 35-47-4-6.3(a)(3).
17 SECTION 5. IC 35-31.5-2-275.5 IS ADDED TO THE INDIANA
18 CODE AS A NEW SECTION TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2025]: Sec. 275.5. "Residence", for purposes
20 of IC 35-47-4-6.3, has the meaning set forth in IC 35-47-4-6.3(a)(4).
21 SECTION 6. IC 35-31.5-2-319.5 IS ADDED TO THE INDIANA
22 CODE AS A NEW SECTION TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2025]: Sec. 319.5. "Surrender", for purposes
24 of IC 35-47-4-6.3 and IC 35-47-4-6.4, has the meaning set forth in
25 IC 35-47-4-6.3(a)(5).
26 SECTION 7. IC 35-47-4-6, AS AMENDED BY P.L.118-2007,
27 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 6. (a) A person who has been convicted of:
29 (1) domestic battery under IC 35-42-2-1.3; or
30 (2) a crime of domestic violence (as defined in
31 IC 35-31.5-2-78);
32 and who knowingly or intentionally possesses a firearm commits
33 unlawful possession of a firearm by a domestic batterer, a Class A
34 misdemeanor.
35 (b) It is a defense to a prosecution under this section that:
36 (1) the person's right to possess a firearm has been restored under
37 IC 35-47-4-7. section 7 of this chapter; or
38 (2) the person, at the time of the commission of the offense,
39 was:
40 (A) subject to a written court order under section 6.4(a) of
41 this chapter; and
42 (B) awaiting the confiscation of the firearm by an
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1 appropriate law enforcement agency or law enforcement
2 officer as described in section 6.4(b) of this chapter.
3 SECTION 8. IC 35-47-4-6.3 IS ADDED TO THE INDIANA CODE
4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5 1, 2025]: Sec. 6.3. (a) The following definitions apply throughout
6 this section:
7 (1) "Crime of domestic violence" has the meaning set forth in
8 IC 35-31.5-2-78.
9 (2) "Domestic batterer" means a person:
10 (A) who has been convicted of domestic battery (IC
11 35-42-2-1.3) or a crime of domestic violence; and
12 (B) whose right to possess a firearm has not been restored
13 under section 7 of this chapter.
14 (3) "License" means any license or permit to carry a
15 handgun.
16 (4) "Residence" means one (1) or more of the following:
17 (A) The location where a person spends most of the
18 person's time, including a residence owned or leased by
19 another person if the person:
20 (i) does not own or lease a residence; or
21 (ii) spends more time at the residence owned or leased by
22 the other person than at the residence owned or leased
23 by the person.
24 (B) A particular location where a person spends more than
25 three (3) nights in a thirty (30) day period.
26 (5) "Surrender" means to make available for confiscation by
27 a law enforcement agency or law enforcement officer having
28 jurisdiction over one (1) or more of the following:
29 (A) The location of the offense.
30 (B) The location of the defendant's residence at any time
31 between the defendant's arrest and the conclusion of the
32 defendant's sentence.
33 (b) A domestic batterer who knowingly or intentionally fails to
34 surrender any:
35 (1) firearm; or
36 (2) license;
37 owned or possessed by the domestic batterer commits unlawful
38 retention of a firearm or license by a domestic batterer, a Class A
39 misdemeanor. However, the offense is a Level 6 felony if the person
40 has a prior unrelated conviction for an offense under this section.
41 (c) It is a defense to a prosecution under this section that:
42 (1) a court did not issue a written order described in section
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1 6.4(a) of this chapter before the domestic batterer's failure to
2 surrender any firearm or license owned or possessed by the
3 domestic batterer; or
4 (2) the appropriate law enforcement agency or law
5 enforcement officer failed to confiscate a firearm or license
6 eligible for confiscation under this section in a timely manner.
7 (d) It is not a defense to a prosecution under this section that a
8 firearm or license subject to confiscation by a law enforcement
9 agency or law enforcement officer under this section was in the
10 possession of a third party not specified in the court order
11 described in section 6.4(a) of this chapter.
12 (e) Nothing in this chapter shall be construed to prevent a
13 person who is:
14 (1) the rightful owner of a firearm confiscated under this
15 section; and
16 (2) not otherwise disqualified or prohibited from owning or
17 possessing a firearm under state or federal law;
18 from reclaiming a confiscated firearm from the law enforcement
19 agency or law enforcement officer responsible for originally
20 confiscating the firearm.
21 SECTION 9. IC 35-47-4-6.4 IS ADDED TO THE INDIANA CODE
22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
23 1, 2025]: Sec. 6.4. (a) A court, upon entering a judgment of
24 conviction for domestic battery or a crime of domestic violence,
25 shall issue a written order that does the following:
26 (1) Prohibits the defendant from owning or possessing a
27 firearm.
28 (2) Requires the defendant to surrender all firearms and
29 licenses owned or possessed by the defendant.
30 (3) Orders an appropriate law enforcement:
31 (A) agency; or
32 (B) officer;
33 to confiscate all firearms and all licenses owned or possessed
34 by the defendant.
35 (4) Advises the defendant of the rights described in section 7
36 of this chapter.
37 (b) A law enforcement agency or law enforcement officer
38 subject to a written court order described in subsection (a) shall
39 comply with subsection (a) not later than seventy-two (72) hours
40 after receipt of the written court order described in subsection (a).
41 SECTION 10. IC 35-47-4-7, AS AMENDED BY P.L.181-2014,
42 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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1 JULY 1, 2025]: Sec. 7. (a) Notwithstanding IC 35-47-2, IC 35-47-2.5,
2 the restoration of the right to serve on a jury under IC 33-28-5-18, the
3 restoration of the right to vote under IC 3-7-13-5, or the expungement
4 of a crime of domestic violence under IC 35-38-9, and except as
5 provided in subsections (b), (c), and (f), a person who has been
6 convicted of a crime of domestic violence may not possess a firearm.
7 (b) Not earlier than five (5) years after the date of conviction, a
8 person who has been convicted of a crime of domestic violence may
9 petition the court for restoration of the person's right to possess a
10 firearm. In determining whether to restore the person's right to possess
11 a firearm, the court shall consider the following factors:
12 (1) Whether the person has been subject to:
13 (A) a protective order;
14 (B) a no contact order;
15 (C) a workplace violence restraining order; or
16 (D) any other court order that prohibits the person from
17 possessing a firearm.
18 (2) Whether the person has successfully completed a substance
19 abuse program, if applicable.
20 (3) Whether the person has successfully completed a parenting
21 class, if applicable.
22 (4) Whether the person still presents a threat to the victim of the
23 crime.
24 (5) Whether there is any other reason why the person should not
25 possess a firearm, including whether the person failed to satisfy
26 a specified condition under subsection (c) or whether the person
27 has committed a subsequent offense.
28 (c) The court may condition the restoration of a person's right to
29 possess a firearm upon the person's satisfaction of specified conditions.
30 (d) If the court denies a petition for restoration of the right to
31 possess a firearm, the person may not file a second or subsequent
32 petition until one (1) year has elapsed after the filing of the most recent
33 petition.
34 (e) A person has not been convicted of a crime of domestic violence
35 for purposes of subsection (a) if the person has been pardoned.
36 (f) The right to possess a firearm shall be restored to a person whose
37 conviction is reversed on appeal or on postconviction review at the
38 earlier of the following:
39 (1) At the time the prosecuting attorney states on the record that
40 the charges that gave rise to the conviction will not be refiled.
41 (2) Ninety (90) days after the final disposition of the appeal or the
42 postconviction proceeding.
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1 (g) If a person's right to possess a firearm is restored under this
2 section, any:
3 (1) written court order issued under section 6.4 of this chapter
4 shall be vacated;
5 (2) firearm confiscated under section 6.4 of this chapter shall
6 be:
7 (A) disposed of; or
8 (B) returned to the rightful owner;
9 in the manner described in IC 35-47-3; and
10 (3) valid license confiscated under section 6.4 of this chapter
11 shall be made available to the person not later than
12 seventy-two (72) hours after the person's right to possess a
13 firearm has been restored.
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