LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7207 NOTE PREPARED: Jan 9, 2025
BILL NUMBER: HB 1653 BILL AMENDED:
SUBJECT: Repeal of Involuntary Firearm Removal Process.
FIRST AUTHOR: Rep. Payne BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill repeals provisions concerning the: (1) confiscation and retention of
firearms from a dangerous person; (2) compilation and publication of statistics related to the confiscation
and retention of firearms from a dangerous person; and (3) making of a false report that a person is
dangerous. It also modifies a provision concerning a petition to find that an individual is no longer dangerous.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Dangerous Person Criminal Penalties: This bill removes the definition
of a dangerous individual and the associated crimes of falsely reporting someone to police as dangerous and
carrying a handgun as a dangerous individual. Making the false report that someone is dangerous was a Class
B misdemeanor. An individual adjudicated as dangerous and carrying a gun was a Class A misdemeanor and
Level 5 felony for repeated offenses, and the unlawful transfer of a gun to a dangerous individual is a Level
5 felony.
State expenditures could decrease if fewer offenders are incarcerated, or incarcerated for less time in a state
prison. However, any reduction in expenditures is likely to be small. A Level 5 felony is punishable by a
prison term ranging from 1 to 6 years, with an advisory sentence of 3 years. Depending upon mitigating and
aggravating circumstances. A Level 6 felony is punishable by a prison term ranging from 6 to 30 months,
with an advisory sentence of 1 year. If offenders can be housed in existing facilities, the marginal cost for
medical care, food, and clothing is approximately $4,719 annually, or $12.93 daily, per prisoner.
Confiscation and Retention of Firearms: The workload of state law enforcement agencies will be reduced
since this bill repeals courts issuing warrants to seize and return guns of individuals considered dangerous.
Additional Information: The Indiana Crime Guns Task Force, comprised of state and local law enforcement
and agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives seized 381 firearms in CY 2022,
and 369 firearms in CY 2023.
Publications of Firearm Statistics: This bill repeals the statute requiring the Office of Judicial Administration
HB 1653 1 from compiling and publishing statistics related to confiscating firearms. This will reduce the Office of
Judicial Administration’s workload
Explanation of State Revenues: Dangerous Person Criminal Penalties: A reduction in revenue is likely
to occur as a result of this bill since fewer criminal fines and court fees would be assessed for crimes related
to being a dangerous person. Revenue to the Common School Fund may decrease. The maximum fine for
a Class B misdemeanor is $1,000, while the maximum fine for a Class A misdemeanor is $5,000. The
maximum fine for all felony levels is $10,000. However, any reduction in revenue is expected to be small.
[The total fee revenue per case would range between $113 and $138. The amount of court fees deposited will
vary depending on whether the case is filed in a court of record or a municipal court. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and
civil violation cases.]
Explanation of Local Expenditures: Dangerous Person Criminal Penalties: The maximum term of
imprisonment for a Class B misdemeanor is up to 180 days, while the maximum term for a Class A
misdemeanor is up to one year. However, any reduced costs to local governments are likely to be small.
Confiscation and Retention of Firearms: The workload of local law enforcement agencies will be reduced
since this bill repeals courts issuing warrants to seize and return guns of individuals considered dangerous.
Explanation of Local Revenues: Dangerous Person Criminal Penalties: If cases go to court, the local units
will receive less revenue.[If the case is filed in a court of record, the county general fund will receive $47.40
and qualifying municipalities will receive a share of $3.60. If the case is filed in a municipal court, the county
receives $30, and the municipality will receive $46. The following linked document describes the fees and
distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases.]
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies. Trial courts; local law
enforcement agencies.
Information Sources:
Fiscal Analyst: Abdulrahman Abdulkadri, 317-232-9852.
HB 1653 2