Indiana 2025 Regular Session

Indiana House Bill HB1653 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1653
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 12-26-6-2; IC 33-24-6; IC 35-31.5-2-81.5;
7	7	IC 35-33-5; IC 35-44.1-2-3; IC 35-47.
8	8	Synopsis: Repeal of involuntary firearm removal process. Repeals
9	9	provisions concerning the: (1) confiscation and retention of firearms
10	10	from a dangerous person; (2) compilation and publication of statistics
11	11	related to the confiscation and retention of firearms from a dangerous
12	12	person; and (3) making of a false report that a person is dangerous.
13	13	Modifies a provision concerning a petition to find that an individual is
14	14	no longer dangerous.
15	15	Effective: July 1, 2025.
16	16	Payne
17	17	January 21, 2025, read first time and referred to Committee on Courts and Criminal Code.
18	18	2025 IN 1653—LS 7207/DI 144 Introduced
19	19	First Regular Session of the 124th General Assembly (2025)
20	20	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	21	Constitution) is being amended, the text of the existing provision will appear in this style type,
22	22	additions will appear in this style type, and deletions will appear in this style type.
23	23	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	24	provision adopted), the text of the new provision will appear in this style type. Also, the
25	25	word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	26	a new provision to the Indiana Code or the Indiana Constitution.
27	27	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	28	between statutes enacted by the 2024 Regular Session of the General Assembly.
29	29	HOUSE BILL No. 1653
30	30	A BILL FOR AN ACT to amend the Indiana Code concerning
31	31	criminal law and procedure.
32	32	Be it enacted by the General Assembly of the State of Indiana:
33	33	1 SECTION 1. IC 12-26-6-2, AS AMENDED BY P.L.289-2019,
34	34	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35	35	3 JULY 1, 2025]: Sec. 2. (a) A commitment under this chapter may be
36	36	4 begun by any of the following methods:
37	37	5 (1) Upon request of the superintendent under IC 12-26-3-5.
38	38	6 (2) An order of the court
39	39	7 (A) having jurisdiction over the individual following
40	40	8 emergency detention. or
41	41	9 (B) referring an individual:
42	42	10 (i) following a hearing under IC 35-47-14-6; and
43	43	11 (ii) after a physicians written statement has been filed setting
44	44	12 forth the requirements described in subsections (c)(1) and
45	45	13 (c)(2) of this section.
46	46	14 (3) Filing a petition with a court having jurisdiction in the county:
47	47	15 (A) of residence of the individual; or
48	48	16 (B) where the individual may be found.
49	49	17 (b) A petitioner under subsection (a)(3) must be at least eighteen
50	50	2025 IN 1653—LS 7207/DI 144 2
51	51	1 (18) years of age.
52	52	2 (c) A petition under subsection (a)(3) must include a physician's
53	53	3 written statement stating both of the following:
54	54	4 (1) The physician has examined the individual within the past
55	55	5 thirty (30) days.
56	56	6 (2) The physician believes the individual is:
57	57	7 (A) mentally ill and either dangerous or gravely disabled; and
58	58	8 (B) in need of custody, care, or treatment in an appropriate
59	59	9 facility.
60	60	10 SECTION 2. IC 33-24-6-3, AS AMENDED BY P.L.104-2024,
61	61	11 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
62	62	12 JULY 1, 2025]: Sec. 3. (a) The office of judicial administration shall
63	63	13 do the following:
64	64	14 (1) Examine the administrative and business methods and systems
65	65	15 employed in the offices of the clerks of court and other offices
66	66	16 related to and serving the courts and make recommendations for
67	67	17 necessary improvement.
68	68	18 (2) Collect and compile statistical data and other information on
69	69	19 the judicial work of the courts in Indiana. All justices of the
70	70	20 supreme court, judges of the court of appeals, judges of all trial
71	71	21 courts, and any city or town courts, whether having general or
72	72	22 special jurisdiction, court clerks, court reporters, and other
73	73	23 officers and employees of the courts shall, upon notice by the
74	74	24 chief administrative officer and in compliance with procedures
75	75	25 prescribed by the chief administrative officer, furnish the chief
76	76	26 administrative officer the information as is requested concerning
77	77	27 the nature and volume of judicial business. The information must
78	78	28 include the following:
79	79	29 (A) The volume, condition, and type of business conducted by
80	80	30 the courts.
81	81	31 (B) The methods of procedure in the courts.
82	82	32 (C) The work accomplished by the courts.
83	83	33 (D) The receipt and expenditure of public money by and for
84	84	34 the operation of the courts.
85	85	35 (E) The methods of disposition or termination of cases.
86	86	36 (3) Prepare and publish reports, not less than one (1) or more than
87	87	37 two (2) times per year, on the nature and volume of judicial work
88	88	38 performed by the courts as determined by the information
89	89	39 required in subdivision (2).
90	90	40 (4) Serve the judicial nominating commission and the judicial
91	91	41 qualifications commission in the performance by the commissions
92	92	42 of their statutory and constitutional functions.
93	93	2025 IN 1653—LS 7207/DI 144 3
94	94	1 (5) Administer the civil legal aid fund as required by IC 33-24-12.
95	95	2 (6) Administer the court technology fund established by section
96	96	3 12 of this chapter.
97	97	4 (7) By December 31, 2013, develop and implement a standard
98	98	5 protocol for sending and receiving court data:
99	99	6 (A) between the protective order registry, established by
100	100	7 IC 5-2-9-5.5, and county court case management systems;
101	101	8 (B) at the option of the prosecuting attorney, for:
102	102	9 (i) a prosecuting attorney's case management system;
103	103	10 (ii) a county court case management system; and
104	104	11 (iii) a county court case management system developed and
105	105	12 operated by the office of judicial administration;
106	106	13 to interface with the electronic traffic tickets, as defined by
107	107	14 IC 9-30-3-2.5; and
108	108	15 (C) between county court case management systems and the
109	109	16 case management system developed and operated by the office
110	110	17 of judicial administration.
111	111	18 The standard protocol developed and implemented under this
112	112	19 subdivision shall permit private sector vendors, including vendors
113	113	20 providing service to a local system and vendors accessing the
114	114	21 system for information, to send and receive court information on
115	115	22 an equitable basis and at an equitable cost, and for a case
116	116	23 management system developed and operated by the office of
117	117	24 judicial administration, must include a searchable field for the
118	118	25 name and bail agent license number, if applicable, of the bail
119	119	26 agent or a person authorized by the surety that pays bail for an
120	120	27 individual as described in IC 35-33-8-3.2.
121	121	28 (8) Establish and administer an electronic system for receiving
122	122	29 information that relates to certain individuals who may be
123	123	30 prohibited from possessing a firearm for the purpose of
124	124	31 (A) transmitting this information to the Federal Bureau of
125	125	32 Investigation for inclusion in the NICS. and
126	126	33 (B) beginning July 1, 2021, compiling and publishing certain
127	127	34 statistics related to the confiscation and retention of firearms
128	128	35 as described under section 14 of this chapter.
129	129	36 (9) Establish and administer an electronic system for receiving
130	130	37 drug related felony conviction information from courts. The office
131	131	38 of judicial administration shall notify NPLEx of each drug related
132	132	39 felony entered after June 30, 2012, and do the following:
133	133	40 (A) Provide NPLEx with the following information:
134	134	41 (i) The convicted individual's full name.
135	135	42 (ii) The convicted individual's date of birth.
136	136	2025 IN 1653—LS 7207/DI 144 4
137	137	1 (iii) The convicted individual's driver's license number, state
138	138	2 personal identification number, or other unique number, if
139	139	3 available.
140	140	4 (iv) The date the individual was convicted of the felony.
141	141	5 Upon receipt of the information from the office of judicial
142	142	6 administration, a stop sale alert must be generated through
143	143	7 NPLEx for each individual reported under this clause.
144	144	8 (B) Notify NPLEx if the felony of an individual reported under
145	145	9 clause (A) has been:
146	146	10 (i) set aside;
147	147	11 (ii) reversed;
148	148	12 (iii) expunged; or
149	149	13 (iv) vacated.
150	150	14 Upon receipt of information under this clause, NPLEx shall
151	151	15 remove the stop sale alert issued under clause (A) for the
152	152	16 individual.
153	153	17 (10) After July 1, 2018, establish and administer an electronic
154	154	18 system for receiving from courts felony or misdemeanor
155	155	19 conviction information for each felony or misdemeanor described
156	156	20 in IC 20-28-5-8(c). The office of judicial administration shall
157	157	21 notify the department of education at least one (1) time each week
158	158	22 of each felony or misdemeanor described in IC 20-28-5-8(c)
159	159	23 entered after July 1, 2018, and do the following:
160	160	24 (A) Provide the department of education with the following
161	161	25 information:
162	162	26 (i) The convicted individual's full name.
163	163	27 (ii) The convicted individual's date of birth.
164	164	28 (iii) The convicted individual's driver's license number, state
165	165	29 personal identification number, or other unique number, if
166	166	30 available.
167	167	31 (iv) The date the individual was convicted of the felony or
168	168	32 misdemeanor.
169	169	33 (B) Notify the department of education if the felony or
170	170	34 misdemeanor of an individual reported under clause (A) has
171	171	35 been:
172	172	36 (i) set aside;
173	173	37 (ii) reversed; or
174	174	38 (iii) vacated.
175	175	39 (11) Perform legal and administrative duties for the justices as
176	176	40 determined by the justices.
177	177	41 (12) Provide staff support for the judicial conference of Indiana
178	178	42 established in IC 33-38-9.
179	179	2025 IN 1653—LS 7207/DI 144 5
180	180	1 (13) Work with the United States Department of Veterans Affairs
181	181	2 to identify and address the needs of veterans in the court system.
182	182	3 (14) If necessary for purposes of IC 35-47-16-1, issue a retired
183	183	4 judicial officer an identification card identifying the retired
184	184	5 judicial officer as a retired judicial officer.
185	185	6 (15) Establish and administer the statewide juvenile justice data
186	186	7 aggregation plan established under section 12.5 of this chapter.
187	187	8 (16) Create and make available an application for detention to be
188	188	9 used in proceedings under IC 12-26-5 (mental health detention,
189	189	10 commitment, and treatment).
190	190	11 (17) Create and make available a uniform form to assist a court in
191	191	12 making an indigency determination under IC 35-33-7-6.5.
192	192	13 (b) All forms to be used in gathering data must be approved by the
193	193	14 supreme court and shall be distributed to all judges and clerks before
194	194	15 the start of each period for which reports are required.
195	195	16 (c) The office of judicial administration may adopt rules to
196	196	17 implement this section.
197	197	18 SECTION 3. IC 33-24-6-14 IS REPEALED [EFFECTIVE JULY 1,
198	198	19 2025]. Sec. 14. (a) The following definitions apply throughout this
199	199	20 section:
200	200	21 (1) "Dangerous" has the meaning set forth in IC 35-47-14-1.
201	201	22 (2) "Firearm" has the meaning set forth in IC 35-47-1-5.
202	202	23 (3) "Office" means the office of judicial administration created by
203	203	24 section 1 of this chapter.
204	204	25 (b) Beginning July 1, 2021, the office shall collect and record the
205	205	26 following information:
206	206	27 (1) The law enforcement agency responsible for each confiscation
207	207	28 of a firearm under IC 35-47-14-2 and IC 35-47-14-3.
208	208	29 (2) The number of:
209	209	30 (A) warrant based firearm confiscations under IC 35-47-14-2;
210	210	31 and
211	211	32 (B) warrantless firearm confiscations under IC 35-47-14-3;
212	212	33 for each county, as applicable, each year.
213	213	34 (3) The total number of:
214	214	35 (A) handguns; and
215	215	36 (B) long guns;
216	216	37 confiscated under IC 35-47-14 for each county, as applicable,
217	217	38 each year.
218	218	39 (4) The county in which a court issues an order that finds or does
219	219	40 not find an individual to be dangerous under IC 35-47-14-6.
220	220	41 (c) The office shall, beginning July 1, 2021, not later than January
221	221	42 1 of each year, submit a report to the legislative council in an electronic
222	222	2025 IN 1653—LS 7207/DI 144 6
223	223	1 format under IC 5-14-6 that consolidates and presents the information
224	224	2 described in subsection (b).
225	225	3 (d) Notwithstanding subsections (b) and (c) and information
226	226	4 provided to a law enforcement agency for the purposes of handgun
227	227	5 licenses, the office shall not disclose, distribute, transfer, or provide the
228	228	6 following information to any person, entity, agency, or department:
229	229	7 (1) The:
230	230	8 (A) name;
231	231	9 (B) date of birth;
232	232	10 (C) Social Security number;
233	233	11 (D) address; or
234	234	12 (E) other unique identifier;
235	235	13 belonging to or associated with an individual alleged to be
236	236	14 dangerous by a law enforcement officer or found to be dangerous
237	237	15 by a circuit or superior court.
238	238	16 (2) The make, model, or serial number of any handgun, long gun,
239	239	17 or firearm seized, confiscated, retained, disposed of, or sold under
240	240	18 IC 35-47-14.
241	241	19 (e) Information:
242	242	20 (1) collected by the office; or
243	243	21 (2) used by the office;
244	244	22 to prepare the report described in subsection (c) is confidential and not
245	245	23 subject to public inspection or copying under IC 5-14-3-3.
246	246	24 (f) The office shall make the report described in subsection (c)
247	247	25 available to the public.
248	248	26 (g) The office may adopt rules under IC 4-22-2 to implement this
249	249	27 section.
250	250	28 SECTION 4. IC 35-31.5-2-81.5 IS REPEALED [EFFECTIVE JULY
251	251	29 1, 2025]. Sec. 81.5. "Dangerous", for purposes of IC 35-47-4-6.5,
252	252	30 IC 35-47-4-6.7, and IC 35-47-14, has the meaning set forth in
253	253	31 IC 35-47-14-1.
254	254	32 SECTION 5. IC 35-33-5-1, AS AMENDED BY P.L.1-2006,
255	255	33 SECTION 526, IS AMENDED TO READ AS FOLLOWS
256	256	34 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) A court may issue warrants
257	257	35 only upon probable cause, supported by oath or affirmation, to search
258	258	36 any place for any of the following:
259	259	37 (1) Property which is obtained unlawfully.
260	260	38 (2) Property, the possession of which is unlawful.
261	261	39 (3) Property used or possessed with intent to be used as the means
262	262	40 of committing an offense or concealed to prevent an offense from
263	263	41 being discovered.
264	264	42 (4) Property constituting evidence of an offense or tending to
265	265	2025 IN 1653—LS 7207/DI 144 7
266	266	1 show that a particular person committed an offense.
267	267	2 (5) Any person.
268	268	3 (6) Evidence necessary to enforce statutes enacted to prevent
269	269	4 cruelty to or neglect of children.
270	270	5 (7) A firearm possessed by a person who is dangerous (as defined
271	271	6 in IC 35-47-14-1).
272	272	7 (b) As used in this section, "place" includes any location where
273	273	8 property might be secreted or hidden, including buildings, persons, or
274	274	9 vehicles.
275	275	10 SECTION 6. IC 35-33-5-5, AS AMENDED BY P.L.89-2022,
276	276	11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
277	277	12 JULY 1, 2025]: Sec. 5. (a) All items of property seized by any law
278	278	13 enforcement agency as a result of an arrest, search warrant, or
279	279	14 warrantless search, shall be securely held by the law enforcement
280	280	15 agency under the order of the court trying the cause, except as provided
281	281	16 in this section.
282	282	17 (b) Evidence that consists of property obtained unlawfully from its
283	283	18 owner may be returned by the law enforcement agency to the owner
284	284	19 before trial, in accordance with IC 35-43-4-4(h).
285	285	20 (c) Following the final disposition of the cause at trial level or any
286	286	21 other final disposition the following shall be done:
287	287	22 (1) Property which may be lawfully possessed shall be returned
288	288	23 to its rightful owner, if known. If ownership is unknown, a
289	289	24 reasonable attempt shall be made by the law enforcement agency
290	290	25 holding the property to ascertain ownership of the property. After
291	291	26 ninety (90) days from the time:
292	292	27 (A) the rightful owner has been notified to take possession of
293	293	28 the property; or
294	294	29 (B) a reasonable effort has been made to ascertain ownership
295	295	30 of the property;
296	296	31 the law enforcement agency holding the property shall, at a
297	297	32 convenient time, dispose of this property at a public auction. The
298	298	33 proceeds of this property shall be paid into the county general
299	299	34 fund.
300	300	35 (2) Except as provided in subsection (e), property, the possession
301	301	36 of which is unlawful, shall be destroyed by the law enforcement
302	302	37 agency holding it sixty (60) days after final disposition of the
303	303	38 cause.
304	304	39 (3) A firearm that has been seized from a person who is
305	305	40 dangerous (as defined in IC 35-47-14-1 (before its repeal)) shall
306	306	41 be retained, returned, or disposed of in accordance with
307	307	42 IC 35-47-14.
308	308	2025 IN 1653—LS 7207/DI 144 8
309	309	1 (d) Except as provided in subsection (g), if any property described
310	310	2 in subsection (c) was admitted into evidence in the cause, the property
311	311	3 shall be disposed of in accordance with an order of the court trying the
312	312	4 cause.
313	313	5 (e) A law enforcement agency may destroy or cause to be destroyed
314	314	6 chemicals, controlled substances, or chemically contaminated
315	315	7 equipment (including drug paraphernalia as described in
316	316	8 IC 35-48-4-8.5) associated with the illegal manufacture of drugs or
317	317	9 controlled substances without a court order if all the following
318	318	10 conditions are met:
319	319	11 (1) The law enforcement agency collects and preserves a
320	320	12 sufficient quantity of the chemicals, controlled substances, or
321	321	13 chemically contaminated equipment to demonstrate that the
322	322	14 chemicals, controlled substances, or chemically contaminated
323	323	15 equipment was associated with the illegal manufacture of drugs
324	324	16 or controlled substances.
325	325	17 (2) The law enforcement agency takes photographs of the illegal
326	326	18 drug manufacturing site that accurately depict the presence and
327	327	19 quantity of chemicals, controlled substances, and chemically
328	328	20 contaminated equipment.
329	329	21 (3) The law enforcement agency completes a chemical inventory
330	330	22 report that describes the type and quantities of chemicals,
331	331	23 controlled substances, and chemically contaminated equipment
332	332	24 present at the illegal manufacturing site.
333	333	25 The photographs and description of the property shall be admissible
334	334	26 into evidence in place of the actual physical evidence.
335	335	27 (f) For purposes of preserving the record of any conviction on
336	336	28 appeal, a photograph demonstrating the nature of the property, and an
337	337	29 adequate description of the property must be obtained before the
338	338	30 disposition of the property. In the event of a retrial, the photograph and
339	339	31 description of the property shall be admissible into evidence in place
340	340	32 of the actual physical evidence. All other rules of law governing the
341	341	33 admissibility of evidence shall apply to the photographs.
342	342	34 (g) All evidence for a violent offense (as defined in IC 11-12-3.7-6)
343	343	35 in the law enforcement agency's possession or control that could be
344	344	36 subjected to DNA testing and analysis shall be preserved by the law
345	345	37 enforcement agency for the later of the following:
346	346	38 (1) Twenty (20) years from the date the defendant's conviction
347	347	39 becomes final.
348	348	40 (2) The period of the defendant's incarceration.
349	349	41 In cases where an investigation did not result in a conviction, the
350	350	42 evidence shall be preserved until the expiration of the statute of
351	351	2025 IN 1653—LS 7207/DI 144 9
352	352	1 limitations for the alleged offense. If the preservation of the evidence
353	353	2 is impracticable, the law enforcement agency shall remove portions of
354	354	3 the material evidence likely to contain biological evidence related to
355	355	4 the offense, in a quantity sufficient to permit future DNA testing before
356	356	5 returning or disposing of the physical evidence. At subsequent hearings
357	357	6 or trials, all records, notes, identification numbers, photographs, and
358	358	7 other documentation relating to the preservation of biological evidence
359	359	8 shall be admissible into evidence.
360	360	9 (h) The law enforcement agency disposing of property in any
361	361	10 manner provided in subsection (b), (c), (e), or (g), shall maintain
362	362	11 certified records of any disposition under subsection (b), (c), (e), or (g).
363	363	12 Disposition by destruction of property shall be witnessed by two (2)
364	364	13 persons who shall also attest to the destruction.
365	365	14 (i) This section does not affect the procedure for the disposition of
366	366	15 firearms seized by a law enforcement agency.
367	367	16 (j) A law enforcement agency that disposes of property by auction
368	368	17 under this section shall permanently stamp or otherwise permanently
369	369	18 identify the property as property sold by the law enforcement agency.
370	370	19 (k) Upon motion of the prosecuting attorney, the court shall order
371	371	20 property seized under IC 34-24-1 transferred, subject to the perfected
372	372	21 liens or other security interests of any person in the property, to the
373	373	22 appropriate federal authority for disposition under 18 U.S.C. 981(e), 19
374	374	23 U.S.C. 1616a, or 21 U.S.C. 881(e) and any related regulations adopted
375	375	24 by the United States Department of Justice.
376	376	25 (l) The law enforcement agency responsible for disposing of
377	377	26 property under subsection (g), shall do the following:
378	378	27 (1) Maintain a record of the preserved evidence.
379	379	28 (2) Schedule a disposal date for the preserved evidence.
380	380	29 (3) Provide notice to the last known address of the defendant and
381	381	30 the defendant's attorney:
382	382	31 (A) when the preserved evidence is removed from its secure
383	383	32 location; or
384	384	33 (B) of the date the preserved evidence has been marked for
385	385	34 disposal.
386	386	35 The defendant or the defendant's attorney must provide the most
387	387	36 current address of the defendant or the defendant's attorney to the law
388	388	37 enforcement agency responsible for disposing of property in order to
389	389	38 effectively receive proper notice. If the law enforcement agency
390	390	39 responsible for disposing of property does not have the defendant's or
391	391	40 the defendant's attorney's most current address on file, then the notice
392	392	41 requirement is deemed waived.
393	393	42 (m) Failure of a law enforcement agency to follow the procedures
394	394	2025 IN 1653—LS 7207/DI 144 10
395	395	1 described in this section may constitute contempt of court. However,
396	396	2 failure to follow the procedures described in this section shall not be
397	397	3 grounds for reversal of a conviction unless the defendant proves a
398	398	4 violation of the defendant's due process rights.
399	399	5 (n) Nothing in subsection (g) shall preclude a law enforcement
400	400	6 agency from submitting biological evidence to forensic DNA testing or
401	401	7 analysis, at its own initiative or at the request of a prosecuting attorney,
402	402	8 if such testing will not consume the remainder of the evidence. If such
403	403	9 testing would consume the remainder of the evidence, the prosecuting
404	404	10 attorney may seek a court order allowing such testing under
405	405	11 IC 35-38-7-17.
406	406	12 SECTION 7. IC 35-44.1-2-3, AS AMENDED BY P.L.104-2024,
407	407	13 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
408	408	14 JULY 1, 2025]: Sec. 3. (a) As used in this section, "consumer product"
409	409	15 has the meaning set forth in IC 35-45-8-1.
410	410	16 (b) As used in this section, "misconduct" means a violation of a
411	411	17 departmental rule or procedure of a law enforcement agency.
412	412	18 (c) A person who reports that:
413	413	19 (1) the person or another person has placed or intends to place an
414	414	20 explosive, a destructive device, or other destructive substance in
415	415	21 a building or transportation facility;
416	416	22 (2) there has been or there will be tampering with a consumer
417	417	23 product introduced into commerce; or
418	418	24 (3) there has been or will be placed or introduced a weapon of
419	419	25 mass destruction in a building or a place of assembly;
420	420	26 knowing the report to be false, commits false reporting, a Level 6
421	421	27 felony.
422	422	28 (d) A person who:
423	423	29 (1) gives:
424	424	30 (A) a false report of the commission of a crime; or
425	425	31 (B) false information to a law enforcement officer that relates
426	426	32 to the commission of a crime;
427	427	33 knowing the report or information to be false;
428	428	34 (2) gives a false alarm of fire to the fire department of a
429	429	35 governmental entity, knowing the alarm to be false;
430	430	36 (3) makes a false request for ambulance service to an ambulance
431	431	37 service provider, knowing the request to be false;
432	432	38 (4) gives a false report concerning a missing child (as defined in
433	433	39 IC 10-13-5-4), missing veteran at risk (as defined in
434	434	40 IC 12-7-2-197.3), or missing endangered adult (as defined in
435	435	41 IC 12-7-2-131.3) or gives false information to a law enforcement
436	436	42 officer or a governmental entity that relates to a missing child,
437	437	2025 IN 1653—LS 7207/DI 144 11
438	438	1 missing veteran at risk, or missing endangered adult knowing the
439	439	2 report or information to be false;
440	440	3 (5) makes a complaint against a law enforcement officer to the
441	441	4 state or municipality (as defined in IC 8-1-13-3(b)) that employs
442	442	5 the officer:
443	443	6 (A) alleging the officer engaged in misconduct while
444	444	7 performing the officer's duties; and
445	445	8 (B) knowing the complaint to be false;
446	446	9 (6) makes a false report of a missing person, knowing the report
447	447	10 or information is false; or
448	448	11 (7) gives a false report of actions, behavior, or conditions
449	449	12 concerning:
450	450	13 (A) a septic tank soil absorption system under IC 8-1-2-125 or
451	451	14 IC 13-26-5-2.5; or
452	452	15 (B) a septic tank soil absorption system or constructed wetland
453	453	16 septic system under IC 36-9-23-30.1;
454	454	17 knowing the report or information to be false; or
455	455	18 (8) makes a false report that a person is dangerous (as defined in
456	456	19 IC 35-47-14-1) knowing the report or information to be false;
457	457	20 commits false informing, a Class B misdemeanor except as provided
458	458	21 in subsection (e).
459	459	22 (e) The offense described in subsection (d) is
460	460	23 (1) a Class A misdemeanor if it
461	461	24 (A) substantially hinders any law enforcement process or
462	462	25 (B) results in harm to another person. or
463	463	26 (C) is committed under subsection (d)(8);
464	464	27 (2) a Level 6 felony if it:
465	465	28 (A) is committed under subsection (d)(8); and
466	466	29 (B) either:
467	467	30 (i) substantially hinders any law enforcement process; or
468	468	31 (ii) results in harm to another person; and
469	469	32 (3) a Level 5 felony if it is committed under subsection (d)(8) and
470	470	33 results in serious bodily injury or death to another person.
471	471	34 SECTION 8. IC 35-47-1-7, AS AMENDED BY P.L.289-2019,
472	472	35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
473	473	36 JULY 1, 2025]: Sec. 7. "Proper person" means a person who:
474	474	37 (1) does not have a conviction for resisting law enforcement
475	475	38 under IC 35-44.1-3-1 within five (5) years before the person
476	476	39 applies for a license or permit under this chapter;
477	477	40 (2) does not have a conviction for a crime for which the person
478	478	41 could have been sentenced for more than one (1) year;
479	479	42 (3) does not have a conviction for a crime of domestic violence
480	480	2025 IN 1653—LS 7207/DI 144 12
481	481	1 (as defined in IC 35-31.5-2-78), unless a court has restored the
482	482	2 person's right to possess a firearm under IC 35-47-4-7;
483	483	3 (4) is not prohibited by a court order from possessing a handgun;
484	484	4 (5) does not have a record of being an alcohol or drug abuser as
485	485	5 defined in this chapter;
486	486	6 (6) does not have documented evidence which would give rise to
487	487	7 a reasonable belief that the person has a propensity for violent or
488	488	8 emotionally unstable conduct;
489	489	9 (7) does not make a false statement of material fact on the
490	490	10 person's application;
491	491	11 (8) does not have a conviction for any crime involving an inability
492	492	12 to safely handle a handgun;
493	493	13 (9) does not have a conviction for violation of the provisions of
494	494	14 this article within five (5) years of the person's application;
495	495	15 (10) does not have an adjudication as a delinquent child for an act
496	496	16 that would be a felony if committed by an adult, if the person
497	497	17 applying for a license or permit under this chapter is less than
498	498	18 twenty-three (23) years of age;
499	499	19 (11) has not been involuntarily committed, other than a temporary
500	500	20 commitment for observation or evaluation, to a mental institution
501	501	21 by a court, board, commission, or other lawful authority;
502	502	22 (12) has not been the subject of a:
503	503	23 (A) ninety (90) day commitment as a result of proceeding
504	504	24 under IC 12-26-6; or
505	505	25 (B) regular commitment under IC 12-26-7; or
506	506	26 (13) has not been found by a court to be mentally incompetent,
507	507	27 including being found:
508	508	28 (A) not guilty by reason of insanity;
509	509	29 (B) guilty but mentally ill; or
510	510	30 (C) incompetent to stand trial. or
511	511	31 (14) is not currently designated as dangerous (as defined in
512	512	32 IC 35-47-14-1) by a court following a hearing under
513	513	33 IC 35-47-14-6.
514	514	34 SECTION 9. IC 35-47-2-1.5, AS ADDED BY P.L.175-2022,
515	515	35 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
516	516	36 JULY 1, 2025]: Sec. 1.5. (a) The following terms are defined for this
517	517	37 section:
518	518	38 (1) "Adjudicated a mental defective" means a determination by a
519	519	39 court that a person:
520	520	40 (A) presents a danger to the person or to others; or
521	521	41 (B) lacks the mental capacity necessary to contract or manage
522	522	42 the person's affairs.
523	523	2025 IN 1653—LS 7207/DI 144 13
524	524	1 The term includes a finding of insanity by a court in a criminal
525	525	2 proceeding.
526	526	3 (2) "Alien" means any person who is not lawfully in the United
527	527	4 States. The term includes:
528	528	5 (A) any person who has:
529	529	6 (i) entered the United States without inspection and
530	530	7 authorization by an immigration officer; and
531	531	8 (ii) not been paroled into the United States under the federal
532	532	9 Immigration and Nationality Act;
533	533	10 (B) a nonimmigrant:
534	534	11 (i) whose authorized period of stay has expired; or
535	535	12 (ii) who has violated the terms of the nonimmigrant category
536	536	13 under which the person was admitted;
537	537	14 (C) a person paroled under the federal Immigration and
538	538	15 Nationality Act whose period of parole has:
539	539	16 (i) expired; or
540	540	17 (ii) been terminated; and
541	541	18 (D) a person subject to an order:
542	542	19 (i) of deportation, exclusion, or removal; or
543	543	20 (ii) to depart the United States voluntarily;
544	544	21 regardless of whether or not the person has left the United
545	545	22 States.
546	546	23 (3) "Committed to a mental institution" means the formal
547	547	24 commitment of a person to a mental institution by a court. The
548	548	25 term includes:
549	549	26 (A) a commitment for:
550	550	27 (i) a cognitive or mental defect; or
551	551	28 (ii) a mental illness; and
552	552	29 (B) involuntary commitments.
553	553	30 The term does not include voluntary commitments or a
554	554	31 commitment made for observational purposes.
555	555	32 (4) "Crime of domestic violence" has the meaning set forth in
556	556	33 IC 35-31.5-2-78.
557	557	34 (5) "Dangerous" has the meaning set forth in IC 35-47-14-1.
558	558	35 (6) (5) "Fugitive from justice" means any person who:
559	559	36 (A) flees or leaves from any state to avoid prosecution for a
560	560	37 felony or misdemeanor offense; or
561	561	38 (B) flees or leaves any state to avoid testifying in a criminal
562	562	39 proceeding.
563	563	40 (7) (6) "Indictment" means any formal accusation of a crime made
564	564	41 by a prosecuting attorney in any court for a crime punishable by
565	565	42 a term of imprisonment exceeding one (1) year.
566	566	2025 IN 1653—LS 7207/DI 144 14
567	567	1 (8) (7) A crime or offense "punishable by a term of imprisonment
568	568	2 exceeding one (1) year" does not include a federal or state crime
569	569	3 or offense pertaining to antitrust violations, unfair trade practices,
570	570	4 restraints of trade, or other similar offenses relating to the
571	571	5 regulation of business practices.
572	572	6 (b) Except as provided in subsections subsection (c), and (d), the
573	573	7 following persons may not knowingly or intentionally carry a handgun:
574	574	8 (1) A person convicted of a federal or state offense punishable by
575	575	9 a term of imprisonment exceeding one (1) year.
576	576	10 (2) A fugitive from justice.
577	577	11 (3) An alien.
578	578	12 (4) A person convicted of:
579	579	13 (A) a crime of domestic violence (IC 35-31.5-2-78);
580	580	14 (B) domestic battery (IC 35-42-2-1.3); or
581	581	15 (C) criminal stalking (IC 35-45-10-5).
582	582	16 (5) A person restrained by an order of protection issued under
583	583	17 IC 34-26-5.
584	584	18 (6) A person under indictment.
585	585	19 (7) A person who has been:
586	586	20 (A) adjudicated dangerous under IC 35-47-14-6;
587	587	21 (B) (A) adjudicated a mental defective; or
588	588	22 (C) (B) committed to a mental institution.
589	589	23 (8) A person dishonorably discharged from:
590	590	24 (A) military service; or
591	591	25 (B) the National Guard.
592	592	26 (9) A person who renounces the person's United States citizenship
593	593	27 in the manner described in 8 U.S.C. 1481.
594	594	28 (10) A person who is less than:
595	595	29 (A) eighteen (18) years of age; or
596	596	30 (B) twenty-three (23) years of age and has an adjudication as
597	597	31 a delinquent child for an act described by IC 35-47-4-5;
598	598	32 unless authorized under IC 35-47-10.
599	599	33 (c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person if
600	600	34 a court has restored the person's right to possess a firearm under
601	601	35 IC 35-47-4-7.
602	602	36 (d) A person who has:
603	603	37 (1) been adjudicated dangerous under IC 35-47-14-6; and
604	604	38 (2) successfully petitioned for the return of a firearm under
605	605	39 IC 35-47-14-8 with respect to the adjudication under subdivision
606	606	40 (1);
607	607	41 is not prohibited from carrying a handgun under subsection (b) on the
608	608	42 basis that the person was adjudicated dangerous under subdivision (1).
609	609	2025 IN 1653—LS 7207/DI 144 15
610	610	1 However, the person may still be prohibited from carrying a handgun
611	611	2 on one (1) or more of the other grounds listed in subsection (b).
612	612	3 (e) (d) A person who violates this section commits unlawful
613	613	4 carrying of a handgun, a Class A misdemeanor. However, the offense
614	614	5 is a Level 5 felony if:
615	615	6 (1) the offense is committed:
616	616	7 (A) on or in school property;
617	617	8 (B) within five hundred (500) feet of school property; or
618	618	9 (C) on a school bus; or
619	619	10 (2) the person:
620	620	11 (A) has a prior conviction of any offense under:
621	621	12 (i) this section;
622	622	13 (ii) section 1 of this chapter (carrying a handgun without a
623	623	14 license) (before its repeal); or
624	624	15 (iii) section 22 of this chapter; or
625	625	16 (B) has been convicted of a felony within fifteen (15) years
626	626	17 before the date of the offense.
627	627	18 SECTION 10. IC 35-47-4-6.5 IS REPEALED [EFFECTIVE JULY
628	628	19 1, 2025]. Sec. 6.5. A person who:
629	629	20 (1) has been found to be dangerous by a circuit or superior court
630	630	21 having jurisdiction over the person following a hearing under
631	631	22 IC 35-47-14-6; and
632	632	23 (2) knowingly or intentionally:
633	633	24 (A) rents;
634	634	25 (B) purchases;
635	635	26 (C) receives transfer of;
636	636	27 (D) owns; or
637	637	28 (E) possesses;
638	638	29 a firearm commits unlawful possession of a firearm by a dangerous
639	639	30 person, a Class A misdemeanor.
640	640	31 SECTION 11. IC 35-47-4-6.7 IS REPEALED [EFFECTIVE JULY
641	641	32 1, 2025]. Sec. 6.7. A person who knowingly or intentionally rents,
642	642	33 transfers, sells, or offers for sale a firearm to another person who the
643	643	34 person knows to be found dangerous by a circuit or superior court
644	644	35 following a hearing under IC 35-47-14-6 commits unlawful transfer of
645	645	36 a firearm to a dangerous person, a Level 5 felony.
646	646	37 SECTION 12. IC 35-47-14-1 IS REPEALED [EFFECTIVE JULY
647	647	38 1, 2025]. Sec. 1. (a) For the purposes of this chapter, an individual is
648	648	39 "dangerous" if:
649	649	40 (1) the individual presents an imminent risk of personal injury to
650	650	41 the individual or to another individual; or
651	651	42 (2) it is probable that the individual will present a risk of personal
652	652	2025 IN 1653—LS 7207/DI 144 16
653	653	1 injury to the individual or to another individual in the future and
654	654	2 the individual:
655	655	3 (A) has a mental illness (as defined in IC 12-7-2-130) that may
656	656	4 be controlled by medication, and has not demonstrated a
657	657	5 pattern of voluntarily and consistently taking the individual's
658	658	6 medication while not under supervision; or
659	659	7 (B) is the subject of documented evidence that would give rise
660	660	8 to a reasonable belief that the individual has a propensity for
661	661	9 violent or suicidal conduct.
662	662	10 (b) The fact that an individual has been released from a mental
663	663	11 health facility or has a mental illness that is currently controlled by
664	664	12 medication does not establish that the individual is dangerous for the
665	665	13 purposes of this chapter.
666	666	14 SECTION 13. IC 35-47-14-1.5, AS ADDED BY P.L.289-2019,
667	667	15 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
668	668	16 JULY 1, 2025]: Sec. 1.5. For the purposes of this chapter, an individual
669	669	17 is a "responsible third party" if:
670	670	18 (1) the individual does not cohabitate with the person found to be
671	671	19 dangerous (as defined in section 1 of this chapter before its
672	672	20 repeal) in the hearing conducted under section 6 of this chapter
673	673	21 (before its repeal);
674	674	22 (2) the individual is a proper person (as defined under
675	675	23 IC 35-47-1-7) who may lawfully possess a firearm; and
676	676	24 (3) the individual is willing to enter into a written court agreement
677	677	25 to accept the transfer of the firearm as a responsible third party
678	678	26 under section 10 of this chapter.
679	679	27 SECTION 14. IC 35-47-14-2 IS REPEALED [EFFECTIVE JULY
680	680	28 1, 2025]. Sec. 2. (a) A circuit or superior court may issue a warrant to
681	681	29 search for and seize a firearm in the possession of an individual who is
682	682	30 dangerous if:
683	683	31 (1) a law enforcement officer provides the court a sworn affidavit
684	684	32 that:
685	685	33 (A) states why the law enforcement officer believes that the
686	686	34 individual is dangerous and in possession of a firearm; and
687	687	35 (B) describes the law enforcement officer's interactions and
688	688	36 conversations with:
689	689	37 (i) the individual who is alleged to be dangerous; or
690	690	38 (ii) another individual, if the law enforcement officer
691	691	39 believes that information obtained from this individual is
692	692	40 credible and reliable;
693	693	41 that have led the law enforcement officer to believe that the
694	694	42 individual is dangerous and in possession of a firearm;
695	695	2025 IN 1653—LS 7207/DI 144 17
696	696	1 (2) the affidavit specifically describes the location of the firearm;
697	697	2 and
698	698	3 (3) the circuit or superior court determines that probable cause
699	699	4 exists to believe that the individual is:
700	700	5 (A) dangerous; and
701	701	6 (B) in possession of a firearm.
702	702	7 (b) A law enforcement agency responsible for the seizure of the
703	703	8 firearm under this section shall file a search warrant return with the
704	704	9 court setting forth the:
705	705	10 (1) quantity; and
706	706	11 (2) type;
707	707	12 of each firearm seized from an individual under this section. Beginning
708	708	13 July 1, 2021, the court shall provide information described under this
709	709	14 subsection to the office of judicial administration in a manner required
710	710	15 by the office.
711	711	16 SECTION 15. IC 35-47-14-3 IS REPEALED [EFFECTIVE JULY
712	712	17 1, 2025]. Sec. 3. (a) If a law enforcement officer seizes a firearm from
713	713	18 an individual whom the law enforcement officer believes to be
714	714	19 dangerous without obtaining a warrant, the law enforcement officer
715	715	20 shall submit to the circuit or superior court having jurisdiction over the
716	716	21 individual believed to be dangerous an affidavit describing the basis for
717	717	22 the law enforcement officer's belief that the individual is dangerous.
718	718	23 (b) An affidavit described in subsection (a) shall:
719	719	24 (1) set forth the quantity and type of each firearm seized from the
720	720	25 individual under this section; and
721	721	26 (2) be submitted to a circuit or superior court having jurisdiction
722	722	27 over the individual believed to be dangerous not later than
723	723	28 forty-eight (48) hours after the seizure of the firearm.
724	724	29 (c) The court shall review the affidavit described in subsection (a)
725	725	30 as soon as possible.
726	726	31 (d) If the court finds that probable cause exists to believe that the
727	727	32 individual is dangerous, the court shall order the law enforcement
728	728	33 agency having custody of the firearm to retain the firearm. Beginning
729	729	34 July 1, 2021, the court shall provide information described under this
730	730	35 subsection and subsection (b)(1) to the office of judicial administration
731	731	36 in a manner required by the office.
732	732	37 (e) If the court finds that there is no probable cause to believe that
733	733	38 the individual is dangerous, the court shall order the law enforcement
734	734	39 agency having custody of the firearm to return the firearm to the
735	735	40 individual as quickly as practicable, but not later than five (5) days
736	736	41 after the date of the order.
737	737	42 SECTION 16. IC 35-47-14-4 IS REPEALED [EFFECTIVE JULY
738	738	2025 IN 1653—LS 7207/DI 144 18
739	739	1 1, 2025]. Sec. 4. If a court issued a warrant to seize a firearm under this
740	740	2 chapter, the law enforcement officer who served the warrant shall, not
741	741	3 later than forty-eight (48) hours after the warrant was served, file a
742	742	4 return with the court that:
743	743	5 (1) states that the warrant was served; and
744	744	6 (2) sets forth:
745	745	7 (A) the time and date on which the warrant was served;
746	746	8 (B) the name and address of the individual named in the
747	747	9 warrant; and
748	748	10 (C) the quantity and identity of any firearms seized by the law
749	749	11 enforcement officer.
750	750	12 SECTION 17. IC 35-47-14-5 IS REPEALED [EFFECTIVE JULY
751	751	13 1, 2025]. Sec. 5. (a) After the filing of a search warrant return under
752	752	14 section 2 of this chapter or the filing of an affidavit under section 3 of
753	753	15 this chapter, the court shall conduct a hearing.
754	754	16 (b) The court shall make a good faith effort to conduct the hearing
755	755	17 not later than fourteen (14) days after the filing of a search warrant
756	756	18 return under section 2 of this chapter or the filing of an affidavit under
757	757	19 section 3 of this chapter. If the hearing cannot be conducted within
758	758	20 fourteen (14) days after the filing of the search warrant return or
759	759	21 affidavit, the court shall conduct the hearing as soon as possible.
760	760	22 However, a request for a continuance of the hearing described in this
761	761	23 subsection for a period of not more than sixty (60) days from the
762	762	24 individual from whom the firearm was seized shall be liberally granted.
763	763	25 The court shall inform:
764	764	26 (1) the prosecuting attorney; and
765	765	27 (2) the individual from whom the firearm was seized;
766	766	28 of the date, time, and location of the hearing. The court may conduct
767	767	29 the hearing at a facility or other suitable place not likely to have a
768	768	30 harmful effect upon the individual's health or well-being.
769	769	31 SECTION 18. IC 35-47-14-6 IS REPEALED [EFFECTIVE JULY
770	770	32 1, 2025]. Sec. 6. (a) The court shall conduct a hearing as required under
771	771	33 this chapter.
772	772	34 (b) The state has the burden of proving all material facts by clear
773	773	35 and convincing evidence.
774	774	36 (c) If the court determines that the state has proved by clear and
775	775	37 convincing evidence that the individual is dangerous, the court shall
776	776	38 issue a written order:
777	777	39 (1) finding the individual is dangerous (as defined in section 1 of
778	778	40 this chapter);
779	779	41 (2) ordering the law enforcement agency having custody of the
780	780	42 seized firearm to retain the firearm;
781	781	2025 IN 1653—LS 7207/DI 144 19
782	782	1 (3) ordering the individual's license to carry a handgun, if
783	783	2 applicable, suspended; and
784	784	3 (4) enjoining the individual from:
785	785	4 (A) renting;
786	786	5 (B) receiving transfer of;
787	787	6 (C) owning; or
788	788	7 (D) possessing;
789	789	8 a firearm; and
790	790	9 determine whether the individual should be referred to further
791	791	10 proceedings to consider whether the individual should be involuntarily
792	792	11 detained or committed under IC 12-26-6-2(a)(2)(B).
793	793	12 (d) If the court finds that the individual is dangerous under
794	794	13 subsection (c), the clerk shall transmit the order of the court to the
795	795	14 office of judicial administration:
796	796	15 (1) for transmission to NICS (as defined in IC 35-47-2.5-2.5); and
797	797	16 (2) beginning July 1, 2021, for the collection of certain data
798	798	17 related to the confiscation and retention of firearms taken from
799	799	18 dangerous individuals;
800	800	19 in accordance with IC 33-24-6-3.
801	801	20 (e) If the court orders a law enforcement agency to retain a firearm,
802	802	21 the law enforcement agency shall retain the firearm until the court
803	803	22 orders the firearm returned or otherwise disposed of.
804	804	23 (f) If the court determines that the state has failed to prove by clear
805	805	24 and convincing evidence that the individual is dangerous, the court
806	806	25 shall issue a written order that:
807	807	26 (1) the individual is not dangerous (as defined in section 1 of this
808	808	27 chapter); and
809	809	28 (2) the law enforcement agency having custody of the firearm
810	810	29 shall return the firearm as quickly as practicable, but not later
811	811	30 than five (5) days after the date of the order, to the individual
812	812	31 from whom it was seized.
813	813	32 SECTION 19. IC 35-47-14-7 IS REPEALED [EFFECTIVE JULY
814	814	33 1, 2025]. Sec. 7. If the court, in a hearing conducted under section 5 of
815	815	34 this chapter, determines that:
816	816	35 (1) the individual from whom a firearm was seized is dangerous;
817	817	36 and
818	818	37 (2) the firearm seized from the individual is owned by another
819	819	38 individual;
820	820	39 the court may order the law enforcement agency having custody of the
821	821	40 firearm to return the firearm to the owner of the firearm.
822	822	41 SECTION 20. IC 35-47-14-8, AS AMENDED BY P.L.142-2020,
823	823	42 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
824	824	2025 IN 1653—LS 7207/DI 144 20
825	825	1 JULY 1, 2025]: Sec. 8. (a) If a court ordered a law enforcement
826	826	2 agency to retain a firearm under section 3 or 6 of this chapter
827	827	3 (before their repeal), the law enforcement agency shall retain the
828	828	4 firearm until the court orders the firearm returned or otherwise
829	829	5 disposed of.
830	830	6 (a) (b) At least one hundred eighty (180) days After the date on
831	831	7 which a court orders a law enforcement agency to retain an individual's
832	832	8 firearm under section 6(c) of this chapter (before its repeal), the
833	833	9 individual may petition the court for a finding that the individual is no
834	834	10 longer dangerous.
835	835	11 (b) (c) Upon receipt of a petition described in subsection (a), (b), the
836	836	12 court shall:
837	837	13 (1) enter an order setting a date for a hearing on the petition; and
838	838	14 (2) inform the prosecuting attorney of the date, time, and location
839	839	15 of the hearing.
840	840	16 (c) (d) The prosecuting attorney shall represent the state at the
841	841	17 hearing on a petition under this section.
842	842	18 (d) (e) In a hearing on a petition under this section, the individual
843	843	19 may be represented by an attorney.
844	844	20 (e) (f) In a hearing on a petition under this section, filed:
845	845	21 (1) not later than one (1) year after the date of the order issued
846	846	22 under section 6(c) of this chapter, the individual must prove by a
847	847	23 preponderance of the evidence that the individual is no longer
848	848	24 dangerous; and
849	849	25 (2) later than one (1) year after the date of the order issued under
850	850	26 section 6(c) of this chapter, the state must prove by clear and
851	851	27 convincing evidence that the individual is still dangerous.
852	852	28 otherwise prohibited by law from possessing a firearm.
853	853	29 (f) (g) If, upon the completion of the hearing and consideration of
854	854	30 the record, the court finds that the individual is no longer dangerous,
855	855	31 not otherwise prohibited by law from possessing a firearm, the
856	856	32 court shall:
857	857	33 (1) issue a court order that finds that the individual is no longer
858	858	34 dangerous;
859	859	35 (2) order the law enforcement agency having custody of any
860	860	36 firearm to return the firearm as quickly as practicable, but not
861	861	37 later than five (5) days after the date of the order, to the
862	862	38 individual;
863	863	39 (3) terminate any injunction issued under section 6 of this chapter
864	864	40 (before its repeal); and
865	865	41 (4) terminate the suspension of the individual's license to carry a
866	866	42 handgun so that the individual may reapply for a license.
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868	868	1 (g) (h) If the court denies an individual's petition under this section,
869	869	2 the individual may not file a subsequent petition until at least one
870	870	3 hundred eighty (180) days after the date on which the court denied the
871	871	4 petition.
872	872	5 (h) (i) If a court issues an order described under subsection (f), (g),
873	873	6 the court's order shall be transmitted, as soon as practicable, to the
874	874	7 office of judicial administration for transmission to the NICS (as
875	875	8 defined in IC 35-47-2.5-2.5). and, beginning July 1, 2021, for the
876	876	9 collection of certain data related to the confiscation and retention of
877	877	10 firearms taken from dangerous individuals in accordance with
878	878	11 IC 33-24-6-3.
879	879	12 SECTION 21. IC 35-47-14-10, AS AMENDED BY P.L.289-2019,
880	880	13 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
881	881	14 JULY 1, 2025]: Sec. 10. (a) If a court has ordered a law enforcement
882	882	15 agency to retain an individual's firearm under section 6 of this chapter
883	883	16 (before its repeal), the individual or the rightful owner of the firearm,
884	884	17 as applicable, may petition the court to order the law enforcement
885	885	18 agency to:
886	886	19 (1) transfer the firearm to a responsible third party as described
887	887	20 under section 1.5 of this chapter;
888	888	21 (2) transfer the firearm to an individual who possesses a valid
889	889	22 federal firearms license issued under 18 U.S.C. 923 for storage or
890	890	23 an eventual lawful sale whose terms are mutually agreed upon
891	891	24 between the licensee and the individual or rightful owner, as
892	892	25 applicable; or
893	893	26 (3) sell the firearm at auction under IC 35-47-3-2 and return the
894	894	27 proceeds to the individual or the rightful owner of the firearm, as
895	895	28 applicable.
896	896	29 The responsible third party who accepts transfer of the firearm from the
897	897	30 law enforcement agency under a court order under this section shall
898	898	31 enter into a written court agreement that obligates the responsible third
899	899	32 party to the reasonable care and storage of the firearm, including not
900	900	33 providing access or transferring the firearm to the individual found to
901	901	34 be dangerous (as defined in section 1 of this chapter before its
902	902	35 repeal) in a hearing under section 6 of this chapter (before its repeal).
903	903	36 (b) An individual or rightful owner of the firearm may petition the
904	904	37 court as described in subsection (a):
905	905	38 (1) at the hearing described in section 6 or 9 of this chapter; or
906	906	39 (2) at any time before the hearing described in section 6 or 9 of
907	907	40 this chapter is held.
908	908	41 (c) If an individual or rightful owner timely requests a sale or
909	909	42 transfer of a firearm under subsection (a), the court shall order the law
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911	911	1 enforcement agency having custody of the firearm to transfer the
912	912	2 firearm or sell the firearm at auction under IC 35-47-3-2, unless:
913	913	3 (1) the serial number of the firearm has been obliterated;
914	914	4 (2) the transfer of the firearm would be unlawful; or
915	915	5 (3) the requirements of subsection (a) have not been met.
916	916	6 (d) If the court issues an order under subsection (c), the court's order
917	917	7 must require:
918	918	8 (1) that the firearm be sold not more than one (1) year after
919	919	9 receipt of the order; and
920	920	10 (2) that the proceeds of the sale be returned to the individual or
921	921	11 rightful owner of the firearm.
922	922	12 (e) A law enforcement agency may retain not more than eight
923	923	13 percent (8%) of the sale price to pay the costs of the sale, including
924	924	14 administrative costs and the auctioneer's fee.
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