Indiana 
Ind. Code Ann. § 35-47-14-1

Who May Petition

LEO

Burden of proof for Emergency Order or Ex Parte Order

Probable cause that respondent presenets an imminent risk of personal injury to self or another; or it is probable that respondent will present a risk of personal injury to self or other in the future and respondent has a mental illness that can by controlled with medication and respondent has a pattern of refusing to take the medication; or, there is document evidence leading to a reasonable belief that the respondent has a propensity for violent or suicidal conduct.

Notice and Opportunity

No later that 14 days after search warrant return is filed a hearing is held to decide if LEA shall retain possession, and respondent be enjoined from owning or possessing firearm

Service

 

What is Prohibited?

Renting, receiving transfer of, owning, or possessing a firearm

Relinquish Firearms

 

Seizure by LEA

 

Burden of Proof at Hearing

State has burden of proving by clear and convincing evidence that respondent is dangerous as previously defined

Authority to Order Mental Health/Substance Abuse Evaluation

Court mus determine whether to refer respondent for further proceedings to determine if espondent should be. Involuntarily committed 

Entry into NICS

Entry into NICS and state database system by designated LEA

Duration of Order after Hearing

At least 180 days respondent may petition for return of firearms if they can prove by a preponderance of evidence they are no longer dangerous. Subsequent petitiions can be filed after 180 day intervals

Warrantless Arrest Permitted in Statute

 

Criminal Penalty

 Class A misdemeanor §35-47-4-6.5

Contempt Penalty

 

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