2017 Indiana Code
TITLE 35. Criminal Law and Procedure
ARTICLE 47. WEAPONS AND INSTRUMENTS OF VIOLENCE
CHAPTER 14. Proceedings for the Seizure and Retention of a Firearm
35-47-14-8. Petition for return of a firearm
Sec. 8. (a) At least one hundred eighty (180) days after the date on which a court orders a law enforcement agency to retain an individual's firearm under section 6(b) of this chapter, the individual may petition the court for return of the firearm.
(b) Upon receipt of a petition described in subsection (a), the court shall:
(1) enter an order setting a date for a hearing on the petition; and
(2) inform the prosecuting attorney of the date, time, and location of the hearing.
(c) The prosecuting attorney shall represent the state at the hearing on a petition under this section.
(d) In a hearing on a petition under this section, the individual:
(1) may be represented by an attorney; and
(2) must prove by a preponderance of the evidence that the individual is not dangerous.
(e) If, upon the completion of the hearing and consideration of the record, the court finds that the individual is not dangerous, the court shall order the law enforcement agency having custody of the firearm to return the firearm to the individual.
(f) If the court denies an individual's petition under this section, the individual may not file a subsequent petition until at least one hundred eighty (180) days after the date on which the court denied the petition.
As added by P.L.1-2006, SEC.537.
