2018 Indiana Code
TITLE 33. Courts and Court Officers
ARTICLE 23. GENERAL PROVISIONS
CHAPTER 15. NICS Appeals
33-23-15-2. Petition for review; evidence; findings by court or department of correction
Sec. 2. (a) If a person described in section 1 of this chapter:
(1) has been released from commitment; or
(2) successfully completes a treatment or rehabilitation program;
the person may petition the court (if the adjudication leading to the person's commitment, rehabilitation, or treatment program was from a court) or the department of correction (if the determination leading to the person's rehabilitation or treatment program was from a psychiatrist employed by or retained by the department of correction) to determine whether the person is prohibited from possessing a firearm because the person is not a proper person under IC 35-47-1-7(11) through IC 35-47-1-7(13).
(b) In determining whether the person is prohibited from possessing a firearm because the person is not a proper person under IC 35-47-1-7(11) through IC 35-47-1-7(13), the court or department of correction shall consider the following evidence:
(1) The facts and circumstances leading to the person being included in the category of persons to whom this chapter applies.
(2) The person's mental health and criminal history records.
(3) Evidence concerning the person's reputation, including the testimony of character witnesses.
(4) A recent mental health evaluation by a psychiatrist or psychologist licensed to practice in Indiana.
(c) If the court or the department of correction, after considering the evidence described in subsection (b), finds by clear and convincing evidence that:
(1) the person is not a danger to the person or to others;
(2) the person is not likely to act in a manner dangerous to public safety; and
(3) the requested relief would not be contrary to public interest;
the court or department of correction shall transmit its findings to the office of judicial administration, and any other information required by the office of judicial administration, for transmission to the NICS in accordance with IC 33-24-6-3.
(d) A determination under this section may be appealed only in accordance with section 3 of this chapter.
As added by P.L.110-2009, SEC.11. Amended by P.L.127-2011, SEC.2; P.L.161-2018, SEC.49.
