The House Courts and Criminal Code Committee heard Rep. Schaibley’s HB 1651 on seizure of firearms from dangerous individuals. The bill:
- Requires the Indiana criminal justice institute to track and record the following:
- The name of the law enforcement agency responsible for each confiscation of a firearm from a person adjudicated or believed to be dangerous.
- The number of warrant based and warrantless; firearm confiscations from dangerous persons by a law enforcement agency.
- The county, court of origin, and judge responsible for each written court order finding a person to be dangerous.
- The total number of: handguns, long guns, and NFA regulated firearms; confiscated from persons adjudicated or believed to be dangerous each year.
- Each appeal of or reversal of a written court order that finds a person to be dangerous.
- Provides that a dangerous person is not a proper person for the purpose of: (1) applying for; or (2) receiving; a license to carry a handgun. Provides that a dangerous person who knowingly or intentionally: (1) rents; (2) purchases; (3) receives transfer of; (4) owns; or (5) possesses; a firearm commits dangerous possession of a firearm, a Level 6 felony.
- Provides that a person who knowingly or intentionally rents, transfers, sells, or offers for sale; a firearm to a person that a court has found to be dangerous or prohibited from owning or possessing a firearm commits dangerous transfer of a firearm, a Level 5 felony.
- Requires a law enforcement officer (officer) who seizes a firearm from a person believed to be dangerous without a warrant to provide an affidavit to a court with jurisdiction over the person at issue:
- not later than 48 hours after the seizure or attempted seizure of the firearm; and
- for each seizure or attempted seizure of a firearm from the person. Requires a court to review the affidavit of an officer as soon as possible.
- Requires a court to order the retention of a seized firearm by a law enforcement agency if the court: (1) finds; or (2) has previously found; the person to be dangerous.
- Requires a court to determine if a person is dangerous by conducting a hearing after: (1) the receipt of an officer’s affidavit; or (2) authorizing a search warrant mandating the seizure of a firearm from a person believed to be dangerous.
- Requires a court to issue a written court order prohibiting a person from renting, buying, receiving transfer of, owning, or possessing a firearm after finding a person to be dangerous.
- Requires a court to provide certain information to the Office of Judicial Administration after issuing a finding concerning a person’s dangerousness.
- Requires a court to issue a written order finding that a person is not dangerous or no longer dangerous; in certain instances.
- Provides that a dangerous person may petition a court for a court order vacating the person’s designation as a dangerous individual 180 days after being found dangerous by a circuit or superior court. Specifies the process that a dangerous individual must follow when petitioning a court for the dissolution of a dangerous person designation.
- Provides that the authorized disposal or authorized sale of a firearm retained by a law enforcement agency does not alter or terminate a person’s designation as a dangerous individual, or constitute prima facie evidence that a person is not dangerous.
- Allows the rightful owner of a firearm to petition a court for an order mandating the disposal, or sale of a seized or retained firearm.
The bill was amended by consent to make certain technical corrections, replace “criminal justice institute” with “Office of Judicial Administration,” clarify that the hearing on dangerousness is contingent upon a police officer’s seizure of a firearm, and require the court finding a person dangerous to consider whether the person should be detained for involuntary commitment proceedings under Title 12.
An attorney, pediatrician, two citizens, and representatives from the Coalition Against Domestic Violence, Indiana Department of Education, and Hamilton County Prosecutor’s Office testified in support of the bill. The amended bill passed 12-0.
Read the bill here: http://iga.in.gov/legislative/2019/bills/house/1651