Version b
Firearm hearing; burden of proof; retention or return of firearm;
suspension of handgun license
Note: This version of section added by P.L.187-2005, SEC.4. See
also preceding version of this chapter added by P.L.140-2005,
SEC.9.
Sec. 6. (a) At a hearing conducted under section 5 of this chapter,
the state has the burden of proving all material facts by clear and
convincing evidence.
(b) If the court determines that the state has proved by clear and
convincing evidence that the person is dangerous, the court may
order that the law enforcement agency having custody of the seized
firearm retain the firearm. In addition, if the person has received a
license to carry a handgun, the court shall suspend the person's
license to carry a handgun. If the court determines that the state has
failed to prove that the person is dangerous, the court shall order the
law enforcement agency having custody of the firearm to return it to
the person from whom it was seized.
(c) If a court orders a law enforcement agency to retain a firearm,
the law enforcement agency shall retain the firearm until the court
orders the firearm returned or otherwise disposed of.
As added by P.L.187-2005, SEC.4.
Last modified: May 24, 2006