Version b
Firearm retention hearing; 14 day period; notice
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. 5. (a) Not later than fourteen (14) days after a return is filed
under section 4 of this chapter, or a written statement is filed under
section 3 of this chapter, the court shall conduct a hearing to
determine whether the seized firearm should be:
(1) returned to the person from whom the firearm was seized;
or
(2) retained by the law enforcement agency having custody of
the firearm.
(b) The court shall set the hearing date as soon as possible after
the return is filed under section 4 of this chapter. The court shall
inform the:
(1) prosecuting attorney; and
(2) person from whom the firearm was seized;
of the date, time, and location of the hearing. The court may conduct
the hearing at a facility or other suitable place not likely to have a
harmful effect upon the person's health or well-being.
As added by P.L.187-2005, SEC.4.
Last modified: May 24, 2006