Version b
Petition for return of firearm; 180 day period; procedure; burden
of proof; new filing
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. 8. (a) At least one hundred eighty (180) days after the date a
court orders a law enforcement agency to retain an individual's
firearm under section 6 of this chapter, the individual may petition
the court for return of the firearm.
(b) Upon receipt of the petition described in subsection (a), the
court shall:
(1) enter an order setting a hearing date; and
(2) inform the prosecuting attorney of the date, time, and
location of the hearing.
(c) The prosecuting attorney represents the state at the hearing.
(d) In a hearing 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.187-2005, SEC.4.
Last modified: May 24, 2006