Sec. 1. (a) For the purposes of this chapter, an individual is "dangerous" if:
(1) the individual presents an imminent risk of personal injury to the individual or to another individual; or
(2) It is probable that the individual will present a risk of personal injury to the individual or to another individual in the future and the individual:
(A) has a mental illness (as defined in IC 12-7-2-130) that may be controlled by medication, and has not demonstrated a pattern of voluntarily and consistently taking the individual's medication while not under supervision; or
(B) is the subject of documented evidence that would give rise to a reasonable belief that the individual has a propensity for violent or suicidal conduct.
(b) The fact that an individual has been released from a mental health facility or has a mental illness that is currently controlled by medication does not establish that the individual is dangerous for the purposes of this chapter.
As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.6.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 47. Weapons and Instruments of Violence
Chapter 14. Proceedings for the Seizure and Retention of a Firearm
35-47-14-1.5. "Responsible Third Party"
35-47-14-2. Warrant to Search for Firearm in Possession of Dangerous Individual; Reporting
35-47-14-3. Warrantless Seizure of Firearm From Individual Believed to Be Dangerous; Reporting
35-47-14-4. Filing of Return After Warrant Is Served
35-47-14-5. Requirement of Hearing on Whether Firearm Should Be Returned or Retained
35-47-14-6. Burden of Proof at Hearing; Court Orders; Reporting
35-47-14-7. If Firearm Seized Is Owned by Another Individual
35-47-14-8. Petition for Return of a Firearm; Reporting
35-47-14-9. When Law Enforcement Agency May Be Ordered to Dispose of Firearm
35-47-14-10. Request to Sell or Transfer Retained Firearm
35-47-14-11. Effect of Sale or Transfer of Retained Firearm