Sec. 5. (a) After the filing of a search warrant return under section 2 of this chapter or the filing of an affidavit under section 3 of this chapter, the court shall conduct a hearing.
(b) The court shall make a good faith effort to conduct the hearing not later than fourteen (14) days after the filing of a search warrant return under section 2 of this chapter or the filing of an affidavit under section 3 of this chapter. If the hearing cannot be conducted within fourteen (14) days after the filing of the search warrant return or affidavit, the court shall conduct the hearing as soon as possible. However, a request for a continuance of the hearing described in this subsection for a period of not more than sixty (60) days from the individual from whom the firearm was seized shall be liberally granted. The court shall inform:
(1) the prosecuting attorney; and
(2) the individual 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 individual's health or well-being.
As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.10.
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