CRIMINAL LAWAND PROCEDURE
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(b) Upon receipt of a petition described in
subsection (a), the court shall:
(1) enter an order setting a date for a hear-
ing on the petition; and
(2) inform the prosecuting attorney of the
date, time, and location of the hearing.
(c) The prosecuting attorney shall represent the
state at the hearing on a petition under this section.
(d) In a hearing on a petition 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 dan-
gerous.
(e) If, upon 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) day after the date on which the court
denied the petition.
35-47-14-9. Disposal of firearm after 5 years.
If at least five (5) years have passed since a
court conducted the first hearing to retain a firearm
under this chapter, the court, after giving notice to
the parties and conducting a hearing, may order
the law enforcement agency having custody of the
firearm to dispose of the firearm in accordance
with IC 35-47-3.
35-47-14-10. Sale of firearm.
(a) If a court has ordered a law enforcement
agency to retain an individual’s firearm under sec-
tion 6 of this chapter, the individual may request
the court to order the law enforcement agency to
sell the firearm at auction under IC 35-47-3-2
and return the proceeds to the individual.
(b) An individual may make the request
described in subsection (a):
(1) at the retention hearing described in
section 9 of this chapter; or
(2) at any time before the retention hear-
ing described in section 9 of this chapter
is held.
(c) If an individual timely requests a sale of a
firearm under subsection (a), the court shall order
the law enforcement agency having custody of the
firearm to sell the firearm at auction under IC
35-47-3-2, unless the serial number of the firearm
has been obliterated.
(d) If the court issues an order under subsec-
tion (c), the court’s order must require:
(1) that the firearm be sold not more than
one (1) year after receipt of the order; and
(2) that the proceeds of the sale be
returned to the individual who owns the
firearm. However, the law enforcement
agency may retain not more than eight
percent (8%) of the sale price to pay the
costs of the sale, including administrative
costs and the auctioneer’s fee.
Chapter 15. Retired Law Enforcement
Officers Identification for Carrying
Firearms.
35-47-15-1. “Firearm” defined.
35-47-15-2. “Law enforcement agency” defined.
35-47-15-3. “Law enforcement officer” defined.
35-47-15-4. Photo ID for retired officers.
35-47-15-5. Certification for carrying concealed firearm.
35-47-15-6. Immunity.
35-47-15-1. “Firearm” defined.
As used in this chapter, “firearm” has the
meaning set forth in 18 U.S.C. 926C(e).
35-47-15-2. “Law enforcement agency”
defined.
As used in this chapter, “law enforcement
agency” means an agency or department of:
(1) the state; or
(2) a political subdivision of the state;
whose principal function is the apprehension of
criminal offenders.
35-47-15-3. “Law enforcement officer”
defined.
As used in this chapter, “law enforcement
officer” has the meaning set forth in IC 35-31.5-
2-185. The term includes an arson investigator
employed by the office of the state fire marshal.
35-47-15-4. Photo ID for retired officers.
After June 30, 2005, all law enforcement agen-
cies shall issue annually to each person who has
retired from that agency as a law enforcement
