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IN HB1049
Bill
Status
1/3/2019
Primary Sponsor
Carolyn Jackson
Click for details
AI Summary
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Persons convicted of domestic battery or a crime of domestic violence who knowingly possess a firearm commit "possession of a firearm by a domestic batterer," a Class A misdemeanor.
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Courts must issue a written order upon conviction for domestic violence that prohibits firearm ownership, requires surrender of all firearms and handgun licenses, and orders law enforcement to confiscate these items within 72 hours.
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Failing to surrender firearms or handgun licenses after a domestic violence conviction constitutes "unlawful retention of a firearm or license by a domestic batterer," a Class A misdemeanor that elevates to a Level 6 felony for repeat offenses.
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Convicted individuals may petition for restoration of firearm rights no earlier than 5 years after conviction, with courts considering factors such as protective orders, substance abuse treatment completion, and ongoing threat to the victim.
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Confiscated firearms must be returned to rightful owners or disposed of according to IC 35-47-3 if rights are restored, and licenses must be made available within 72 hours of restoration.
Legislative Description
Surrender of firearms for domestic violence crimes. Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.
Last Action
Representative Smith, V. added as coauthor
1/24/2019