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IN HB1651
Bill
Status
5/6/2019
Primary Sponsor
Donna Schaibley
Click for details
AI Summary
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Individuals found "dangerous" by a court are prohibited from obtaining a handgun license and from renting, purchasing, receiving, owning, or possessing firearms; violation is a Class A misdemeanor.
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Knowingly selling, transferring, or renting a firearm to someone found dangerous by a court constitutes a Level 5 felony.
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Law enforcement officers who seize firearms without a warrant must submit an affidavit to the court within 48 hours; courts must hold hearings within 14 days to determine dangerousness by clear and convincing evidence.
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Individuals found dangerous may petition the court to vacate that designation after 180 days; if filed within one year, the individual bears the burden of proof, but after one year, the state must prove the person remains dangerous.
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Seized firearms may be transferred to a "responsible third party" (someone who doesn't live with the dangerous person, can legally possess firearms, and agrees in writing to store them safely) or to a licensed dealer for storage or sale.
Legislative Description
Judicial evaluation of dangerous individuals and firearms. Provides that a judicial finding of dangerousness may be used to initiate temporary commitment proceedings. Provides that a dangerous person is not a proper person for the purpose of: (1) applying for; or (2) receiving; a license to carry a handgun. Provides that a dangerous person who knowingly or intentionally: (1) rents; (2) purchases; (3) receives transfer of; (4) owns; or (5) possesses; a firearm commits dangerous possession of a firearm, a Class A misdemeanor. Provides that a person who knowingly or intentionally: (1) rents; (2) transfers; (3) sells; or (4) offers for sale; a firearm to a person that a court has found to be dangerous or prohibited from owning or possessing a firearm commits dangerous transfer of a firearm, a Level 5 felony. Requires a law enforcement officer (officer) who seizes a firearm from a person believed to be dangerous without a warrant to provide an affidavit to a court with jurisdiction over the person at issue: (1) not later than 48 hours after the seizure or attempted seizure of the firearm; and (2) for each seizure or attempted seizure of a firearm from the person. Requires a court to order the retention of a seized firearm by a law enforcement agency if the court: (1) finds; or (2) has previously found; the person to be dangerous. Requires a court to determine if a person is dangerous by conducting a hearing. Provides that if a court finds that an individual is not dangerous or no longer dangerous, the court shall order the law enforcement agency having custody of the firearm confiscated, recovered, or seized from the individual to return the firearm to the individual as quickly as practicable, but not later than five days after the court's order. Provides that a dangerous person may petition a court for a court order vacating the person's designation as a dangerous individual 180 days after being found dangerous by a circuit or superior court. Defines "responsible third party". Requires a responsible third party to: (1) safely and responsibly care for and store a firearm that is entrusted to the third party; and (2) prevent dangerous persons from accessing any firearm entrusted to the third party. Makes conforming amendments.
Last Action
Public Law 289
5/6/2019