Indiana
Risk Warrant/Jake Laird Law
Indiana’s extreme risk law is named for a law enforcement officer – Jake Laird – who was shot and killed while responding to a call of a man walking in a neighborhood street with a rifle in August 2004. An investigation determined that earlier in the year, the shooter had been emergently detained and his firearms seized, but his firearms were subsequently returned to him because the law enforcement agency did not have the authority to hold them.1 The law was passed in 2005 by a near-unanimous vote in the state Senate and a unanimous vote in the state House. The law was amended in 2019 to clarify the process for judicial proceedings and again in 2025 to allow for expungement of public records when certain conditions are met.
Under Indiana’s risk warrant law, a law enforcement officer may seize firearms from a person who poses a danger of injury to self or others.2
Law enforcement officers may seize firearms with a warrant that is served within 48 hours, or without a warrant during the normal course of law enforcement duties, but with later court approval.3 Officers seeking a warrant or wishing to retain firearms after seizure without a warrant must submit an affidavit that describes the dangerous person and their behaviors to the circuit or superior court.4 A court hearing is held within 14 days following the seizure where a judge determines if the individual subject to the warrant is dangerous and whether law enforcement agency may continue to hold the firearms or if they must be returned to the individual. If the judge rules against the individual,5 they may petition every 180 days for a finding that the individual is no longer dangerous to have their firearms returned.6
Indiana’s risk warrant law includes a hearing where the respondent is provided notice and an opportunity to participate; the respondent’s right to counsel (at no expense to the government); and the requirement of substantial and credible evidence when law enforcement intends to retain custody of the firearms.
As of July 1, 2025, the court is required to seal and expunge a person’s JLL records if they are not found dangerous in the initial proceedings. The court may also seal and expunge JLL records from someone who was subject to the JLL but was subsequently adjudicated as no longer “dangerous.” In both cases, these records are available to law enforcement working in an official capacity. If someone was previously the respondent in a JLL case and adjudicated prior to July 1, 2025 as being no longer “dangerous,” they also have the opportunity to file a motion to have the records sealed and expunged. 7
1 Remembering Jake Laird, the officer whose death inspired Indiana’s ‘red flag’ law, IndyStar
2 Law enforcement may seize firearms from an individual who is “dangerous.” An individual is “dangerous” if (1) they pose an imminent risk of personal injury to self or others, or (2) it is probable the individual will present a risk of personal injury to self or others in the future and they (a) have a mental illness that may be controlled by medication, and has not demonstrated a pattern of voluntarily and consistently taking medication while not under supervision, or (b) there is a reasonable belief that the individual has a propensity for violent or suicidal conduct. Ind. Code § 35-47-14-1(a).
3 Burns Ind. Code Ann. § 35-47-14-3
4 Burns Ind. Code Ann. § 35-47-14-2
5 Burns Ind. Code Ann. § 35-47-14-6
6 Burns Ind. Code Ann. § 35-47-14-8
7 Burns Ind. Code Ann. § 35-47-14-6
