Indiana

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.

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.