Bill Text: IN HB1318 | 2011 | Regular Session | Enrolled
Bill Title: National fingerprint based criminal history checks.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1318 Detail]
Download: Indiana-2011-HB1318-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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AN ACT to amend the Indiana Code concerning public safety.
(1) the submission of fingerprints of the individual making the request; and
(2) the payment of a fifteen dollar ($15) fee.
(1) has been released from commitment; or
(2) successfully completes a treatment or rehabilitation program;
the person may petition the court (if the adjudication leading to the person's commitment, rehabilitation, or treatment program was from a court) or the department of correction (if the determination leading to the person's rehabilitation or treatment program was from a psychiatrist employed by or retained by the department of correction) to determine
whether the person is prohibited from possessing a handgun firearm
because the person is not a proper person under IC 35-47-1-7(5) or
IC 35-47-1-7(6). IC 35-47-1-7(11) through IC 35-47-1-7(13).
(b) In determining whether the person is prohibited from possessing
a handgun firearm because the person is not a proper person under
IC 35-47-1-7(5) or IC 35-47-1-7(6), IC 35-47-1-7(11) through
IC 35-47-1-7(13), the court or department of correction shall consider
the following evidence:
(1) The facts and circumstances leading to the person being
included in the category of persons to whom this chapter applies.
(2) The person's mental health and criminal history records.
(3) Evidence concerning the person's reputation, including the
testimony of character witnesses.
(4) A recent mental health evaluation by a psychiatrist or
psychologist licensed to practice in Indiana.
(c) If the court or the department of correction, after considering the
evidence described in subsection (b), finds by clear and convincing
evidence that:
(1) the person is not a danger to the person or to others;
(2) the person is not likely to act in a manner dangerous to public
safety; and
(3) the requested relief would not be contrary to public interest;
the court or department of correction shall transmit its findings to the
department of state court administration, and any other information
required by the division of state court administration, for transmission
to the NICS in accordance with IC 33-24-6-3.
(d) A determination under this section may be appealed only in
accordance with section 3 of this chapter.
(1) does not have a conviction for resisting law enforcement under IC 35-44-3-3 within five (5) years before the person applies for a license or permit under this chapter;
(2) does not have a conviction for a crime for which the person could have been sentenced for more than one (1) year;
(3) does not have a conviction for a crime of domestic violence (as defined in IC 35-41-1-6.3), unless a court has restored the person's right to possess a firearm under IC 35-47-4-7;
(4) is not prohibited by a court order from possessing a handgun;
(5) does not have a record of being an alcohol or drug abuser as defined in this chapter;
(6) does not have documented evidence which would give rise to a reasonable belief that the person has a propensity for violent or emotionally unstable conduct;
(7) does not make a false statement of material fact on the person's application;
(8) does not have a conviction for any crime involving an inability to safely handle a handgun;
(9) does not have a conviction for violation of the provisions of this article within five (5) years of the person's application;
(10) does not have an adjudication as a delinquent child for an act that would be a felony if committed by an adult, if the person applying for a license or permit under this chapter is less than twenty-three (23) years of age;
(11) has not been involuntarily committed, other than a temporary commitment for observation or evaluation, to a mental institution by a court, board, commission, or other lawful authority;
(12) has not been the subject of a:
(A) ninety (90) day commitment as a result of proceeding under IC 12-26-6; or
(B) regular commitment under IC 12-26-7; or
(13) has not been found by a court to be mentally incompetent, including being found:
(A) not guilty by reason of insanity;
(B) guilty but mentally ill; or
(C) incompetent to stand trial.
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