Ind. Code » Title 35
Indiana Code

Ind. Code § 35-47-14-2 (2025)

Warrant to search for firearm in possession of dangerous individual; reporting

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 2. (a) A circuit or superior court may issue a warrant to search for and seize a firearm in the possession of an individual who is dangerous if:

(1) a law enforcement officer provides the court a sworn affidavit that:

(A) states why the law enforcement officer believes that the individual is dangerous and in possession of a firearm; and

(B) describes the law enforcement officer's interactions and conversations with:

(i) the individual who is alleged to be dangerous; or

(ii) another individual, if the law enforcement officer believes that information obtained from this individual is credible and reliable;

that have led the law enforcement officer to believe that the individual is dangerous and in possession of a firearm;

(2) the affidavit specifically describes the location of the firearm; and

(3) the circuit or superior court determines that probable cause exists to believe that the individual is:

(A) dangerous; and

(B) in possession of a firearm.

     (b) A law enforcement agency responsible for the seizure of the firearm under this section shall file a search warrant return with the court setting forth the:

(1) quantity; and

(2) type;

of each firearm seized from an individual under this section. Beginning July 1, 2021, the court shall provide information described under this subsection to the office of judicial administration in a manner required by the office.

As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.8; P.L.142-2020, SEC.76.

 

Notes of Decisions
Cited in 3 cases, 2013–2019 · leading case: Robert E. Redington v. State of Indiana, 992 N.E.2d 823 (Ind. Ct. App. 2013).
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Robert E. Redington v. State of Indiana, 992 N.E.2d 823 (Ind. Ct. App. 2013). · cites it 4× “See Ind. Code §§ 35-47-14-2 , -3. Also, Section 5 provides: (a) Not later than fourteen (14) days after a return is filed under section 4 of this chapter or a written statement is submitted under section 3 of this chapter, the court shall conduct a hearing to determine whether…”
Robert E. Redington v. State of Indiana, 121 N.E.3d 1053 (Ind. Ct. App. 2019). · cites it 2× “Code § 35-47-14-3 (pursuant to which the firearms Redington was carrying were immediately seized and the trial court later found probable cause) and Ind. Code § 35-47-14-2 (pursuant to which a warrant was issued to search Redington's house).”
Rebolledo v. Eden, 12 F. Supp. 3d 1125 (S.D. Ind. 2014). · cites it 2× “It provides officers with two alternatives: they may use the perception of dangerousness as the basis to obtain a warrant, Ind. Code § 35-47-14-2 , or they may use the perception of dangerousness as the basis for a warrantless seizure, Ind.”
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