CHAPTER 15. NICS APPEALS
IC 33-23-15
Chapter 15. NICS Appeals
IC 33-23-15-1
Application of chapter
Sec. 1. This chapter applies to the following:
(1) A person civilly committed under IC 12-26-6-8.
(2) A person found to be mentally ill and either dangerous or
gravely disabled under IC 12-26-7-5.
(3) A person found guilty but mentally ill under IC 35-36-2-5.
(4) A person found not responsible by reason of insanity under
IC 35-36-2-4.
(5) A person found incompetent to stand trial under
IC 35-36-3-1.
(6) A confined offender who is determined to be mentally ill
and has been involuntarily transferred to and accepted by the
division of mental health and addiction under IC 11-10-4-3.
As added by P.L.110-2009, SEC.11.
IC 33-23-15-2
Petition for review; evidence; findings by court or department of
correction
Sec. 2. (a) If a person described in section 1 of this chapter:
(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 because the person is not a proper person under
IC 35-47-1-7(5) or IC 35-47-1-7(6).
(b) In determining whether the person is prohibited from
possessing a handgun because the person is not a proper person
under IC 35-47-1-7(5) or IC 35-47-1-7(6), 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.
As added by P.L.110-2009, SEC.11.
IC 33-23-15-3
Judicial review of decision
Sec. 3. (a) A person who receives an adverse decision under
section 2 of this chapter may seek review of the decision by filing,
not later than thirty (30) days after receiving the adverse decision, an
action for review:
(1) in the court of conviction, if the adverse decision was made
by the department of correction; or
(2) in a circuit or superior court in a county adjacent to the
county in which the court rendered the adverse decision, if the
adverse decision was made by a court.
(b) The court hearing an action for review filed under this section
shall conduct the review hearing de novo. The hearing shall be
conducted in accordance with section 2 of this chapter.
(c) The determination of a court under this section is a final
appealable order.
As added by P.L.110-2009, SEC.11. Amended by P.L.1-2010,
SEC.131.