LegalFix
Sign In

35-47-14-5. Requirement of hearing on whether firearm should be returned or retained

IN Code § 35-47-14-5 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Sec. 5. (a) After the filing of a search warrant return under section 2 of this chapter or the filing of an affidavit under section 3 of this chapter, the court shall conduct a hearing.

(b) The court shall make a good faith effort to conduct the hearing not later than fourteen (14) days after the filing of a search warrant return under section 2 of this chapter or the filing of an affidavit under section 3 of this chapter. If the hearing cannot be conducted within fourteen (14) days after the filing of the search warrant return or affidavit, the court shall conduct the hearing as soon as possible. However, a request for a continuance of the hearing described in this subsection for a period of not more than sixty (60) days from the individual from whom the firearm was seized shall be liberally granted. The court shall inform:

(1) the prosecuting attorney; and

(2) the individual from whom the firearm was seized;

of the date, time, and location of the hearing. The court may conduct the hearing at a facility or other suitable place not likely to have a harmful effect upon the individual's health or well-being.

As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.10.

Previous Section
35-47-14-4. Filing of return after warrant is served
Next Section
35-47-14-6. Burden of proof at hearing; court orders