Indiana Red Flag Law and Gun Seizures

Indiana's red flag law lets police take your firearms without charging you with a crime. A judge then decides whether to keep them from you, based on a finding that you are dangerous. That finding can also stop you from owning, buying or carrying any firearm, and it is reported to the federal background check system.

You get a hearing, and the State has to prove its case. The hearing can be set within about two weeks, so it matters what you do right away.

What is Indiana's red flag law?

Red flag is the common name. The statute never uses it. Indiana Code 35-47-14 deals with "proceedings for the seizure and retention of a firearm," and it is sometimes called the Jake Laird Law, after an Indianapolis police officer killed in 2004. Indiana was one of the first states to pass a law of this kind.

It is not a criminal charge. You are not accused of a crime, and a finding that you are dangerous is not a conviction. But the prosecuting attorney represents the State, and the consequences of losing can include a criminal charge later if you are found with a gun.

It is also different from a protective order, which a person files against someone else and which has its own firearm rules.

What does "dangerous" mean under the law?

You are "dangerous" under this chapter if either of these is true:

• Imminent risk. You present an imminent risk of personal injury to yourself or someone else.
• Probable future risk, plus one more thing. It is probable that you will present a risk of personal injury to yourself or someone else in the future, and either (1) you have a mental illness that may be controlled by medication and have not shown a pattern of voluntarily and consistently taking it while unsupervised, or (2) there is documented evidence that would give rise to a reasonable belief that you have a propensity for violent or suicidal conduct.

Having a mental illness does not by itself make you dangerous. The statute says that being released from a mental health facility, or having a mental illness that is currently controlled by medication, does not establish that you are dangerous.

Who can start a red flag case?

Only a law enforcement officer can bring the case to court. Unlike some other states, Indiana has no procedure for a family member, spouse or neighbor to file directly. But any of them may report concerns to police, and an officer may rely on another person's information when the officer believes it is credible and reliable.

Knowingly making a false report that someone is dangerous is a crime. It is at least a Class A misdemeanor and can become a felony depending on the consequences. An allegation that cannot be proved is not necessarily a knowingly false report.

Can police take my guns without a warrant?

The law describes two routes:

• With a warrant. An officer gives a judge a sworn affidavit explaining why the officer believes you are dangerous and have a firearm, describing the officer's interactions with you or with others, and specifically describing where the firearm is. The judge must find probable cause. Within 48 hours after serving the warrant, the officer must file a return listing what was taken.
• Without a warrant. An officer who seizes a firearm without a warrant must submit an affidavit to the court within 48 hours after the seizure, explaining why the officer believes you are dangerous and listing each firearm taken. The judge reviews it as soon as possible. If there is no probable cause, the judge must order your guns returned as quickly as practicable, no later than five days after the order. If there is probable cause, police keep them until the hearing.

The red flag law does not give police a new power to search without a warrant. The statute says that nothing in the chapter authorizes a warrantless search or seizure if a warrant would otherwise be required.

Police do not have a general "community caretaking" power to enter your home without a warrant and take firearms. However, a recognized exception may apply. For example, officers may enter to provide emergency aid when they have an objectively reasonable basis to believe someone inside is seriously injured or imminently threatened with serious injury. Any search must stay within the lawful scope of that exception. If police entered your home or searched your property without a warrant, how they did it is worth a close look.

Do I get a hearing?

Yes. You do not have to request one. Once the return or affidavit is filed, the court must hold a hearing, and it must tell you and the prosecutor the date, time and location.

The court must make a good faith effort to hold the hearing within 14 days after the return or affidavit is filed. If it cannot, it must hold the hearing as soon as possible.

You can ask for more time. A request from you to continue the hearing, for up to 60 days, "shall be liberally granted." That time can matter if you need to hire a lawyer, gather records, or see a doctor or counselor.

Missing the hearing does not help your case. Watch your mail, make sure the court has your current address, and contact a lawyer promptly if you cannot attend. The State still has the burden of proving you are dangerous.

What does the State have to prove?

The State has the burden of proving all material facts by clear and convincing evidence. That is a higher standard than the "more likely than not" standard in most civil cases, though lower than proof beyond a reasonable doubt.

A lawyer can challenge the State's evidence, question witnesses, and present relevant testimony and records. Evidence objections, including hearsay objections, can matter. Treatment records and testimony from a qualified professional may help, but whether they are admissible and how to protect their confidentiality should be reviewed before they are disclosed. These hearings are decided by a judge.

Can what I say at the hearing be used against me?

Do not assume that statements you make during the firearm proceeding are protected from use in another case. Discuss whether to testify with your lawyer, especially if the same events could lead to criminal charges or affect a divorce or custody case. The same care applies to talking to the officer who has your guns.

What happens if I win?

If the State does not prove you are dangerous, the judge must issue a written order that:

• finds you are not dangerous;
• requires police to return your firearm as quickly as practicable, and no later than five days after the order; and
• seals and expunges the court file, the police records of the investigation, and records in any central repository, including the state police repository as far as it has legal authority to seal them.

Sealed records can still be disclosed to law enforcement officers acting within the scope of their duties, or when a court order authorizes it. If you won before July 1, 2025, you can file a motion to amend your order to add sealing, and the court must grant it.

What happens if the judge finds I am dangerous?

The judge must issue a written order that:

• finds you are dangerous;
• orders police to keep the firearm;
• suspends your license to carry a handgun, if you have one; and
• bars you from renting, receiving, owning or possessing a firearm.

The judge must also decide whether to refer you for separate proceedings on involuntary detention or commitment. A red flag finding is not itself an automatic commitment order.

The order is also reported to the National Instant Criminal Background Check System, or NICS, and can prevent a dealer from completing a firearm transfer. Separate federal firearm restrictions may apply depending on the findings, any commitment proceedings, and other circumstances.

What if I have a gun after the order?

That can become a criminal case:

• Having a firearm. Knowingly or intentionally renting, buying, receiving, owning or possessing a firearm after you have been found dangerous is a Class A misdemeanor.
• Carrying a handgun. Indiana generally permits eligible people to carry a handgun without a license, but a person adjudicated dangerous is disqualified. Carrying is a Class A misdemeanor, or a Level 5 felony in some circumstances, such as on or near school property.
• Someone giving you a gun. A person who knowingly rents, transfers, sells or offers to sell a firearm to someone they know has been found dangerous commits a Level 5 felony. Family members and friends should take this seriously.

Other guns in your home can raise questions about whether you possess them, even if you did not buy them. Living in a house with a gun does not automatically prove unlawful possession, but talk to a lawyer about how those guns should be stored or moved.

Can I get my guns back later?

You can file a petition asking the court to find that you are no longer dangerous, starting 180 days after the order. The prosecutor represents the State, and you can have a lawyer.

Timing changes who has to prove what:

• Petition filed not later than one year after the order: you must prove by a preponderance of the evidence that you are no longer dangerous.
• Petition filed later than one year after the order: the State must prove by clear and convincing evidence that you are still dangerous.

That difference is worth planning around. If your petition is denied, you must wait at least 180 days before filing another.

If the court finds you are no longer dangerous, it must end the red flag injunction and license suspension and order your firearms returned as quickly as practicable, no later than five days after the order. The order must be sent for reporting to NICS. The court may also, but does not have to, seal and expunge the records. Other state or federal restrictions may still prevent you from possessing or carrying firearms.

How long can police keep my guns?

Until a court orders them returned or otherwise disposed of. After at least five years have passed since the first hearing, the court can, after notice and a hearing, order police to dispose of the firearm. Five years does not automatically end the retention order or require disposal, but if you get a notice like this, do not ignore it.

While police hold your firearm, they must use reasonable care to keep it from being lost or damaged, and they may not mark it. The agency is liable for damage or loss caused by its negligence in storing or handling it.

Can I sell my guns or give them to someone else?

Yes, with a court order. If the court has ordered police to keep your firearm, you can petition to have it:

• Transferred to a responsible third party, who cannot live with you, must meet Indiana's "proper person" requirement and be legally able to have a firearm, and must sign a written court agreement to store it with reasonable care and keep it away from you.
• Transferred to a federally licensed dealer for storage or a lawful sale on terms you agree on.
• Sold at auction, with the proceeds returned to you. The sale must happen within one year after receipt of the court's order, and police can keep up to 8 percent of the sale price for costs.

The statute allows a request at or before the initial retention hearing, or at or before a later disposal hearing. Ask about these options early rather than waiting until disposal is being considered. If you ask on time and the requirements are met, the court must order the transfer or sale unless the serial number has been obliterated or the transfer would be unlawful.

Come with a specific plan. The person you propose must be willing to enter the written court agreement, and the Court of Appeals has rejected a third-party request where the proposed person did not appear and say so.

A transfer or sale does not end the finding that you are dangerous, and it does not, by itself, establish that you are no longer dangerous.

What if the gun belongs to someone else?

If the court finds you are dangerous and a seized firearm belongs to someone else, the court may order police to return it to that owner. Return is not automatic. If the owner lives with the person found dangerous, expect the judge to look closely at how that person's access to the firearm will be prevented. Bring ownership records, and discuss a lawful storage or transfer plan with a lawyer.

Is the red flag law constitutional?

Indiana appellate courts have upheld application of the red flag law in particular cases. Constitutional challenges depend on the facts, the procedure used, and the governing constitutional standard. The U.S. Supreme Court's decision in United States v. Rahimi addressed a different federal firearm restriction involving domestic violence restraining orders, not Indiana's red flag statute.

Can I appeal?

A firearm retention order can be appealed. Ordinarily, the notice of appeal must be filed within 30 days after entry of the final judgment is noted in the court's Chronological Case Summary. Certain motions filed after judgment can affect that deadline, so talk to a lawyer promptly.

What should I do if police took my guns?

• Do not try to replace them. Do not buy a firearm or arrange access through another person. Ask your lawyer whether a court-approved storage, transfer or sale arrangement is available.
• Be careful what you say. You do not have to explain yourself to the officer, and what you say may end up in the affidavit.
• Get the paperwork. Keep any receipt or inventory police gave you, and write down what was taken, including makes and serial numbers if you have them.
• Watch for the hearing notice. The hearing can be set within about two weeks. Make sure the court has your current address.
• Gather your records. Treatment records, a letter from your doctor or counselor, and the names of people who know you can all help. Share them with your lawyer first.
• Save your messages. Keep the texts, emails and social media posts around what happened. Do not delete anything, and do not post about the case.
• Talk to a lawyer before the hearing, especially if there is a criminal case, a divorce or custody case, or your job involves carrying a firearm.

If you or someone else is in immediate danger, call 911. For a suicide or mental health crisis, call or text 988. Do not delay emergency care because of concerns about a firearm case.

Every case depends on its own facts. This page is general information, not legal advice, and past results do not guarantee a similar outcome.