reglab/housing_qa huggingface dataset:
IN Code § 35-47-10-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 10. Children and Firearms|35-47-10-5. Dangerous Possession and Unlawful Transfer of a Firearm

Sec. 5. (a) A child who knowingly, intentionally, or recklessly possesses a firearm for any purpose other than a purpose described in section 1 of this chapter commits dangerous possession of a firearm, a Class A misdemeanor. However, the offense is a Level 5 felony if the child has a prior conviction under this section or has been adjudicated a delinquent for an act that would be an offense under this section if committed by an adult.(b) A child who knowingly or intentionally provides a firearm to another child whom the child knows:(1) is ineligible for any reason to purchase or otherwise receive from a dealer a firearm; or(2) intends to use the firearm to commit a crime;commits a Level 5 felony. However, the offense is a Level 3 felony if the other child uses the firearm to commit murder (IC 35-42-1-1).As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.4; P.L.158-2013, SEC.602; P.L.152-2014, SEC.8.
IN Code § 35-47-10-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 10. Children and Firearms|35-47-10-6. Dangerous Control of a Firearm

Sec. 6. An adult who knowingly or intentionally provides a firearm to a child whom the adult knows:(1) is ineligible for any reason to purchase or otherwise receive from a dealer a firearm; or(2) intends to use the firearm to commit a crime;commits dangerous control of a firearm, a Level 5 felony. However, the offense is a Level 4 felony if the adult has a prior conviction under this section, and a Level 3 felony if the child uses the firearm to commit murder (IC 35-42-1-1).As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.5; P.L.158-2013, SEC.603; P.L.152-2014, SEC.9.
IN Code § 35-47-10-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 10. Children and Firearms|35-47-10-7. Permitting Child to Possess a Firearm

Sec. 7. A child's parent or legal guardian who knowingly, intentionally, or recklessly permits the child to possess a firearm:(1) while:(A) aware of a substantial risk that the child will use the firearm to commit a felony; and(B) failing to make reasonable efforts to prevent the use of a firearm by the child to commit a felony; or(2) when the child has been convicted of a crime of violence or has been adjudicated as a juvenile for an offense that would constitute a crime of violence if the child were an adult;commits dangerous control of a child, a Level 5 felony. However, the offense is a Level 4 felony if the child's parent or legal guardian has a prior conviction under this section.As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.6; P.L.158-2013, SEC.604.
IN Code § 35-47-10-8 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 10. Children and Firearms|35-47-10-8. Term of Imprisonment in Addition to Criminal Penalty

Sec. 8. (a) In addition to any criminal penalty imposed for an offense under this chapter, the court shall order the following:(1) That a person who has committed an offense be incarcerated for five (5) consecutive days in an appropriate facility.(2) That the additional five (5) day term must be served within two (2) weeks after the date of sentencing.(b) Notwithstanding IC 35-50-6, a person does not earn good time credit while serving an additional five (5) day term of imprisonment imposed by a court under this section.As added by P.L.140-1994, SEC.12. Amended by P.L.74-2015, SEC.26.
IN Code § 35-47-10-9 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 10. Children and Firearms|35-47-10-9. Consecutive Sentences Imposed

Sec. 9. A court shall impose consecutive sentences upon a person who has a conviction under this chapter and a conviction under IC 35-47-2-7.As added by P.L.140-1994, SEC.12.
IN Code § 35-47-10-10 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 10. Children and Firearms|35-47-10-10. Rehabilitation of Child; Placement in Quasi-Military Program

Sec. 10. When sentencing a child who has committed an offense under this chapter, a court may elect to place the child in a facility that uses a quasi-military program for rehabilitative purposes.As added by P.L.140-1994, SEC.12.
IN Code § 35-47-11.1-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 11.1. Local Regulation of Firearms, Ammunition, and Firearm Accessories|35-47-11.1-1. Application

Sec. 1. This chapter applies to a political subdivision (as defined in IC 3-5-2-38).As added by P.L.152-2011, SEC.4.
IN Code § 35-47-11.1-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 11.1. Local Regulation of Firearms, Ammunition, and Firearm Accessories|35-47-11.1-2. Political Subdivision Regulation of Firearms, Ammunition, and Firearm Accessories Prohibited

Sec. 2. Except as provided in section 4 of this chapter, a political subdivision may not regulate:(1) firearms, ammunition, and firearm accessories;(2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and(3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories.As added by P.L.152-2011, SEC.4.
IN Code § 35-47-11.1-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 11.1. Local Regulation of Firearms, Ammunition, and Firearm Accessories|35-47-11.1-3. Voidance of Political Subdivision Ordinances, Measures, Enactments, Rules, Policies, and Exercises of Proprietary Authority

Sec. 3. Any provision of an ordinance, measure, enactment, rule, or policy or exercise of proprietary authority of a political subdivision or of an employee or agent of a political subdivision acting in an official capacity:(1) enacted or undertaken before, on, or after June 30, 2011; and(2) that pertains to or affects the matters listed in section 2 of this chapter;is void.As added by P.L.152-2011, SEC.4.
IN Code § 35-47-11.1-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 11.1. Local Regulation of Firearms, Ammunition, and Firearm Accessories|35-47-11.1-5. Civil Actions Concerning Political Subdivision Violations

Sec. 5. A person adversely affected by an ordinance, a measure, an enactment, a rule, or a policy adopted or enforced by a political subdivision that violates this chapter may file an action in a court with competent jurisdiction against the political subdivision for:(1) declarative and injunctive relief; and(2) actual and consequential damages attributable to the violation.As added by P.L.152-2011, SEC.4.
IN Code § 35-47-11.1-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 11.1. Local Regulation of Firearms, Ammunition, and Firearm Accessories|35-47-11.1-6. Civil Actions; Adversely Affected Persons

Sec. 6. A person is "adversely affected" for purposes of section 5 of this chapter if either of the following applies:(1) The person is an individual who meets all of the following requirements:(A) The individual lawfully resides within the United States.(B) The individual may legally possess a firearm under the laws of Indiana.(C) The individual is or was subject to the ordinance, measure, enactment, rule, or policy of the political subdivision that is the subject of an action filed under section 5 of this chapter. An individual is or was subject to the ordinance, measure, enactment, rule, or policy of the political subdivision if the individual is or was physically present within the boundaries of the political subdivision for any reason.(2) The person is a membership organization that:(A) includes two (2) or more individuals described in subdivision (1); and(B) is dedicated in whole or in part to protecting the rights of persons who possess, own, or use firearms for competitive, sporting, defensive, or other lawful purposes.As added by P.L.152-2011, SEC.4.
IN Code § 35-47-11.1-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 11.1. Local Regulation of Firearms, Ammunition, and Firearm Accessories|35-47-11.1-7. Civil Actions; Recovery of Damages, Costs, and Fees

Sec. 7. A prevailing plaintiff in an action under section 5 of this chapter is entitled to recover from the political subdivision the following:(1) The greater of the following:(A) Actual damages, including consequential damages.(B) Liquidated damages of three (3) times the plaintiff's attorney's fees.(2) Court costs (including fees).(3) Reasonable attorney's fees.As added by P.L.152-2011, SEC.4.
IN Code § 35-47-14-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 14. Proceedings for the Seizure and Retention of a Firearm|35-47-14-1. "Dangerous"

Sec. 1. (a) For the purposes of this chapter, an individual is "dangerous" if:(1) the individual presents an imminent risk of personal injury to the individual or to another individual; or(2) It is probable that the individual will present a risk of personal injury to the individual or to another individual in the future and the individual:(A) has a mental illness (as defined in IC 12-7-2-130) that may be controlled by medication, and has not demonstrated a pattern of voluntarily and consistently taking the individual's medication while not under supervision; or(B) is the subject of documented evidence that would give rise to a reasonable belief that the individual has a propensity for violent or suicidal conduct.(b) The fact that an individual has been released from a mental health facility or has a mental illness that is currently controlled by medication does not establish that the individual is dangerous for the purposes of this chapter.As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.6.
IN Code § 35-47-14-1.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 14. Proceedings for the Seizure and Retention of a Firearm|35-47-14-1.5. "Responsible Third Party"

Sec. 1.5. For the purposes of this chapter, an individual is a "responsible third party" if:(1) the individual does not cohabitate with the person found to be dangerous in the hearing conducted under section 6 of this chapter;(2) the individual is a proper person (as defined under IC 35-47-1-7) who may lawfully possess a firearm; and(3) the individual is willing to enter into a written court agreement to accept the transfer of the firearm as a responsible third party under section 10 of this chapter.As added by P.L.289-2019, SEC.7.
IN Code § 35-47-14-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 14. Proceedings for the Seizure and Retention of a Firearm|35-47-14-2. Warrant to Search for Firearm in Possession of Dangerous Individual; Reporting

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.
IN Code § 35-47-14-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 14. Proceedings for the Seizure and Retention of a Firearm|35-47-14-3. Warrantless Seizure of Firearm From Individual Believed to Be Dangerous; Reporting

Sec. 3. (a) If a law enforcement officer seizes a firearm from an individual whom the law enforcement officer believes to be dangerous without obtaining a warrant, the law enforcement officer shall submit to the circuit or superior court having jurisdiction over the individual believed to be dangerous an affidavit describing the basis for the law enforcement officer's belief that the individual is dangerous.(b) An affidavit described in subsection (a) shall:(1) set forth the quantity and type of each firearm seized from the individual under this section; and(2) be submitted to a circuit or superior court having jurisdiction over the individual believed to be dangerous not later than forty-eight (48) hours after the seizure of the firearm.(c) The court shall review the affidavit described in subsection (a) as soon as possible.(d) If the court finds that probable cause exists to believe that the individual is dangerous, the court shall order the law enforcement agency having custody of the firearm to retain the firearm. Beginning July 1, 2021, the court shall provide information described under this subsection and subsection (b)(1) to the office of judicial administration in a manner required by the office.(e) If the court finds that there is no probable cause to believe that the individual is dangerous, the court shall order the law enforcement agency having custody of the firearm to return the firearm to the individual as quickly as practicable, but not later than five (5) days after the date of the order.As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.9; P.L.142-2020, SEC.77.
IN Code § 35-47-14-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 14. Proceedings for the Seizure and Retention of a Firearm|35-47-14-4. Filing of Return After Warrant Is Served

Sec. 4. If a court issued a warrant to seize a firearm under this chapter, the law enforcement officer who served the warrant shall, not later than forty-eight (48) hours after the warrant was served, file a return with the court that:(1) states that the warrant was served; and(2) sets forth:(A) the time and date on which the warrant was served;(B) the name and address of the individual named in the warrant; and(C) the quantity and identity of any firearms seized by the law enforcement officer.As added by P.L.1-2006, SEC.537.
IN Code § 35-47-14-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 14. Proceedings for the Seizure and Retention of a Firearm|35-47-14-5. Requirement of Hearing on Whether Firearm Should Be Returned or Retained

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.
IN Code § 35-47-14-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 14. Proceedings for the Seizure and Retention of a Firearm|35-47-14-6. Burden of Proof at Hearing; Court Orders; Reporting

Sec. 6. (a) The court shall conduct a hearing as required under this chapter.(b) The state has the burden of proving all material facts by clear and convincing evidence.(c) If the court determines that the state has proved by clear and convincing evidence that the individual is dangerous, the court shall issue a written order:(1) finding the individual is dangerous (as defined in section 1 of this chapter);(2) ordering the law enforcement agency having custody of the seized firearm to retain the firearm;(3) ordering the individual's license to carry a handgun, if applicable, suspended; and(4) enjoining the individual from:(A) renting;(B) receiving transfer of;(C) owning; or(D) possessing;a firearm; anddetermine whether the individual should be referred to further proceedings to consider whether the individual should be involuntarily detained or committed under IC 12-26-6-2(a)(2)(B).(d) If the court finds that the individual is dangerous under subsection (c), the clerk shall transmit the order of the court to the office of judicial administration:(1) for transmission to NICS (as defined in IC 35-47-2.5-2.5); and(2) beginning July 1, 2021, for the collection of certain data related to the confiscation and retention of firearms taken from dangerous individuals;in accordance with IC 33-24-6-3.(e) If the court orders a law enforcement agency to retain a firearm, the law enforcement agency shall retain the firearm until the court orders the firearm returned or otherwise disposed of.(f) If the court determines that the state has failed to prove by clear and convincing evidence that the individual is dangerous, the court shall issue a written order that:(1) the individual is not dangerous (as defined in section 1 of this chapter); and(2) the law enforcement agency having custody of the firearm shall return the firearm as quickly as practicable, but not later than five (5) days after the date of the order, to the individual from whom it was seized.As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.11; P.L.142-2020, SEC.78.
IN Code § 35-47-14-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 14. Proceedings for the Seizure and Retention of a Firearm|35-47-14-7. If Firearm Seized Is Owned by Another Individual

Sec. 7. If the court, in a hearing conducted under section 5 of this chapter, determines that:(1) the individual from whom a firearm was seized is dangerous; and(2) the firearm seized from the individual is owned by another individual;the court may order the law enforcement agency having custody of the firearm to return the firearm to the owner of the firearm.As added by P.L.1-2006, SEC.537.
IN Code § 35-47-14-8 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 14. Proceedings for the Seizure and Retention of a Firearm|35-47-14-8. Petition for Return of a Firearm; Reporting

Sec. 8. (a) At least one hundred eighty (180) days after the date on which a court orders a law enforcement agency to retain an individual's firearm under section 6(c) of this chapter, the individual may petition the court for a finding that the individual is no longer dangerous.(b) Upon receipt of a petition described in subsection (a), the court shall:(1) enter an order setting a date for a hearing on the petition; and(2) inform the prosecuting attorney of the date, time, and location of the hearing.(c) The prosecuting attorney shall represent the state at the hearing on a petition under this section.(d) In a hearing on a petition under this section, the individual may be represented by an attorney.(e) In a hearing on a petition under this section filed:(1) not later than one (1) year after the date of the order issued under section 6(c) of this chapter, the individual must prove by a preponderance of the evidence that the individual is no longer dangerous; and(2) later than one (1) year after the date of the order issued under section 6(c) of this chapter, the state must prove by clear and convincing evidence that the individual is still dangerous.(f) If, upon the completion of the hearing and consideration of the record, the court finds that the individual is no longer dangerous, the court shall:(1) issue a court order that finds that the individual is no longer dangerous;(2) order the law enforcement agency having custody of any firearm to return the firearm as quickly as practicable, but not later than five (5) days after the date of the order, to the individual;(3) terminate any injunction issued under section 6 of this chapter; and(4) terminate the suspension of the individual's license to carry a handgun so that the individual may reapply for a license.(g) If the court denies an individual's petition under this section, the individual may not file a subsequent petition until at least one hundred eighty (180) days after the date on which the court denied the petition.(h) If a court issues an order described under subsection (f), the court's order shall be transmitted, as soon as practicable, to the office of judicial administration for transmission to the NICS (as defined in IC 35-47-2.5-2.5) and, beginning July 1, 2021, for the collection of certain data related to the confiscation and retention of firearms taken from dangerous individuals in accordance with IC 33-24-6-3.As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.12; P.L.142-2020, SEC.79.
IN Code § 35-47-14-9 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 47. Weapons and Instruments of Violence|Chapter 14. Proceedings for the Seizure and Retention of a Firearm|35-47-14-9. When Law Enforcement Agency May Be Ordered to Dispose of Firearm

Sec. 9. If at least five (5) years have passed since a court conducted the first hearing to retain a firearm under this chapter, the court, after giving notice to the parties and conducting a hearing, may order the law enforcement agency having custody of the firearm to dispose of the firearm in accordance with IC 35-47-3.As added by P.L.1-2006, SEC.537. Amended by P.L.157-2014, SEC.6.