Indiana Red Flag Law: How the Jake Laird Law Works

What is Indiana’s red flag law?

Indiana was one of the first states with a red flag law. Passed in 2005, it’s called the Jake Laird law after Indianapolis police officer Timothy “Jake” Laird, who was killed in August 2004 by a man whose guns police had seized months earlier during a mental health emergency and then returned because they had no legal authority to keep them. The law is in Indiana Code chapter IC 35-47-14 and was amended in 2019 to clarify the court process, and again in 2025.

Who counts as “dangerous”?

Under IC 35-47-14-1, a person is dangerous if:

• they present an imminent risk of personal injury to themselves or someone else, or
• they may present that risk in the future and either have a mental illness that can be controlled by medication but have not shown a pattern of taking it voluntarily and consistently without supervision, or there is documented evidence that would give a reasonable person a belief that they have a propensity for violent or suicidal conduct.

The statute says the fact that someone was released from a mental health facility, or has a mental illness currently controlled by medication, doesn’t by itself make them dangerous.

How does a red flag seizure work in Indiana?

Indiana’s law runs through law enforcement. There are two paths:

1. With a warrant (IC 35-47-14-2). An officer files a sworn affidavit explaining why they believe the person is dangerous and has a firearm. If a judge finds probable cause, the court issues a warrant to seize the guns.
2. Without a warrant (IC 35-47-14-3). If an officer believes someone is dangerous, they can seize firearms on the spot, then must file an affidavit with the court within 48 hours. If the court finds no probable cause, the guns must be returned within five days.

Family members who are worried about someone can contact police, who decide whether to act.

The court hearing

After guns are seized, the court must make a good faith effort to hold a hearing within 14 days after the search warrant return is filed (IC 35-47-14-5). The person can ask to delay it for up to 60 days, and those requests are to be liberally granted.

At the hearing, the state must prove all material facts by clear and convincing evidence (IC 35-47-14-6). That’s a higher bar than “more likely than not.”

What happens if the court finds the person dangerous?

Under IC 35-47-14-6, the court orders:

• the police agency to keep the seized firearms,
• the person’s Indiana license to carry, if they have one, suspended,
• the person barred from renting, receiving, owning or possessing firearms, and
• the order sent to NICS, so the person will fail a background check.

A person adjudicated dangerous is also a prohibited person under Indiana’s carry law (IC 35-47-2-1.5).

What if the court finds the person is not dangerous?

The guns must be returned within five days. Under House Enrolled Act 1137, signed in April 2025 and effective July 1, 2025, the court must also seal and expunge the records of the proceeding, including court files and law enforcement records.

Getting guns back later

If someone was found dangerous, they can petition for return of their firearms at least 180 days after the retention order (IC 35-47-14-8). In the first year, the person has to prove by a preponderance of the evidence that they are no longer dangerous. After one year, the burden flips and the state has to prove by clear and convincing evidence that the person is still dangerous. If the court finds the person is no longer dangerous, the guns must be returned within five days. HEA 1137 also lets the court consider sealing records in that situation.

What people often get wrong

• It isn’t a criminal charge. It’s a civil process about possession of firearms.
• It isn’t permanent automatically. There is a path to petition for return.
• It can affect a carry license. A dangerous finding suspends an Indiana license to carry.

If this is happening to you or your family

Talk to an Indiana attorney right away, because the hearing timeline is short. If someone is in crisis, call 911 or the 988 Suicide and Crisis Lifeline.

Gun laws change, and this guide is general information, not legal advice. Check the current Indiana Code or talk to an Indiana attorney about your specific situation.