Surrender of firearms for domestic violence crimes.
Summary
HB 1317 creates a new firearm-surrender and possession framework for people convicted of domestic battery or other crimes of domestic violence. It makes it a Class A misdemeanor for a person convicted of those offenses to knowingly or intentionally possess a firearm, unless a defense applies, and it defines related terms such as “domestic batterer,” “license,” “residence,” and “surrender.” The bill also requires courts, when entering a conviction for domestic battery or a crime of domestic violence, to issue a written order prohibiting firearm ownership or possession, directing the defendant to surrender firearms and handgun carry licenses, and ordering law enforcement to confiscate those items within 72 hours.
Impact
The bill would amend Indiana criminal law provisions in IC 35-31.5 and IC 35-47-4 by adding new offenses and procedures tied to domestic violence convictions. It expands the legal consequences of such convictions by mandating firearm and handgun-license surrender, creating a separate offense for failing to surrender those items, and establishing a process for confiscation, retention, return, or disposal of firearms and licenses. It also preserves a restoration process for firearm rights after conviction, including court review, waiting periods, and the return of confiscated property if rights are later restored.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes, the measure appears to be framed as a public-safety and domestic-violence prevention bill. Its structure suggests support for stronger enforcement against firearm access by domestic violence offenders, while also including procedures for restoration of rights and return of property. Because no transcripts or vote history are provided, there is no documented public debate in the available record, but the bill’s design indicates an intent to balance victim protection with due-process and restoration mechanisms.
Contention
The main points of contention likely concern firearm rights, the scope of mandatory surrender, and enforcement logistics. The bill requires confiscation even when firearms are held by third parties not named in the court order, and it makes failure to surrender a separate offense, which could raise concerns among gun-rights advocates and defendants’ rights proponents. At the same time, the bill includes defenses for situations where no written order was issued or law enforcement did not timely confiscate items, and it allows restoration of firearm rights after a petition process, which may address some concerns from those worried about overbreadth or permanent disqualification.