Indy Standard

The Indiana Senate has approved a legislative measure aimed at allowing the expungement of certain records tied to the state’s red flag law. This law permits the temporary confiscation of firearms from individuals considered a danger to themselves or others. The bill, introduced by State Representative Ben Smaltz, received unanimous support.

House Enrolled Act 1137 sets out to give judges the power to seal and expunge red flag records if an individual is ruled not dangerous. It establishes procedures to ensure that all related documentation, including court files and law enforcement records, are sealed and inaccessible to unauthorized individuals. When necessary, these sealed records can be disclosed to law enforcement officers acting within their official duties but remain protected from access by others without a court's consent.

"This legislation aims to protect Hoosiers and their Second Amendment rights through procedural fairness, striking a balance between public safety and individual rights," stated Smaltz. He added, "Those who have been deemed not dangerous should not be subject to unnecessary restrictions or long-lasting repercussions from red flag cases denying them due process."

The proposed law seeks to amend Indiana's existing statutes by laying out clearer guidelines for courts on how to handle expungement requests. It also introduces standards based on evidence for assessing whether an individual continues to pose a risk.

House Enrolled Act 1137 has passed both the House and Senate without opposition and is now awaiting the governor’s consideration. Detailed information and live coverage of legislative sessions and committee meetings can be found at iga.in.gov.