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HB 1375

Repeal of involuntary firearm removal process.

2026 Regular Session Introduced by Matt Hostettler and 3 co-sponsors

Indiana bill repeals extreme risk protection orders, eliminating court-ordered temporary firearm removal from individuals assessed as dangerous to self or others.

Representative Lucas added as coauthor
#criminallawandprocedure;generally #firearmsandweapons
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Bill Summary · HB 1375

Legislative bill overview

HB 1375 proposes to repeal Indiana's involuntary firearm removal process, commonly known as "red flag" or extreme risk protection order (ERPO) laws. This legislation would eliminate the legal mechanism that currently allows courts to temporarily remove firearms from individuals deemed to pose a significant danger to themselves or others.

Why is this important

Firearm removal laws represent a significant policy intervention affecting both public safety and Second Amendment rights. The outcome of this bill would fundamentally alter Indiana's approach to preventing firearm-related suicides and mass violence incidents, while raising questions about due process protections and individual liberty in crisis situations.

Potential points of contention

  • Public safety vs. individual rights: Supporters argue ERPOs prevent tragedies; opponents contend they infringe on constitutional rights without adequate due process protections, particularly in ex parte (one-sided) proceedings
  • Effectiveness and scope: Disputes exist over whether these laws actually reduce suicide and homicide rates, and whether they target the right populations or create false positives
  • Due process concerns: Questions about whether current ERPO procedures provide adequate notice, hearing opportunities, and evidence standards before firearm removal, or if they're subject to abuse

Compiled from official sources — confirm details with the bill’s official record.

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