STATEHOUSE (March 26, 2025) – The Indiana Senate unanimously approved legislation authored by State Rep. Ben Smaltz (R-Auburn) giving courts the ability to expunge records related to Indiana's red flag law for individuals determined not to be dangerous, upholding Second Amendment rights.
House Enrolled Act 1137 would require a judge to seal and expunge an individual's red flag records if the court finds that the individual is not dangerous. The bill also establishes guidelines for expunging all related records, including the court files and law enforcement agency reports, ensuring that these records are sealed and inaccessible. In certain circumstances, sealed records may be disclosed to a law enforcement officer acting within the scope of their duties, but may not be accessed by any other individual unless authorized by a court order.
"This legislation aims to protect Hoosiers and their Second Amendment rights through procedural fairness, striking a balance between public safety and individual rights," Smaltz said. "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."
Smaltz emphasized that the legislation would amend existing Indiana statutes to establish clear direction for petitioning courts for expungement and set evidence-based standards for evaluating whether an individual remains a risk. Indiana's current red flag law allows law enforcement officers to temporarily confiscate firearms from individuals deemed a danger to themselves or others.
House Enrolled Act 1137 passed both the House and Senate unanimously and now moves to the governor's desk for consideration as a new law. For more information, or to watch session and committee meetings live, visit iga.in.gov.
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State Rep. Ben Smaltz (R-Auburn) represents House District 52,
which includes all of DeKalb County, and portions of Noble and Steuben counties.
Click here to download a high-resolution photo.
