1. (a) If a court has ordered a law enforcement agency to retain an individual's firearm under section 6 of this chapter, the individual may request the court to order the law enforcement agency to sell the firearm at auction under IC 35-47-3-2 and return the proceeds to the individual.

2. (b) An individual may make the request described in subsection (a):

   1. (1) at the retention hearing described in section 9 of this chapter; or
   2. (2) at any time before the retention hearing described in section 9 of this chapter is held.
3. (c) If an individual timely requests a sale of a firearm under subsection (a), the court shall order the law enforcement agency having custody of the firearm to sell the firearm at auction under IC 35-47-3-2 , unless the serial number of the firearm has been obliterated.

4. (d) If the court issues an order under subsection (c), the court's order must require:

   1. (1) that the firearm be sold not more than one (1) year after receipt of the order; and
   2. (2) that the proceeds of the sale be returned to the individual who owns the firearm. However, the law enforcement agency may retain not more than eight percent (8%) of the sale price to pay the costs of the sale, including administrative costs and the auctioneer's fee.

As added by P.L.157-2014, SEC.7.