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Article I, § 32 of the Indiana Constitution provides that “[t]he people shall have a right to bear arms, for the
defense of themselves and the State.” Indiana courts have
interpreted this provision to allow an individual to possess
firearms for purposes of self-defense and defense of the state,
subject to reasonable police power regulation.
In Matthews v. State of Indiana, 148 N.E.2d 334 (Ind. 1958), the Supreme Court of Indiana rejected an art. I, § 32 challenge to a provision of the state’s Uniform Firearms Act prohibiting the carrying of a pistol without a license except in the home or fixed place of business. The court observed that the Act is intended to maximize control over criminal and careless uses of certain types of firearms while at the same time making them available to persons when needed for protection. Matthews, 148 N.E.2d at 338. Noting that art. I, § 32 "does not say that people shall have a right to bear pistols, or any other specific kind or type of arms" the court concluded that the challenged provision was a reasonable regulation of the use of firearms that may be readily concealed, enacted in the interest of public safety and welfare, and did not violate the state constitution. Id.
In Schubert v. DeBard, 398 N.E.2d 1339, 1341 (Ind. Ct. App. 1980), the Indiana Court of Appeals relied on Matthews in holding that an applicant for a license to carry a handgun for self-protection could not be denied the license on the ground that self-protection was not a proper reason to be licensed, because the Indiana Constitution "provides our citizenry the right to bear arms for their self-defense."
In Lewis v. State of Indiana, 484 N.E.2d 77 (Ind. Ct. App. 1985) the court of appeals held that Indiana Code Annotated § 35-47-2-24 does not unconstitutionally infringe upon the right to bear arms under art. I, § 32. Section 35-47-2-24 places upon a defendant accused of a handgun offense the burden of proving that he or she has a license to carry a handgun or is exempt from statutory requirements. Lewis, 484 N.E. 2d at 79.
See also Baker v. State, 747 N.E.2d 633, 637 (Ind. Ct. App. 2001) (holding that Ind. Code § 35-47-4-5, which prohibits the possession of a firearm by a serious violent offender, does not unconstitutionally infringe upon the right to bear arms under art. 1, § 32), and Dozier v. State of Indiana, 709 N.E.2d 27 (Ind. Ct. App. 1999) (following Matthews, reaffirming the constitutionality of the state licensing statute, and rejecting art. I, § 32 challenges to statutes increasing the class of offense for a person carrying an unlicensed handgun on school property and prohibiting possession of a pistol by a person under age 18).
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Counties,
municipalities and townships are defined as local government “units”
by Indiana law. Ind. Code Ann. § 36-1-2-23. Under
section
36-1-3-2, “[t]he
policy of the state is to grant units all the powers that they need
for the effective operation of government as to local affairs.”
Indiana has adopted a firearms preemption statute, which states that “[a] unit may not regulate in any manner the ownership, possession, sale, transfer, or transportation of firearms…or ammunition.” Section 35-47-11-2.
This statute has exceptions, however. With respect to all local government units except townships, the statute does not affect the validity of ordinances adopted before and in effect on January 1, 1994. Section 35-47-11-1(c). With respect to all local government units including townships, the prohibition does not apply to "land, buildings, or other real property owned or administered by a unit, except highways (as defined in I[nd. ]C[ode] 8-23-1-23) and public highways (as defined in I[nd. ]C[ode] 8-2.1-17-14)." Section 35-47-11-2(1). Thus, local governments may regulate the possession, sale and transfer of firearms on publicly-owned property such as county fairgrounds, courthouses, and administration buildings.
In addition,
units may use their zoning authority to prohibit the sale of
firearms within 200 feet of a school by any person having a business
that did not sell firearms within 200 feet of a school prior to
enactment of the preemption statute on April 1, 1994. Section 35-47-11-2(2).
Finally, units other than townships may enact emergency ordinances for a period of not more than 72 hours to regulate the sale of firearms if a disaster has occurred or is likely to occur in the unit and a local disaster emergency has been declared. Sections 35-47-11-2(3) and 35-47-11-3. The conditions under which such an emergency may be declared and the procedures that must be followed are set forth in sections 35-47-11-3 through 35-47-11-6.
There are no relevant cases interpreting sections 35-47-11-1 through 35-47-11-6.
Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.
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For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.
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No
relevant statutes currently exist.
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Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)
Under the
Brady Act, states have the option of serving as a “state point
of contact” and conducting their own background checks using
NICS and state informational records and databases, or having
the checks performed by the FBI using only NICS. Federal law
does not require that private sellers (persons other than
firearms dealers) conduct background checks on prospective
purchasers.
In Indiana, all firearms transfers by licensed dealers are processed directly through either the Indiana State Police (handguns) or the FBI (long guns; i.e., rifles and shotguns), which agency enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005). In addition, Indiana has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses.
Indiana Code Annotated § 35-47-2.5-4, as amended by 2006 Ind. House Enrolled Act No. 1176 prohibits a dealer from transferring a handgun to a person until the dealer has "contacted NICS...to request a background check," and "received authorization from NICS to transfer the handgun to the prospective purchaser."
Under section 35-47-2-7(b), a person may not transfer a handgun to an individual who the person has reasonable cause to believe:
Any person convicted of domestic battery under section 35-42-2-1.3, or any person convicted of committing, attempting to commit, or conspiring to commit a serious violent felony, is prohibited from possessing a firearm. Sections 35-47-4-5, 35-47-4-6. For other provisions related to domestic violence and firearms, see sections 34-26-5-3 and 34-26-5-9.
Persons convicted of domestic battery under section 35-42-2-1.3 may not possess or carry a handgun under any circumstances, unless the person's right to possess a firearm has been restored under sections 3-7-13-5 or 33-28-4-8. Section 35-47-2-1(b).
Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Indiana, although federal and state purchaser prohibitions still apply. However, section 35-47-2-8 specifically notes that the handgun sales regulations under Chapter 35-47-2 (i.e., the prohibited purchaser prohibitions) apply equally to an occasional sale, trade, or transfer between individual persons and to retail transactions between dealers and individual persons. See the Indiana Private/Secondary Sales section.
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No
relevant statutes currently exist.
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Open Carrying/Exposed Firearms
Indiana prohibits any person from carrying a handgun in any vehicle or on or about the body, except in the person's dwelling or on the person's property or fixed place of business, without possessing a license to carry a handgun. Ind. Code Ann. §§ 35-47-2-1(a) and 35-47-2-23. The state imposes a Class A misdemeanor for a violation of this provision, but the offense becomes a Class C felony if: 1) committed within 1,000 feet of school property or on a school bus; 2) the person has certain prior handgun-related convictions; or 3) the person has been convicted of a felony within 15 years of the offense. Id. See also section 35-47-9-2. See below under "Concealed Weapons Licensing Requirements" for details regarding licenses to carry handguns.
Section 35-47-2-1 does not apply to most law enforcement officers, on-duty military personnel, employees of the U.S. authorized to carry handguns, employees of express companies (i.e., businesses that regularly carry or transport gold or silver coin or paper currency; see § 8-2.1-21-1) when engaged in company business, or any person:
Engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his or her possession, using, or carrying a handgun in the usual or ordinary course of that business; or Carrying a handgun unloaded and in a secure wrapper from the place of purchase to his or her dwelling or fixed place of business, or to a place of repair or back to his or her dwelling or fixed place of business, or in moving from one dwelling or business to another.
Section 35-47-2-2.
Section 14-16-1-23 prohibits operating a "vehicle" (defined as an off-road vehicle or snowmobile by section 14-16-1-7) while transporting a firearm on or in the vehicle, unless the firearm is unloaded, and securely encased or equipped with and made inoperative by a manufactured keylocked trigger housing mechanism.
For other location limits applicable to both open and concealed carrying of firearms, see the Concealed Weapons Licensing Requirements subsection, below.
Transportation of Firearms
See the Open Carrying/Exposed Firearms subsection (above) and the Location Limits subsection (below) for regulations relating to the transportation of firearms.
Concealed Weapons Licensing Requirements
Indiana is a "shall issue" state, meaning that local law enforcement must issue a license to carry a handgun if the applicant meets certain qualifications. The Superintendent of the Indiana State Police ("Superintendent" and "ISP") shall issue a license to carry a handgun if it appears that the applicant:
Has a proper reason for carrying a handgun (i.e., "for the defense of oneself or the state of Indiana;" see Ind. Code Ann. § 35-47-1-8; 240 Ind. Admin. Code 3-1-1; Schubert v. DeBard, 398 N.E.2d 1339, 1341 (Ind. Ct. App. 1980)); Is of good character and reputation; Is a citizen of the United States, or not a citizen of the United States but is allowed to carry a firearm in the United States under federal law; and Is a "proper person" to be licensed.
Ind. Code Ann. § 35-47-2-3(e).
Section 35-47-1-7 defines a "proper person" as someone who:
Does not have a conviction for resisting law enforcement (see § 35-44-3-3) within five years of his or her application; Does not have a conviction for a crime for which he or she could have been sentenced for more than one year; Does not have a conviction for a crime of domestic violence (as defined in § 35-41-1-6.3), unless a court has restored that person’s "right to possess a firearm" under § 3-7-13-5; Is not prohibited by a court order from possessing a handgun; Does not have a record of being an alcohol or drug abuser as defined in Chapter 35-47-1; Does not have documented evidence which would give rise to a reasonable belief that he or she has a propensity for violent or emotionally unstable conduct; Does not make a false statement of material fact on his or her application; Does not have a conviction for any crime involving an inability to safely handle a handgun; Does not have a conviction for violation of the provisions of Title 35, Article 47 within five years of his or her application; and Does not have an adjudication as a delinquent child for an act that would be a felony if committed by an adult, if the person applying for a license or permit is less than 23 years of age.
Furthermore, a person is not a "proper person" if he or she:
Has a history of minor criminal activity which would give rise to a reasonable belief that he or she has a propensity for violent or emotionally unstable conduct; Is found, upon a standard of reasonable belief, not to be emotionally stable; or Makes a false statement of material fact on his or her application.
240 Ind. Admin. Code 3-1-1.
In addition, Indiana Code Annotated § 35-47-2-3(g) states that a license to carry a handgun will not be issued to any person who:
Has been convicted of a felony; Is under 18 years of age; Is under 23 years of age if the person has been adjudicated a delinquent child for an act that would be a felony if committed by an adult; or Has been arrested for a Class A or Class B felony, or any other felony that was committed while armed with a deadly weapon or that involved the use of violence, if a court has found probable cause to believe that the person committed the offense charged (a license may be issued, however, to a person acquitted of the specific offense charged or if the charges are dismissed).
Under 240 Ind. Admin. Code 3-4-1(1), an applicant does not need to list traffic arrests or traffic convictions on his or her application, except:
Driving under the influence of alcohol, drugs, or narcotics; Reckless driving; Fleeing a police officer; and Any charges related to injury or death.
Licenses to carry handguns are either "qualified" or "unlimited." Ind. Code Ann. § 35-47-2-4(a). A qualified license will be issued for hunting and target practice only. Id. An unlimited license shall be issued for the purpose of the protection of life and property. Id.
The process for obtaining a license to carry a handgun is detailed in sections 35-47-2-3 through 35-47-2-6 of the Indiana Code and 240 Ind. Admin. Code 3-1-1.
Indiana Code Annotated § 35-47-2-4(b), as amended by 2006 Ind. House Enrolled Act No. 1176, requires payment of the following fees for a license to carry a handgun:
A $5 fee for a qualified four-year license, a $30 fee for an unlimited four-year license; For persons who currently possess a valid Indiana handgun license, a $20 fee for a lifetime qualified license, and a $60 fee for a lifetime unlimited license; and For persons who do not currently possess a valid Indiana handgun license, a $25 fee for a lifetime qualified license, and a $75 fee for a lifetime unlimited license.
In addition, Section 35-47-2-3(b)(1), as amended by 2006 Ind. House Enrolled Act No. 1176 provides that the following fees must accompany an application for a license to carry a handgun:
For a four-year license, a $10 fee, $5 of which is refunded if the license is not issued; For a lifetime license for someone who currently possesses a valid Indiana handgun license, a $40 fee, $30 of which is refunded if the license is not issued; and For a lifetime license for someone who does not currently possess a valid Indiana handgun license, a $50 fee, $30 of which is refunded if the license is not issued.
Under section 35-47-2-3(f), the Superintendent must include information concerning handgun safety rules with every issued license, that:
Neither opposes nor supports an individual’s right to bear arms; Is recommended by a nonprofit educational organization that is dedicated to providing education on safe handling and use of firearms; Is prepared by the ISP; and Is approved by the Superintendent.
Section 35-47-2-5(b) provides that handgun license holders will have their licenses immediately suspended or revoked by the Superintendent based on documented evidence that a person is not a "proper person" to be licensed (see § 35-47-1-7) or is generally prohibited from being issued a license under section 35-47-2-3(g)(5). 240 Ind. Admin. Code 3-2-1 and 3-3-1 describe the procedures for suspension and revocation of a handgun license.
Disclosure or Use of Information
Under Indiana Code Annotated § 10-13-3-31(a), "a criminal justice agency that maintains criminal history data, upon request and proper identification of the person about whom criminal history data is maintained, shall provide that person with a copy of the person’s criminal history data for a reasonable fee." Any person may challenge the information contained in his or her criminal history data file. Section 10-13-3-31(b).
Duration & Renewal
A license to carry a handgun is valid for a period of four years from the date of issue in the case of a "four (4) year license," but for the lifetime of the individual in the case of a "lifetime license." Ind. Code Ann. §§ 35-47-2-3(e) and 35-47-2-4(a), as amended by 2006 Ind. House Enrolled Act No. 1176. The licenses of police officers, sheriffs or their deputies, and law enforcement officers of the United States government who have been honorably retired by a lawfully created pension board or its equivalent after 20 or more years of service are lifetime licenses. Section 35-47-2-3(e). However, lifetime licenses are automatically revoked if the license holder does not remain a "proper person" to carry a handgun. Id.
Location Limits
Persons with a license to carry a handgun cannot possess a handgun:
Licensees also cannot carry in child caring institutions. See 465 Ind. Admin. Code 2-9-80(b)(3); 465 Ind. Admin. Code 2-10-79(b)(3); 465 Ind. Admin. Code 2-11-80(b)(3); 465 Ind. Admin. Code 2-12-78(b)(3); 465 Ind. Admin. Code 2-13-77(b)(3). In addition, child care centers must prominently post in places regularly viewed by parents prohibitions against the use or possession of firearms, unless required as a condition of employment. 470 Ind. Admin Code 3-4.7-19(a)(5)(C).
Reciprocity
Licenses to carry handguns,
issued by other states or foreign countries, will be
recognized according to the terms in the license and of the
issuing state or country, but only while the holders are not
residents of
Indiana. Ind. Code Ann. § 35-47-2-21(b).
Also, if
the applicant is a resident of another state and has a regular
place of business or employment in Indiana, he or she must
apply for an Indiana license to carry a handgun to the sheriff
of the county in which the applicant has a regular place of
business or employment.
Section 35-47-2-3(a)(3).
Brady Exemption
Concealed weapons permit holders in Indiana are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF’s exempt status determination for a given state is subject to change without notice.
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).
Although Indiana Code Annotated § 35-47-2.5-1 specifically excludes Indiana residents licensed to carry handguns from the handgun sales requirements of Chapter 35-47-2.5, the Indiana State Police have stated that this statute became inoperative on October 1, 2003, when Indiana licenses to carry a handgun ceased being an alternative to background checks under the federal Brady Act.
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Indiana provides that a child’s parent or legal guardian who knowingly, intentionally, or recklessly permits the child (defined as a person under age 18; see Ind. Code Ann. § 35-47-10-3) to possess a firearm, either:
While aware of a substantial risk that the child will use the firearm to commit a felony; and While failing to make reasonable efforts to prevent the use of a firearm by the child to commit a felony; or When the child has been convicted of a crime of violence or has been adjudicated as a juvenile for an offense that would constitute a crime of violence if the child were an adult;
commits dangerous control of a child, a Class C felony. Section 35-47-10-7.
The offense is a Class B felony if the child’s parent or legal guardian has a prior conviction under this section. Id.
In addition, an adult who knowingly, intentionally, or recklessly provides a firearm to a child for any purpose other than those described in section 35-47-10-1 (exceptions to the child possession and transfer restrictions), with or without remuneration, commits "dangerous control of a firearm," a Class C felony. Section 35-47-10-6. The offense rises to a Class B felony if the adult has a prior conviction under this section. Id.
A child who knowingly, intentionally, or recklessly provides a firearm to another child with or without remuneration for any purpose other than those described in section 35-47-10-1, with or without remuneration, commits "dangerous possession of a firearm," a Class A misdemeanor. Section 35-47-10-5(2). The offense rises to a Class C felony if the child has a prior conviction under this section. Id.
Firearms in youth camps must be locked in cabinets or buildings. 410 Ind. Admin. Code 6-7.2-21(g). Caregivers in child care homes must keep all ammunition and firearms in a locked area inaccessible to children whenever children are present. 470 Ind. Admin. Code 3-1.1-48(e). Providers at certain child care facilities must ensure that firearms and ammunition are secured in a locked area, by key or combination, where children cannot gain access. 470 Ind. Admin. Code 3-18-10(a).
See also Estate of Heck v. Stoffer, 786 N.E.2d 265, 270 (Ind. 2003), where the Supreme Court of Indiana found that state public policy supports a duty to "store and keep guns safely." Based upon the significant number of gun-related crimes, the ease of securing a firearm in the home, and the Legislature’s adoption of a "significant number of statutes govern[ing] the sale, use and possession of firearms," the court found that "public policy favors the safe storage of firearms." Id.
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Indiana Code Annotated § 35-47-2-14 requires that any person who sells, trades, transfers, exposes
for sale, trade or transfer, or possesses with intent to sell,
trade or transfer any handgun must possess, and display at all
times, a retail handgun dealer’s license per
sections 35-47-2-15 and 16. Violators are criminally liable for a
Class B misdemeanor. Section 35-47-2-14. Individuals
seeking such a dealer’s license must apply for the license
under the provisions of
section 35-47-2-15(a), (b).
Under section 35-47-2-15(c), no retail dealer’s license will be issued to any person who has been:
Convicted of a felony in any state or country; or Adjudicated a delinquent child for an act that would be a felony if committed by an adult in any state or country, if the person applying for the retail dealer’s license is less than 23 years of age.
Dealer licenses are valid for two years from the date of issue. Section 35-47-2-15(b).
A retail dealer’s business shall be carried on only in the site designated in the license, and a separate license shall be required for each separate retail outlet. Section 35-47-2-16(a). The license itself must be displayed on the business premises in a prominent place where it can be seen easily by prospective customers. Section 35-47-2-16(b). In addition, no handgun shall be sold in violation of any provision of Chapter 35-47-2, or under any circumstances unless the purchaser is personally known to the seller or presents clear evidence of his or her identity. Section 35-47-2-16(c).
Penalties for violations of
Chapter 35-47-2 are listed under
section 35-47-2-23.
Under section 35-47-2.5-4(A), as amended by 2006 Ind. House Enrolled Act No. 1176, a dealer may not sell, rent, trade, or transfer from the dealer’s inventory a handgun to a person not licensed to carry a handgun under section 35-47-2-3 until the dealer has:
Obtained the completed and signed Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473, as specified in section 35-47-2.5-3, as amended by 2006 Ind. House Enrolled Act No. 1176; Contacted NICS by telephone or electronically to request a background check; and Received authorization from NICS to transfer the handgun to the prospective purchaser.
The dealer must record the NICS transaction number on the Form 4473 and retain that form for auditing purposes. Section 35-47-2.5-4(B), as amended by 2006 Ind. House Enrolled Act No. 1176.
Any dealer who knowingly or intentionally sells, rents, trades, or transfers a handgun in violation of Chapter 35-47-2.5 is criminally liable for a Class A misdemeanor. Section 35-47-2.5-13.
For laws applicable to both licensed and private firearm sellers, please see the Indiana Private/Secondary Sales section.
Federally Licensed Firearms Dealers
There are 1,383 federally licensed firearms dealers and pawnbrokers in Indiana. Federal firearms licensee totals for Indiana as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
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Under Indiana law, a retail dealer may display, sell, or transfer handguns at a gun show in accordance with Chapter 35-47-2 and federal law. Ind. Code Ann. § 35-47-2-16(d). Indiana uses the federal definition and corresponding regulations for gun shows, under 27 C.F.R. § 478.100.
For related information, see the Indiana Private/Secondary Sales section.
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Under
Indiana Code Annotated § 34-12-3-3, a person may not bring an action
against a firearms or ammunition manufacturer, trade
association, or seller for:
Recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing or sale of a firearm or ammunition; or Recovery of damages resulting from the criminal or unlawful misuse of a firearm or ammunition by a third party.
Furthermore, if a court finds that a party has brought an action under a theory of recovery described in section 34-12-3-3, the finding constitutes conclusive evidence that the action is groundless. Section 34-12-3-4. Upon this finding, a court shall dismiss the claims or action and award to the defendant any reasonable attorney’s fee and costs incurred in defending the claims or action. Id.
However, under section 34-12-3-5, any person may bring an action against a firearms or ammunition manufacturer, trade association, or seller for recovery of damages for:
Breach of contract or warranty concerning firearms or ammunition purchased by a person; Damage or harm to a person or to property owned or leased by a person caused by a defective firearm or ammunition; or Injunctive relief to enforce a valid statute, rule, or ordinance. However, a person may not bring an action seeking injunctive relief if that action is barred under section 34-12-3-3.
In addition, section 34-30-20-1 provides that a person is immune from civil liability based on an act or omission related to the use of a firearm or ammunition by another person if the other person directly or indirectly obtained the firearm or ammunition through the commission of a burglary (§ 35-43-2-1), robbery (§ 35-42-5-1), theft (§ 35-43-4-2), receiving stolen property (§ 35-43-4-2), or criminal conversion (§ 35-43-4-3).
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
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No
relevant statutes currently exist.
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No
relevant statutes currently exist.
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No
relevant statutes currently exist.
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No relevant statutes currently exist. For provisions related to the safe storage of firearms, see the Indiana Child Access Prevention section.
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A license
to carry a handgun shall not be issued to any person who is
under age 18, or is under age 23 if the person has been
adjudicated a delinquent child for an act that would be a
felony if committed by an adult. Ind. Code Ann. § 35-47-2-3(g)(3), (4).
Pursuant to section 35-47-10-5, a child (defined as a person under age 18) who knowingly, intentionally, or recklessly: (1) possesses a firearm for any purpose other than those described in section 35-47-10-1; or (2) sells or otherwise provides a firearm to another child for any purpose other than a purpose described in section 35-47-10-1 commits a Class A misdemeanor. The offense rises to a Class C felony if the child has a prior conviction under this section. Section 35-47-10-5.
Section 35-47-10-1 provides a list of exceptions to the child possession and transfer restrictions of section 35-47-10-5.
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No
relevant statutes currently exist.
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No
relevant statutes currently exist.
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Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Indiana, although federal and state purchaser prohibitions still apply. Indiana Code Annotated § 35-47-2-8 specifically notes that the handgun sales regulations under Chapter 35-47-2 (i.e., the prohibited purchaser provisions) apply equally to an occasional sale, trade, or transfer between individual persons and to retail transactions between dealers and individual persons. See the Indiana Background Checks section.
Pursuant to section 35-47-2-7(a), a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon to any person under age 18, except an individual acting within a parent-minor child or guardian-minor protected person relationship, or any other individual who is also acting in compliance with section 35-47-10 (provisions relating to children and firearms).
Under section 35-47-2-7(b), it is unlawful for a person to sell, give, or in any manner transfer the ownership or possession of a handgun to another individual who the person has reasonable cause to believe:
Section 35-47-2.5-14(b) provides that a person is criminally liable for a Class D felony if he or she purchases a handgun with the intent to:
Resell or otherwise transfer the handgun to another person who the transferor knows or has reason to believe is ineligible for any reason to purchase or otherwise receive a handgun; or Transport the handgun out of the state to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm.
If a violation of section 35-47-2.5-14 involves a transfer of more than one handgun, the offense rises to a Class C felony. Section 35-47-2.5-14(c).
Any person who sells, barters, gives, or delivers any deadly weapon to any person in a state of intoxication, knowing him or her to be in a state of intoxication, or to any person who is in the habit of becoming intoxicated, and knowing him or her to be a person who is in the habit of becoming intoxicated, commits a Class B misdemeanor. Section 35-47-4-1.
Although section 35-47-2.5-1 specifically excludes Indiana residents licensed to carry handguns from the handgun sales requirements of Chapter 35-47-2.5, the Indiana State Police have stated that this statute became inoperative on October 1, 2003, when Indiana licenses to carry a handgun ceased being an alternative to background checks under the federal Brady Act. See the Indiana Carrying Firearms section.
The Indiana Code does not address the private sale of rifles or shotguns.
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Handguns may be voluntarily registered with local law enforcement. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005).
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No relevant statutes currently exist.
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