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Indiana Gun Laws

last updated: March 1, 2017

Gun laws are posted here as a courtesy only and are updated as often as possible. Please check with the actual state website for any additions / revisions to law that may have been made. Up to date information can be found at http://iga.in.gov/legislative/laws/2016/ic/.

Indiana Constitution Article I, Section 32

The people shall have a right to bear arms, for the defense of themselves and the State.

TITLE 34 - CIVIL LAW AND PROCEDURE

Article 28 - SPECIAL PROCEEDINGS: Miscellaneous Civil Proceedings And Remedies

CHAPTER 7 - Possession Of Firearms And Ammunition In Locked Vehicles

§34-28-7-1 - Application

This chapter applies only to possession of a firearm or ammunition by an individual who may possess the firearm or ammunition legally. This chapter does not apply to the possession of a firearm, ammunition, or other device for which an individual must possess a valid federal firearms license issued under 18 U.S.C. 923 to possess the firearm, ammunition, or other device.

As added by P.L.90-2010, SEC.7.

§34-28-7-2 - (2014) Regulation of employees' firearms and ammunition by employers
  1. Notwithstanding any other law and except as provided in subsection (b), a person may not adopt or enforce an ordinance, a resolution, a policy, or a rule that:
    1. prohibits; or
    2. has the effect of prohibiting; an employee of the person, including a contract employee, from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle.
  2. Subsection (a) does not prohibit the adoption or enforcement of an ordinance, a resolution, a policy, or a rule that prohibits or has the effect of prohibiting an employee of the person, including a contract employee, from possessing a firearm or ammunition:
    1. 1. on the property of:
      1. a child caring institution;
      2. an emergency shelter care child caring institution;
      3. a private secure facility;
      4. a group home;
      5. an emergency shelter care group home; or
      6. a child care center; in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465 IAC 2-11-80, 465 IAC 2-12-78, 465 IAC 2-13-77, or 470 IAC 3-4.7-19;
    2. 2. on the property of a penal facility (as defined in IC 35-31.5-2-232);
    3. 3. in violation of federal law;
    4. 4. in or on property belonging to an approved postsecondary educational institution (as defined in IC 21-7-13-6(b));
    5. 5. on the property of a domestic violence shelter;
    6. 6. at the employer's residence;
    7. 7. on the property of a person that is:
      1. subject to the United States Department of Homeland Security's Chemical Facility Anti-Terrorism Standards issued April 9, 2007; and
      2. licensed by the United States Nuclear Regulatory Commission under Title 10 of the Code of Federal Regulations;
    8. 8. on property owned by:
      1. a public utility (as defined in IC 8-1-2-1) that generates and transmits electric power; or
      2. a department of public utilities created under IC 8-1-11.1; or
    9. 9. in the employee's personal vehicle if the employee, including a contract employee, is a direct support professional who:
      1. works directly with individuals with developmental disabilities to assist the individuals to become integrated into the individuals' community or least restrictive environment; and
      2. uses the employee's personal vehicle while transporting an individual with developmental disabilities.

As added by P.L.90-2010, SEC.7. Amended by P.L.114-2012, SEC.66; P.L. 229-2014, SEC. 1.

§34-28-7-3 - Civil actions
  1. An individual who believes that the individual has been harmed by a violation of section 2 of this chapter may bring a civil action against the person who is alleged to have violated section 2 of this chapter, other than a person set forth in IC 34-6-2-103(j)(2).
  2. If a person is found by a court, in an action brought under subsection (a), to have violated section 2 of this chapter, the court may do the following:
    1. Award:
      1. actual damages; and
      2. court costs and attorney's fees; to the prevailing individual.
    2. Enjoin further violations of this chapter.

As added by P.L.90-2010, SEC.7.

§34-28-7-4 - Other rights and remedies

This chapter does not limit a person's rights or remedies under any other state or federal law.

As added by P.L.90-2010, SEC.7.

§34-28-7-5 - Jurisdiction over action against employer

A court does not have jurisdiction over an action brought against an employer who is in compliance with section 2 of thischapter for any injury or damage resulting from the employer's compliance with section 2 of this chapter.

As added by P.L.90-2010, SEC.7.

CHAPTER 8 - Disclosure Of Firearm Or Ammunition Information As A Condition Of Employment

§34-28-8-1 - "Firearm"

As used in this chapter, "firearm" has the meaning set forth in IC 35-47-1-5.

As added by P.L.17-2011, SEC.2.

§34-28-8-2 - "Political subdivision"

As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.

As added by P.L.17-2011, SEC.2.

§34-28-8-3 - "Private employer"

As used in this chapter, "private employer" means:

  1. an individual;
  2. a partnership;
  3. a firm;
  4. an association;
  5. a corporation; or
  6. a nonprofit organization; that employs or offers to employ one (1) or more individuals in Indiana.

As added by P.L.17-2011, SEC.2.

§34-28-8-4 - "Public employer"

As used in this chapter, "public employer" means:

  1. the state; or
  2. a political subdivision; including, but not limited to, a department, agency, board, commission, institution, authority, or instrumentality of the state or a political subdivision.

As added by P.L.17-2011, SEC.2.

§34-28-8-5 - "Public official"

As used in this chapter, "public official" means an elected or appointed official in the executive, legislative, or judicial branch of the state or a political subdivision, as well as an individual acting on behalf of a public employer, whether temporarily or permanently, including but not limited to, members of boards, committees, commissions, authorities, and other instrumentalities of the state or a political subdivision.

As added by P.L.17-2011, SEC.2.

§34-28-8-6 - Disclosure of firearm or ammunition information to employer or potential employer

A public or private employer doing business in Indiana may not:

  1. require an applicant for employment or an employee to disclose information about whether the applicant or employee owns, possesses, uses, or transports a firearm or ammunition, unless the disclosure concerns the possession, use, or transportation of a firearm or ammunition that is used in fulfilling the duties of the employment of the individual; or
  2. condition employment, or any rights, benefits, privileges, or opportunities offered by the employment, upon an agreement that the applicant for employment or the employee forego the:
    1. rights of the applicant or employee under this chapter; or
    2. otherwise lawful:
      1. ownership;
      2. possession;
      3. storage;
      4. transportation; or
      5. use; of a firearm or ammunition.

As added by P.L.17-2011, SEC.2.

§34-28-8-7 - Civil action by employee or potential employee authorized when required to divulge firearm or ammunition information
  1. An individual aggrieved by what the individual believes is a violation of section 6 of this chapter may bring a civil action in a court with jurisdiction against a public or private employer or a public official that is alleged to have violated section 6 of this chapter.
  2. If a person is found by a court in an action brought under subsection (a) to have violated section 6 of this chapter, the court may do the following:
    1. Award:
      1. actual damages;
      2. court costs and attorney's fees; and
      3. in the case of a knowing and willful violation, exemplary or punitive damages; to the prevailing plaintiff.
    2. Enjoin further violations of this chapter.

As added by P.L.17-2011, SEC.2.

§34-28-8-8 - Tort claim exception; when not allowed

IC 34-13-3 does not apply whenever:

  1. a public employer or public official is sued for civil damages; and
  2. the civil action arises out of a violation of section 6 of thischapter.

As added by P.L.17-2011, SEC.2.

§34-28-8-9 - Regulation or prohibition of firearm possession or carrying a firearm by employee; when authorized

Notwithstanding section 6 of this chapter, this chapter does not prohibit a public or private employer from:

  1. regulating or prohibiting the possession or carrying of a firearm by an employee during and in the course of the duties of the employee on behalf of the employer or while on the property of the employer; or
  2. enforcing a regulation or prohibition adopted under subdivision (1).

However, a regulation or prohibition adopted under subdivision (1) may not apply to a firearm stored or transported in accordance with IC 34-28-7.

As added by P.L.17-2011, SEC.2.

Article 30 - IMMUNITY FROM CIVIL LIABILITY

CHAPTER 20 - Immunity for Misuse of a Firearm or Ammunition by a Person Other Than the Owner

§34-30-20-1 - Owner immunity for misuse of a firearm by a person who acquires the firearm by criminal act

A person is immune from civil liability based on an act or omission related to the use of a firearm or ammunition for a firearm by another person if the other person directly or indirectly obtained the firearm or ammunition for a firearm through the commission of the following:

  1. Burglary (IC 35-43-2-1).
  2. Robbery (IC 35-42-5-1).
  3. Theft (IC 35-43-4-2).
  4. Receiving stolen property (IC 35-43-4-2).
  5. Criminal conversion (IC 35-43-4-3).

As added by P.L.80-2004, SEC.5.

§34-30-20-2 - Severability

The provisions of this chapter are severable. If this chapter or any part of this chapter is found to violate the United States Constitution or the Constitution of the State of Indiana, or is held invalid for any other reason, the validity of the remainder of this chapter shall not be affected.

As added by P.L.80-2004, SEC.5.

TITLE 35 - CRIMINAL LAW AND PROCEDURE

Article 31.5 - DEFINITIONS CHAPTER 2 - Definitions

Article 41 - SUBSTANTIVE CRIMINAL PROVISIONS

CHAPTER 3 - Defenses Relating To Culpability

§35-41-3-1 - Legal authority

A person is justified in engaging in conduct otherwise prohibited if he has legal authority to do so.

As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.7.

§35-41-3-2 - Use of force to protect person or property
  1. In enacting this section, the general assembly finds and declares that it is the policy of this state to recognize the unique character of a citizen's home and to ensure that a citizen feels secure in his or her own home against unlawful intrusion by another individual or a public servant. By reaffirming the long standing right of a citizen to protect his or her home against unlawful intrusion, however, the general assembly does not intend to diminish in any way the other robust self defense rights that citizens of this state have always enjoyed. Accordingly, the general assembly also finds and declares that it is the policy of this state that people have a right to defend themselves and third parties from physical harm and crime. The purpose of this section is to provide the citizens of this state with a lawful means of carrying out this policy.
  2. As used in this section, "public servant" means a person described in IC 35-31.5-2-129 or IC 35-31.5-2-185.
  3. A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
    1. is justified in using deadly force; and
    2. does not have a duty to retreat; if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
  4. A person:
    1. is justified in using reasonable force, including deadly force, against any other person; and
    2. does not have a duty to retreat; if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.
  5. With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against any other person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect. However, a person:
    1. is justified in using deadly force; and
    2. does not have a duty to retreat; only if that force is justified under subsection (c).
  6. A person is justified in using reasonable force, including deadly force, against any other person and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent or stop the other person from hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight. For purposes of this subsection, an aircraft is considered to be in flight while the aircraft is:
    1. on the ground in Indiana:
      1. after the doors of the aircraft are closed for takeoff; and
      2. until the aircraft takes off;
    2. in the airspace above Indiana; or
    3. on the ground in Indiana:
      1. after the aircraft lands; and
      2. before the doors of the aircraft are opened after landing.
  7. Notwithstanding subsections (c) through (e), a person is not justified in using force if:
    1. the person is committing or is escaping after the commission of a crime;
    2. the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or
    3. the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action.
  8. Notwithstanding subsection (f), a person is not justified in using force if the person:
    1. is committing, or is escaping after the commission of, a crime;
    2. provokes unlawful action by another person, with intent to cause bodily injury to the other person; or
    3. continues to combat another person after the other person withdraws from the encounter and communicates the other person's intent to stop hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight.
  9. A person is justified in using reasonable force against a public servant if the person reasonably believes the force is necessary to:
    1. protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force;
    2. prevent or terminate the public servant's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle; or
    3. prevent or terminate the public servant's unlawful trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect.
  10. Notwithstanding subsection (i), a person is not justified in using force against a public servant if:
    1. the person is committing or is escaping after the commission of a crime;
    2. the person provokes action by the public servant with intent to cause bodily injury to the public servant;
    3. the person has entered into combat with the public servant or is the initial aggressor, unless the person withdraws from the encounter and communicates to the public servant the intent to do so and the public servant nevertheless continues or threatens to continue unlawful action; or
    4. the person reasonably believes the public servant is:
      1. acting lawfully; or
      2. engaged in the lawful execution of the public servant's official duties.
  11. A person is not justified in using deadly force against a public servant whom the person knows or reasonably should know is a public servant unless:
    1. the person reasonably believes that the public servant is:
      1. acting unlawfully; or
      2. not engaged in the execution of the public servant's official duties; and
    2. the force is reasonably necessary to prevent serious bodily injury to the person or a third person.

As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.8; Acts 1979, P.L.297, SEC.1; P.L.59-2002, SEC.1; P.L.189-2006, SEC.1; P.L.161-2012, SEC.1; P.L.13-2013, SEC.139.

§35-41-3-3 - Use of force relating to arrest or escape
  1. A person other than a law enforcement officer is justified in using reasonable force against another person to effect an arrest or prevent the other person's escape if:
    1. a felony has been committed; and
    2. there is probable cause to believe the other person committed that felony. However, such a person is not justified in using deadly force unless that force is justified under section 2 of this chapter.
  2. A law enforcement officer is justified in using reasonable force if the officer reasonably believes that the force is necessary to effect a lawful arrest. However, an officer is justified in using deadly force only if the officer:
    1. has probable cause to believe that that deadly force is necessary:
      1. to prevent the commission of a forcible felony; or
      2. to effect an arrest of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person; and
    2. has given a warning, if feasible, to the person against whom the deadly force is to be used.
  3. A law enforcement officer making an arrest under an invalid warrant is justified in using force as if the warrant was valid, unless the officer knows that the warrant is invalid.
  4. A law enforcement officer who has an arrested person in custody is justified in using the same force to prevent the escape of the arrested person from custody that the officer would be justified in using if the officer was arresting that person. However, an officer is justified in using deadly force only if the officer:
    1. has probable cause to believe that deadly force is necessary to prevent the escape from custody of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person; and
    2. has given a warning, if feasible, to the person against whom the deadly force is to be used.
  5. A guard or other official in a penal facility or a law enforcement officer is justified in using reasonable force, including deadly force, if the officer has probable cause to believe that the force is necessary to prevent the escape of a person who is detained in the penal facility.
  6. Notwithstanding subsection (b), (d), or (e), a law enforcement officer who is a defendant in a criminal prosecution has the same right as a person who is not a law enforcement officer to assert self-defense under IC 35-41-3-2.

As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,P.L.340, SEC.9; Acts 1979, P.L.297, SEC.2; P.L.245-1993, SEC.1.

Article 47 - WEAPONS AND INSTRUMENTS OF VIOLENCE

CHAPTER 1 - Definitions

§35-47-1-1 - Application of definitions in chapter

Except as otherwise provided, the definitions in this chapter apply throughout this article.

As added by P.L.311-1983, SEC.32. Amended by P.L.6-2012, SEC.230.

§35-47-1-2 - "Alcohol abuser"

"Alcohol abuser" means an individual who has had two (2) or more alcohol related offenses, any one (1) of which resulted in conviction by a court or treatment in an alcohol abuse facility within three (3) years prior to the date of the application.

As added by P.L.311-1983, SEC.32.

§35-47-1-2.5 - "Ammunition"

"Ammunition", for purposes of IC 35-47-11.1, means:

  1. fixed cartridge ammunition;
  2. shotgun shells;
  3. the individual components of fixed cartridge ammunition and shotgun shells;
  4. projectiles for muzzle loading firearms; and
  5. any propellant used in a firearm or in firearm ammunition.

As added by P.L.152-2011, SEC.2.

§35-47-1-3 - "Dealer"

"Dealer" means any person who holds himself out as a buyer and seller of handguns on a regular and continuing basis.

As added by P.L.311-1983, SEC.32.

§35-47-1-4 - "Drug abuser"

"Drug abuser" means an individual who has had two (2) or more violations of IC 35-48-1, IC 35-48-2, IC 35-48-3, or IC 35-48-4, any one (1) of which resulted in conviction by a court or treatment in a drug abuse facility within five (5) years prior to the date of application.

As added by P.L.311-1983, SEC.32.

§35-47-1-5 - "Firearm"

"Firearm" means any weapon:

  1. that is:
    1. capable of expelling; or
    2. designed to expel; or
  2. that may readily be converted to expel a projectile by means of an explosion.

As added by P.L.311-1983, SEC.32. Amended by P.L.3-2008, SEC.254.

§35-47-1-5.1 - "Firearm accessory"

"Firearm accessory" means:

  1. any device specifically adapted to enable:
    1. the wearing or carrying about one's person; or
    2. the storage or mounting in or on any conveyance; of a firearm; and
  2. any attachment or device specifically adapted to be inserted into or affixed onto any firearm to enable, alter, or improve the functioning or capabilities of the firearm.

As added by P.L.152-2011, SEC.3.

§35-47-1-5.5 - "Gun show"

"Gun show" has the meaning set forth in 27 CFR 478.100.

As added by P.L.148-1987, SEC.2. Amended by P.L.1-2006, SEC.534.

§35-47-1-6 - "Handgun"

"Handgun" means any firearm:

  1. designed or adapted so as to be aimed and fired from one (1) hand, regardless of barrel length; or
  2. any firearm with:
    1. a barrel less than sixteen (16) inches in length; or
    2. an overall length of less than twenty-six (26) inches.

As added by P.L.311-1983, SEC.32.

§35-47-1-7 - "Proper person"

"Proper person" means a person who:

  1. does not have a conviction for resisting law enforcement under IC 35-44.1-3-1 within five (5) years before the person applies for a license or permit under this chapter;
  2. does not have a conviction for a crime for which the person could have been sentenced for more than one (1) year;
  3. does not have a conviction for a crime of domestic violence (as defined in IC 35-31.5-2-78), unless a court has restored the person's right to possess a firearm under IC 35-47-4-7;
  4. is not prohibited by a court order from possessing a handgun;
  5. does not have a record of being an alcohol or drug abuser as defined in this chapter;
  6. does not have documented evidence which would give rise to a reasonable belief that the person has a propensity for violent or emotionally unstable conduct;
  7. does not make a false statement of material fact on the person's application;
  8. does not have a conviction for any crime involving an inability to safely handle a handgun;
  9. does not have a conviction for violation of the provisions of this article within five (5) years of the person's application;
  10. 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 under this chapter is less than twenty-three (23) years of age;
  11. has not been involuntarily committed, other than a temporary commitment for observation or evaluation, to a mental institution by a court, board, commission, or other lawful authority;
  12. has not been the subject of a:
    1. ninety (90) day commitment as a result of proceeding under IC 12-26-6; or
    2. regular commitment under IC 12-26-7; or
  13. has not been found by a court to be mentally incompetent, including being found:
    1. not guilty by reason of insanity;
    2. guilty but mentally ill; or
    3. incompetent to stand trial.

As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984, SEC.1; P.L.148-1987, SEC.3; P.L.269-1995, SEC.5; P.L.49-2005, SEC.1; P.L.118-2007, SEC.34; P.L.127-2011, SEC.3; P.L.114-2012, SEC.139; P.L.126-2012, SEC.57.

§35-47-1-8 - "Proper reason"

"Proper reason" means for the defense of oneself or the state of Indiana.

As added by P.L.311-1983, SEC.32.

§35-47-1-9 - "Retail"

"Retail" means the sale of handguns singly or in small quantities to one who intends to be the ultimate user thereof.

As added by P.L.311-1983, SEC.32.

§35-47-1-10 - (Repealed by P.L.84-2015, SEC 3.)

§35-47-1-11 - "Shotgun"

"Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

As added by P.L.311-1983, SEC.32.

§35-47-1-12 - "Superintendent"

"Superintendent" refers to the superintendent of the Indiana state police department.

As added by P.L.311-1983, SEC.32.

§35-47-1-13 - "Wholesale"

"Wholesale" means the sale of handguns singly or in bulk lots to one lawfully licensed to deal in handguns, or the sale of a handgun to a governmental law enforcement agency for issue to its employees.

As added by P.L.311-1983, SEC.32.

CHAPTER 2 - Regulation of Handguns

§35-47-2-0.1 - (Repealed by P.L.63-2012, SEC.72.)

§35-47-2-1 - (2013) Carrying a handgun without being licensed; exceptions; person convicted of domestic battery
  1. Except as provided in subsections (b) and (c) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body without being licensed under this chapter to carry a handgun.
  2. Except as provided in subsection (c), a person may carry a handgun without being licensed under this chapter to carry a handgun if:
    1. the person carries the handgun on or about the person's body in or on property that is owned, leased, rented, or otherwise legally controlled by the person;
    2. the person carries the handgun on or about the person's body while lawfully present in or on property that is owned, leased, rented, or otherwise legally controlled by another person, if the person:
      1. has the consent of the owner, renter, lessor, or person who legally controls the property to have the handgun on the premises;
      2. is attending a firearms related event on the property, including a gun show, firearms expo, gun owner's club or convention, hunting club, shooting club, or training course; or
      3. is on the property to receive firearms related services, including the repair, maintenance, or modification of a firearm;
    3. the person carries the handgun in a vehicle that is owned, leased, rented, or otherwise legally controlled by the person, if the handgun is:
      1. unloaded;
      2. not readily accessible; and
      3. secured in a case;
    4. the person carries the handgun while lawfully present in a vehicle that is owned, leased, rented, or otherwise legally controlled by another person, if the handgun is:
      1. unloaded;
      2. not readily accessible; and
      3. secured in a case; or
    5. the person carries the handgun:
      1. at a shooting range (as defined in IC 14-22-31.5-3);
      2. while attending a firearms instructional course; or
      3. while engaged in a legal hunting activity.
  3. Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun.
  4. This section may be not construed:
    1. to prohibit a person who owns, leases, rents, or otherwise legally controls private property from regulating or prohibiting the possession of firearms on the private property;
    2. to allow a person to adopt or enforce an ordinance, resolution, policy, or rule that:
      1. prohibits; or
      2. has the effect of prohibiting;
      an employee of the person from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle, unless the person's adoption or enforcement of the ordinance, resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
    3. to allow a person to adopt or enforce a law, statute, ordinance, resolution, policy, or rule that allows a person to possess or transport a firearm or ammunition if the person is prohibited from possessing or transporting the firearm or ammunition by state or federal law.
  5. A person who knowingly or intentionally violates this section commits a Class A misdemeanor. However, the offense is a Level 5 felony:
    1. if the offense is committed:
      1. on or in school property;
      2. within five hundred (500) feet of school property; or
      3. on a school bus; or
    2. if the person:
      1. has a prior conviction of any offense under:>
        1. this section; or
        2. section 22 of this chapter; or
      2. has been convicted of a felony within fifteen (15) years before the date of the offense.

As added by P.L.311-1983, SEC.32. Amended by P.L.326-1987, SEC.1; P.L.195-2003, SEC.6; P.L.98-2004, SEC.155; P.L.118-2007, SEC.35; P.L.164-2011, SEC.1; P.L.6-2012, SEC.231; P.L.158-2013, SEC.573.

§35-47-2-2 - Excepted persons

Section 1 of this chapter does not apply to:

  1. marshals;
  2. sheriffs;
  3. the commissioner of the department of correction or persons authorized by the commissioner in writing to carry firearms;
  4. judicial officers;
  5. law enforcement officers;
  6. members of the armed forces of the United States or of the national guard or organized reserves while they are on duty;
  7. regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state who are at or are going to or from their place of assembly or target practice;
  8. employees of the United States duly authorized to carry handguns;
  9. employees of express companies when engaged in company business; or
  10. any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in the person's possession, using, or carrying a handgun in the usual or ordinary course of that business.

As added by P.L.311-1983, SEC.32. Amended by P.L.164-2011, SEC.2.

§35-47-2-3 - (2013) Application for license to carry handgun; procedure
  1. A person desiring a license to carry a handgun shall apply:
    1. to the chief of police or corresponding law enforcement officer of the municipality in which the applicant resides;
    2. if that municipality has no such officer, or if the applicant does not reside in a municipality, to the sheriff of the county in which the applicant resides after the applicant has obtained an application form prescribed by the superintendent; or
    3. if the applicant is a resident of another state and has a regular place of business or employment in Indiana, to the sheriff of the county in which the applicant has a regular place of business or employment.
    The superintendent and local law enforcement agencies shall allow an applicant desiring to obtain or renew a license to carry a handgun to submit an application electronically under this chapter if funds are available to establish and maintain an electronic application system.
  2. The law enforcement agency which accepts an application for a handgun license shall collect the following application fees:
    1. From a person applying for a four (4) year handgun license, a ten dollar ($10) application fee, five dollars ($5) of which shall be refunded if the license is not issued.
    2. From a person applying for a lifetime handgun license who does not currently possess a valid Indiana handgun license, a fifty dollar ($50) application fee, thirty dollars ($30) of which shall be refunded if the license is not issued.
    3. From a person applying for a lifetime handgun license who currently possesses a valid Indiana handgun license, a forty dollar ($40) application fee, thirty dollars ($30) of which shall be refunded if the license is not issued.
    Except as provided in subsection (h), the fee shall be deposited into the law enforcement agency's firearms training fund or other appropriate training activities fund and used by the agency to train law enforcement officers in the proper use of firearms or in other law enforcement duties, or to purchase firearms, firearm related equipment, or body armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers employed by the law enforcement agency. The state board of accounts shall establish rules for the proper accounting and expenditure of funds collected under this subsection.
  3. The officer to whom the application is made shall ascertain the applicant's name, full address, length of residence in the community, whether the applicant's residence is located within the limits of any city or town, the applicant's occupation, place of business or employment, criminal record, if any, and convictions (minor traffic offenses excepted), age, race, sex, nationality, date of birth, citizenship, height, weight, build, color of hair, color of eyes, scars and marks, whether the applicant has previously held an Indiana license to carry a handgun and, if so, the serial number of the license and year issued, whether the applicant's license has ever been suspended or revoked, and if so, the year and reason for the suspension or revocation, and the applicant's reason for desiring a license. The officer to whom the application is made shall conduct an investigation into the applicant's official records and verify thereby the applicant's character and reputation, and shall in addition verify for accuracy the information contained in the application, and shall forward this information together with the officer's recommendation for approval or disapproval and one (1) set of legible and classifiable fingerprints of the applicant to the superintendent.
  4. The superintendent may make whatever further investigation the superintendent deems necessary. Whenever disapproval is recommended, the officer to whom the application is made shall provide the superintendent and the applicant with the officer's complete and specific reasons, in writing, for the recommendation of disapproval.
  5. If it appears to the superintendent that the applicant:
    1. has a proper reason for carrying a handgun;
    2. is of good character and reputation;
    3. is a proper person to be licensed; and
    4. is:
      1. a citizen of the United States; or
      2. not a citizen of the United States but is allowed to carry a firearm in the United States under federal law;
    the superintendent shall issue to the applicant a qualified or an unlimited license to carry any handgun lawfully possessed by the applicant. The original license shall be delivered to the licensee. A copy shall be delivered to the officer to whom the application for license was made. A copy shall be retained by the superintendent for at least four (4) years in the case of a four (4) year license. The superintendent may adopt guidelines to establish a records retention policy for a lifetime license. A four (4) year license shall be valid for a period of four (4) years from the date of issue. A lifetime license is valid for the life of the individual receiving the license. The license 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 twenty (20) or more years of service, shall be valid for the life of these individuals. However, a lifetime license is automatically revoked if the license holder does not remain a proper person.
  6. At the time a license is issued and delivered to a licensee under subsection (e), the superintendent shall include with the license information concerning handgun safety rules that:
    1. neither opposes nor supports an individual's right to bear arms; and
    2. is:
      1. recommended by a nonprofit educational organization that is dedicated to providing education on safe handling and use of firearms;
      2. prepared by the state police department; and
      3. approved by the superintendent.
    The superintendent may not deny a license under this section because the information required under this subsection is unavailable at the time the superintendent would otherwise issue a license. The state police department may accept private donations or grants to defray the cost of printing and mailing the information required under this subsection.
  7. A license to carry a handgun shall not be issued to any person who:
    1. has been convicted of a felony;
    2. has had a license to carry a handgun suspended, unless the person's license has been reinstated;
    3. is under eighteen (18) years of age;
    4. is under twenty-three (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
    5. has been arrested for a Class A or Class B felony for an offense committed before July 1, 2014, for a Level 1, Level 2, Level 3, or Level 4 felony for an offense committed after June 30, 2014, 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.
    In the case of an arrest under subdivision (5), a license to carry a handgun may be issued to a person who has been acquitted of the specific offense charged or if the charges for the specific offense are dismissed. The superintendent shall prescribe all forms to be used in connection with the administration of this chapter.
  8. If the law enforcement agency that charges a fee under subsection (b) is a city or town law enforcement agency, the fee shall be deposited in the law enforcement continuing education fund established under IC 5-2-8-2.
  9. If a person who holds a valid license to carry a handgun issued under this chapter:
    1. changes the person's name;
    2. changes the person's address; or
    3. experiences a change, including an arrest or a conviction, that may affect the person's status as a proper person (as defined in IC 35-47-1-7) or otherwise disqualify the person from holding a license;
    the person shall, not later than thirty (30) days after the date of a change described under subdivision (3), and not later than sixty (60) days after the date of the change described under subdivision (1) or (2), notify the superintendent, in writing, of the event described under subdivision (3) or, in the case of a change under subdivision (1) or (2), the person's new name or new address.
  10. The state police shall indicate on the form for a license to carry a handgun the notification requirements of subsection (i). (k) The state police department shall adopt rules under IC 4-22-2 to implement an electronic application system under subsection (a). Rules adopted under this section must require the superintendent to keep on file one (1) set of classifiable and legible fingerprints from every person who has received a license to carry a handgun so that a person who applies to renew a license will not be required to submit an additional set of fingerprints.
  11. Except as provided in subsection (m), for purposes of IC 5-14-3-4(a)(1), the following information is confidential, may not be published, and is not open to public inspection:
    1. Information submitted by a person under this section to:
      1. obtain; or
      2. renew;
      a license to carry a handgun.
    2. Information obtained by a federal, state, or local government entity in the course of an investigation concerning a person who applies to:
      1. obtain; or
      2. renew;
      a license to carry a handgun issued under this chapter.
    3. The name, address, and any other information that may be used to identify a person who holds a license to carry a handgun issued under this chapter.
  12. Notwithstanding subsection (l):
    1. any information concerning an applicant for or a person who holds a license to carry a handgun issued under this chapter may be released to a federal, state, or local government entity:
      1. for law enforcement purposes; or
      2. to determine the validity of a license to carry a handgun; and
    2. general information concerning the issuance of licenses to carry handguns in Indiana may be released to a person conducting journalistic or academic research, but only if all personal information that could disclose the identity of any person who holds a license to carry a handgun issued under this chapter has been removed from the general information.
  13. A person who knowingly or intentionally violates this section commits a Class B misdemeanor.

As added by P.L.311-1983, SEC.32. Amended by P.L.26-1990, SEC.15; P.L.48-1993, SEC.5; P.L.140-1994, SEC.6; P.L.269-1995, SEC.6; P.L.2-1996, SEC.284; P.L.27-2001, SEC.1; P.L.120-2001, SEC.1; P.L.49-2005, SEC.2; P.L.187-2005, SEC.3; P.L.190-2006, SEC.2; P.L.155-2007, SEC.1; P.L.47-2010, SEC.1; P.L.34-2010, SEC.4; P.L.158-2013, SEC.574.

§35-47-2-4 - (2013) Qualified or unlimited licenses to carry handguns; fees; exemptions from payment of fees
  1. Licenses to carry handguns shall be either qualified or unlimited, and are valid for:
    1. four (4) years from the date of issue in the case of a four (4) year license; or
    2. the life of the individual receiving the license in the case of a lifetime license.
    A qualified license shall be issued for hunting and target practice. The superintendent may adopt rules imposing limitations on the use and carrying of handguns under a license when handguns are carried by a licensee as a condition of employment. Unlimited licenses shall be issued for the purpose of the protection of life and property.
  2. In addition to the application fee, the fee for:
    1. a qualified license shall be:
      1. five dollars ($5) for a four (4) year qualified license;
      2. twenty-five dollars ($25) for a lifetime qualified license from a person who does not currently possess a valid Indiana handgun license; or
      3. twenty dollars ($20) for a lifetime qualified license from a person who currently possesses a valid Indiana handgun license; and
    2. an unlimited license shall be:
      1. thirty dollars ($30) for a four (4) year unlimited license;
      2. seventy-five dollars ($75) for a lifetime unlimited license from a person who does not currently possess a valid Indiana handgun license; or
      3. sixty dollars ($60) for a lifetime unlimited license from a person who currently possesses a valid Indiana handgun license.
    The superintendent shall charge a twenty dollar ($20) fee for the issuance of a duplicate license to replace a lost or damaged license. These fees shall be deposited in accordance with subsection (e).
  3. Licensed dealers are exempt from the payment of fees specified in subsection (b) for a qualified license or an unlimited license.
  4. The following officers of this state or the United States who have been honorably retired by a lawfully created pension board or its equivalent after at least twenty (20) years of service or because of a disability are exempt from the payment of fees specified in subsection (b):
    1. Police officers.
    2. Sheriffs or their deputies.
    3. Law enforcement officers.
    4. Correctional officers.
  5. Fees collected under this section shall be deposited in the state general fund.
  6. The superintendent may not issue a lifetime qualified license or a lifetime unlimited license to a person who is a resident of another state. The superintendent may issue a four (4) year qualified license or a four (4) year unlimited license to a person who is a resident of another state and who has a regular place of business or employment in Indiana as described in section 3(a)(3) of this chapter.
  7. A person who knowingly or intentionally violates this section commits a Class B misdemeanor.

As added by P.L.311-1983, SEC.32. Amended by P.L.209-1986, SEC.1; P.L.148-1987, SEC.4; P.L.75-1989, SEC.9; P.L.190-2006, SEC.3; P.L.1-2007, SEC.235; P.L.155-2007, SEC.2; P.L.158-2013, SEC.575.

§35-47-2-5 - (2013) Suspension or revocation of license; failure to return license; rules concerning procedure for suspending or revoking license
  1. The superintendent may suspend or revoke any license issued under this chapter if the superintenden has reasonable grounds to believe that the person's license should be suspended or revoked.
  2. Documented evidence that a person is not a "proper person" to be licensed as defined by IC 35-47-1-7, or is prohibited under section 3(g)(5) of this chapter from being issued a license, shall be grounds for immediate suspension or revocation of a license previously issued under this chapter. However, if a license is suspended or revoked based solely on an arrest under section 3(g)(5) of this chapter, the license shall be reinstated upon the acquittal of the defendant in that case or upon the dismissal of the charges for the specific offense.
  3. A person who knowingly or intentionally fails to promptly return the person's license after written notice of suspension or revocation commits a Class A misdemeanor. The observation of a handgun license in the possession of a person whose license has been suspended or revoked constitutes a sufficient basis for the arrest of that person for violation of this subsection.
  4. The superintendent shall establish rules under IC 4-22-2 concerning the procedure for suspending or revoking a person's license.

As added by P.L.311-1983, SEC.32. Amended by P.L.140-1994, SEC.7; P.L.2-1996, SEC.285; P.L.120-2001, SEC.2; P.L.1-2006, SEC.535; P.L.158-2013, SEC.576.

§35-47-2-6 - Granting or rejecting initial application; renewals
  1. Every initial application for any license under this chapter shall be granted or rejected within sixty (60) days after the application is filed.
  2. The period during which an application for the renewal of an existing license may be filed begins three hundred sixty-five (365) days before the expiration of the existing license. If the application for renewal of an existing license is filed within thirty (30) days of its expiration, the existing license is automatically extended until the application for renewal is passed upon.

As added by P.L.311-1983, SEC.32. Amended by P.L.190-2006, SEC.4; P.L.47-2010, SEC.2.

§35-47-2-7 - (2014) Prohibited sales or transfers of ownership
  1. 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 IC 35-47-10 governing children and firearms, 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 eighteen (18) years of age.
  2. A person who knowingly or intentionally sells, gives, or in any other manner transfers the ownership or possession of a handgun to another person who the person knows:
    1. is ineligible for any reason other than the person's age to purchase or otherwise receive from a dealer a handgun; or
    2. intends to use the handgun to commit a crime; commits criminal transfer of a handgun, a Level 5 felony. However, the offense is a Level 3 felony if the other person uses the handgun to commit murder (IC 35-42-1-1).
  3. A person who purchases a handgun with the intent to:
    1. resell or otherwise provide the handgun to another person who the person knows is ineligible for any reason to purchase or otherwise receive from a dealer a handgun;
    2. resell or otherwise provide the handgun to another person who the person knows intends to use the handgun to commit a crime; or
    3. transport the handgun outside Indiana to be resold or otherwise provided to another person who the transferor knows:
      1. is ineligible to purchase or otherwise receive a handgun; or
      2. intends to use the handgun to commit a crime; commits the straw purchase of a handgun, a Level 5 felony. However, the offense is a Level 3 felony if the other person uses the handgun to commit murder (IC 35-42-1-1).
  4. As used in this subsection, "NICS" has the meaning set forth in IC 35-47-2.5-2.5. It is a defense to a prosecution under subsection (b)(1) that:
    1. the accused person contacted NICS (or had a dealer contact NICS on the person's behalf) to request a background check on the other person before the accused person sold, gave, or in any other manner transferred the ownership or possession of the handgun to the other person; and
    2. the accused person (or dealer acting on the person's behalf) received authorization from NICS to sell, give, or in any other manner transfer ownership or possession of the handgun to the other person.

As added by P.L.311-1983, SEC.32. Amended by P.L.33-1989, SEC.126; P.L.140-1994, SEC.8; P.L.269-1995, SEC.7; P.L.158-2013, SEC.577; P.L. 169-2014, SEC. 2.

§35-47-2-8 - Regulation of sale of handguns imposed by this chapter; application

The regulation of the sale of handguns imposed by this chapter shall apply equally to an occasional sale, trade, or transfer between individual persons and to retail transactions between dealers and individual persons.

As added by P.L.311-1983, SEC.32. Amended by P.L.17-1997, SEC.6.

§35-47-2-9 - (Repealed by P.L.17-1997, SEC.9.)

§35-47-2-10 - (Repealed by P.L.17-1997, SEC.9.)

§35-47-2-11 - (Repealed by P.L.17-1997, SEC.9.)

§35-47-2-12 - (Repealed by P.L.17-1997, SEC.9.)

§35-47-2-13 - (Repealed by P.L.17-1997, SEC.10.)

§35-47-2-14 - (2013) Necessity of retail handgun dealer's license; display

A retail dealer who knowingly or intentionally:

  1. sells;
  2. trades;
  3. transfers;
  4. exposes for sale, trade, or transfer; or
  5. possesses with intent to sell, trade, or transfer;

any handgun without being licensed under sections 15 and 16 of this chapter and without displaying the retail dealer's license at all times commits a Class B misdemeanor.

As added by P.L.311-1983, SEC.32. Amended by P.L.158-2013, SEC.578

§35-47-2-15 - Retail handgun dealer's license; application procedure
  1. A person desiring a retail handgun dealer's license shall apply to the sheriff of the county in which the person resides, or if the person is a resident of another state and has a regular place of business in Indiana, then to the sheriff of the county in which the person has a regular place of business. The applicant shall state the applicant's name, full address, occupation, sex, race, age, place of birth, date of birth, nationality, height, weight, build, color of eyes, color of hair, complexion, scars and marks, and any criminal record (minor traffic offenses excepted). The officer to whom the application is made shall verify the application and search the officer's records concerning the applicant's character and reputation.
  2. The officer to whom the application is made shall send to the superintendent:
    1. the verified application;
    2. the results of the officer's investigation; and
    3. the officer's recommendation for approval or disapproval of the application;
    in as many copies as the superintendent shall designate, and one (1) set of legible and classifiable fingerprints of the applicant. The superintendent may make whatever further investigation the superintendent deems necessary. Whenever disapproval is recommended by the officer to whom the application was made, the officer shall provide the superintendent and the applicant with the officer's complete reasons for the disapproval in writing. If the officer to whom the application is made recommends approval, the officer shall instruct the applicant in the proper method of taking legible and classifiable fingerprints.
  3. If an applicant applies for a license under this section before July 1, 2011, and it appears to the superintendent that the applicant is of good character and reputation and a proper person to be licensed, the superintendent shall issue to the applicant a retail handgun dealer's license which shall be valid for a period of two (2) years from the date of issue. The fee for the license shall be twenty dollars ($20), which shall be deposited with the officer to whom the application is made, who shall in turn forward it to the superintendent for deposit with the treasurer of state when the application is approved by the superintendent.
  4. If an applicant applies for a license under this section after June 30, 2011:
    1. the applicant shall deposit with the officer to whom the application is made a fee for the license of sixty dollars ($60);
    2. if it appears to the superintendent that the applicant is:
      1. of good character and reputation; and
      2. a proper person to be licensed;
      the superintendent shall issue to the applicant a retail handgun dealer's license, which is valid for six (6) years after the date the license is issued; and
    3. the officer to whom the application was made shall forward the fee for the license to the superintendent for deposit with the treasurer of state when the application is approved by the superintendent.
  5. In the event that an application is disapproved by the superintendent, the fee deposited by the applicant under subsection (c) or (d) shall be returned to the applicant along with the complete reasons, in writing, for the disapproval.
  6. No retail dealer's license shall be issued to any person who has been:
    1. convicted of a felony; or
    2. adjudicated a delinquent child for an act that would be a felony if committed by an adult, if the person applying for the retail dealer's license is less than twenty-three (23) years of age;
    in Indiana or any other state or country.
  7. A retail dealer's license shall permit the licensee to sell handguns at retail within this state subject to the conditions specified in this chapter. The license may be suspended or revoked in accordance with applicable law, and the licensee may be subject to punishment as provided in this chapter.
  8. A person who knowingly or intentionally violates this section commits a Class B misdemeanor.

As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984, SEC.4; P.L.269-1995, SEC.9; P.L.44-2011, SEC.1; P.L.158-2013, SEC.579.

§35-47-2-16 - (2013) Retail handgun dealer's license; restrictions; display; prohibited sales; gun show
  1. A retail dealer's business shall be carried on only in the site designated in the license. A separate license shall be required for each separate retail outlet. Whenever a licensed dealer moves the dealer's place of business, the dealer shall promptly notify the superintendent, who shall at once issue an amended license certificate valid for the balance of the license period. This subsection does not apply to sales at wholesale.
  2. The license, certified by the issuing authority, shall be displayed on the business premises in a prominent place where it can be seen easily by prospective customers.
  3. No handgun shall be sold:
    1. in violation of any provision of this chapter; or
    2. under any circumstances unless the purchaser is personally known to the seller or presents clear evidence of the purchaser's identity.
  4. Notwithstanding subsection (a), a retail dealer may display, sell, or transfer handguns at a gun show in accordance with this chapter and federal law.
  5. A person who knowingly or intentionally violates this section commits a Class B misdemeanor.

As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984, SEC.5; P.L.148-1987, SEC.5; P.L.158-2013, SEC.580.

§35-47-2-17 - (2013) Firearms and handguns; giving false information or offering false evidence of identity
  1. No person, in purchasing or otherwise securing delivery of a firearm or in applying for a license to carry a handgun, shall knowingly or intentionally:
    1. give false information on a form required to:
      1. purchase or secure delivery of a firearm; or
      2. apply for a license to carry a handgun; or
    2. offer false evidence of identity.
    In addition to any penalty provided by this chapter, any firearm obtained through false information shall be subject to confiscation and disposition as provided in this chapter. Upon notice of a violation of this section by the superintendent, it shall be the duty of the sheriff or chief of police or corresponding officer of the jurisdiction in which the purchaser resides to confiscate the firearm and retain it as evidence pending trial for the offense.
  2. A person who knowingly or intentionally violates this section commits a Level 5 felony.

As added by P.L.311-1983, SEC.32. Amended by P.L.60-2011, SEC.1; P.L.158-2013, SEC.581.

§35-47-2-18 - (2013) Obliterating identification marks on handgun or possession of such handguns prohibited
  1. Sec. 18. No person shall:
    1. change, alter, remove, or obliterate the name of the maker, model, manufacturer's serial number, or other mark of identification on any handgun; or
    2. possess any handgun on which the name of the maker, model, manufacturer's serial number, or other mark of identification has been changed, altered, removed, or obliterated;
    except as provided by applicable United States statute.
  2. A person who knowingly or intentionally violates this section commits a Level 5 felony.

As added by P.L.311-1983, SEC.32. Amended by P.L.158-2013, SEC.582.

§35-47-2-19 - Application of chapter

Sec. 19. This chapter does not apply to any firearm not designed to use fixed cartridges or fixed ammunition, or any firearm made before January 1, 1899.

As added by P.L.311-1983, SEC.32.

§35-47-2-20 - Removal of disability under this chapter
  1. A full pardon from the governor of Indiana for:
    1. a felony other than a felony that is included in IC 35-42; or
    2. a violation of this chapter;
    removes any disability under this chapter imposed because of that offense, if fifteen (15) years have elapsed between the time of the offense and the application for a license under this chapter.
  2. A conditional pardon described in IC 11-9-2-4 for:
    1. a felony; or
    2. a violation of this chapter;
    removes a disability under this chapter if the superintendent determines after an investigation that circumstances have changed since the pardoned conviction was entered to such an extent that the pardoned person is likely to handle handguns in compliance with the law.

As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984, SEC.6; P.L.148-1987, SEC.6.

§35-47-2-21 - Recognition of retail dealers' licenses and licenses to carry handguns issued by other states
  1. Retail dealers' licenses issued by other states or foreign countries will not be recognized in Indiana except for sales at wholesale.
  2. Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.

As added by P.L.311-1983, SEC.32.

§35-47-2-22 - (2013) Use of unlawful handgun-carrying license to obtain handgun prohibited
  1. It is unlawful for any person to use, or to attempt to use, a false, counterfeit, spurious, or altered handgun-carrying license to obtain a handgun contrary to the provisions of this chapter.
  2. A person who knowingly or intentionally violates this section commits a Level 6 felony.

As added by P.L.311-1983, SEC.32. Amended by P.L.158-2013, SEC.583

§35-47-2-23 - (Repealed by P.L.158-2013, SEC.584.)

§35-47-2-24 - Indictment or information; defendant's burden to prove exemption or license; arrest, effect of production of valid license, or establishment of exemption
  1. In an information or indictment brought for the enforcement of any provision of this chapter, it is not necessary to negate any exemption specified under this chapter, or to allege the absence of a license required under this chapter. The burden of proof is on the defendant to prove that he is exempt under section 2 of this chapter, or that he has a license as required under this chapter.
  2. Whenever a person who has been arrested or charged with a violation of section 1 of this chapter presents a valid license to the prosecuting attorney or establishes that he is exempt under section 2 of this chapter, any prosecution for a violation of section 1 of this chapter shall be dismissed immediately, and all records of an arrest or proceedings following arrest shall be destroyed immediately.

As added by P.L.311-1983, SEC.32.

CHAPTER 2.5 - Sale of Handguns

§35-47-2.5-0.1 - (Repealed by P.L.63-2012, SEC.73.)

§35-47-2.5-1 - (2014) Applicability; conflicts
  1. Sections 2 through 5 of this chapter do not apply to the following:
    1. Transactions between persons who are licensed as firearms importers or collectors or firearms manufacturers or dealers under 18 U.S.C. 923.
    2. Purchases by or sales to a law enforcement officer or agent of the United States, the state, or a county or local government.
    3. Indiana residents licensed to carry handguns under IC 35-47-2-3.
  2. Notwithstanding any other provision of this chapter, the state shall participate in the NICS if federal funds are available to assist the state in participating in the NICS. If:
    1. the state participates in the NICS; and
    2. there is a conflict between:
      1. a provision of this chapter; and
      2. a procedure required under the NICS;
      the procedure required under the NICS prevails over the conflicting provision of this chapter.

As added by P.L.17-1997, SEC.8. Amended by P.L.190-2006, SEC.5; P.L. 169-2014, SEC. 3.

§35-47-2.5-2 - "Dealer" defined

Sec. 2. As used in this chapter, "dealer" includes any person licensed under 18 U.S.C. 923.

As added by P.L.17-1997, SEC.8.

§35-47-2.5-2.5 - "NICS"

Sec. 2.5. As used in this chapter, "NICS" refers to the National Instant Criminal Background Check System maintained by the Federal Bureau of Investigation in accordance with the federal Brady Handgun Violence Prevention Act (18 U.S.C. 921 et seq.).

As added by P.L.190-2006, SEC.6.

§35-47-2.5-3 - Form 4473

Sec. 3. A person purchasing a handgun from a dealer shall complete and sign Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473.

As added by P.L.17-1997, SEC.8. Amended by P.L.190-2006, SEC.7; P.L.155-2007, SEC.3.

§35-47-2.5-4 - Dealer requirements before sale, rent, trade, or transfer
  1. A dealer may not sell, rent, trade, or transfer from the dealer's inventory a handgun to a person until the dealer has done all of the following:
    1. Obtained from the prospective purchaser a completed and signed Form 4473 as specified in section 3 of this chapter.
    2. Contacted NICS:
      1. by telephone; or
      2. electronically;
      to request a background check on the prospective purchaser.
    3. Received authorization from NICS to transfer the handgun to the prospective purchaser.
  2. The dealer shall record the NICS transaction number on Form 4473 and retain Form 4473 for auditing purposes.

As added by P.L.17-1997, SEC.8. Amended by P.L.190-2006, SEC.8.

§35-47-2.5-5 - Documentation of personal identification and residence
  1. To establish personal identification and residence in Indiana for purposes of this chapter, a dealer must require a prospective purchaser to present one (1) photographic identification form issued by a governmental agency of the state or by the United States Department of Defense, or other documentation of residence.
  2. Except when photographic identification was issued by the United States Department of Defense, other documentation of residence must show an address identical to that shown on the photographic identification form or as amended by proper notice of change of address filed with the issuing authority. Suitable other documentation of residence includes:
    1. evidence of currently paid personal property tax or real estate tax, a current lease, utility, or telephone bill, a voter registration card, a bank check, a passport, an automobile registration, or a hunting or fishing license;
    2. other current identification allowed as evidence of residency by 27 CFR 178.124 and United States Alcohol, Tobacco, and Firearms Ruling 79-7; or
    3. other documentation of residence, determined to be acceptable by the state police department, that corroborates that the prospective purchaser currently resides in Indiana.
  3. If the photographic identification was issued by the United States Department of Defense, permanent orders may be used as documentation of residence.

As added by P.L.17-1997, SEC.8.

§35-47-2.5-6 - (Repealed by P.L.190-2006, SEC.10.)

§35-47-2.5-7 - (Repealed by P.L.190-2006, SEC.10.)

§35-47-2.5-8 - (Repealed by P.L.190-2006, SEC.10.)

§35-47-2.5-9 - (Repealed by P.L.190-2006, SEC.10.)

§35-47-2.5-10 - (Repealed by P.L.190-2006, SEC.10.)

§35-47-2.5-11 - (Repealed by P.L.190-2006, SEC.10.)

§35-47-2.5-12 - (2013) Criminal history check; false statement on consent form

A person who knowingly or intentionally makes a materially false statement on Form 4473 completed under section 3 of this chapter commits a Level 6 felony.

As added by P.L.17-1997, SEC.8. Amended by P.L.190-2006, SEC.9; P.L.155-2007, SEC.4; P.L.158-2013, SEC.585.

§35-47-2.5-13 - Dealer violations

Except as otherwise provided in this chapter, a dealer who knowingly or intentionally sells, rents, trades, or transfers a handgun in violation of this chapter commits a Class A misdemeanor.

As added by P.L.17-1997, SEC.8.

§35-47-2.5-14 - (Repealed by P.L.152-2014, SEC.4.)

§35-47-2.5-15 - (Repealed by P.L.152-2014, SEC.5.)

§35-47-2.5-16 - (2014) Criminal transfer of a firearm
  1. This section does not apply to a person who complies with IC 35-47-10 (governing children and firearms).
  2. A person who provides a firearm to an individual who the person knows:
    1. is ineligible to purchase or otherwise receive or possess a firearm for any reason other than the person's age; or
    2. intends to use the firearm to commit a crime; commits criminal transfer of a firearm, a Level 5 felony. However, the offense is a Level 3 felony if the individual uses the firearm to commit murder (IC 35-42-1-1).
  3. It is a defense to a prosecution under subsection (b)(1) that:
    1. the accused person (or dealer acting on the person's behalf) contacted NICS to request a background check on the individual before the accused person provided the firearm to the individual; and
    2. the accused person (or dealer acting on the person's behalf) received authorization from NICS to provide the firearm to the individual.

As added by P.L. 169-2014, SEC. 6.

CHAPTER 3 - Disposal of Confiscated Weapons

§35-47-3-1 - Disposal of confiscated weapons in accordance with chapter

All firearms confiscated pursuant to statute shall, upon conviction of the person for the offense for which the confiscation was made, be disposed of in accordance with this chapter.

As added by P.L.311-1983, SEC.32.

§35-47-3-2 - (2014) Application of section to firearms not required to be registered in National Firearms Registration and Transfer Record; return of firearms to rightful owners; disposal procedure
  1. This section applies only to firearms which are not required to be registered in the National Firearms Registration and Transfer Record.
  2. Firearms shall be returned to the rightful owner at once following final disposition of the cause if a return has not already occurred under the terms of IC 35-33-5. If the rightful ownership is not known the law enforcement agency holding the firearm shall make a reasonable attempt to ascertain the rightful ownership and cause the return of the firearm. However, nothing in this chapter shall be construed as requiring the return of firearms to rightful owners who have been convicted for the misuse of firearms. In such cases, the court may provide for the return of the firearm in question or order that the firearm be at once delivered:
    1. except as provided in subdivision (2), to the sheriff's department of the county in which the offense occurred; or
    2. to the city or town police force that confiscated the firearm.
  3. The receiving law enforcement agency shall dispose of firearms under subsection (b), at the discretion of the law enforcement agency, not more than one hundred twenty (120) days following receipt by use of any of the following procedures:
    1. Public sale of the firearms to the general public as follows:
      1. Notice of the sale shall be:
        1. posted for ten (10) days in the county courthouse in a place readily accessible to the general public; and
        2. advertised in the principal newspaper of the county for two (2) days in an advertisement that appears in the newspaper at least five (5) days prior to the sale.
      2. Disposition of the firearm shall be by public auction in a place convenient to the general public, with disposition going to the highest bidder. However, no firearm shall be transferred to any bidder if that bidder is not lawfully eligible to receive and possess firearms according to the laws of the United States and Indiana.
      3. All handguns transferred under this subdivision shall also be transferred according to the transfer procedures set forth in this article.
      4. Money collected pursuant to the sales shall first be used to defray the necessary costs of administering this subdivision with any surplus to be:
        1. deposited into the receiving law enforcement agency's firearms training fund, other appropriate training activities fund, or any other fund that may be used by the receiving law enforcement agency for the purchase and maintenance of firearms, ammunition, vests, and other law enforcement equipment; and
        2. used by the agency exclusively to train law enforcement officers in the proper use of firearms or other law enforcement duties, and to purchase and maintain firearms, ammunition, vests, and other law enforcement equipment.
        A law enforcement agency may not sell a firearm to the general public if the firearm is unsafe to operate because it has been damaged or altered.
    2. Sale of the firearms to a licensed firearms dealer as follows:
      1. Notice of the sale must be:
        1. posted for ten (10) days in the county courthouse in a place readily accessible to the general public; and
        2. advertised in the principal newspaper of the county for two (2) days in an advertisement that appears in the newspaper at least five (5) days before the sale.
      2. Disposition of the firearm shall be by auction with disposition going to the highest bidder who is a licensed firearms dealer.
      3. Money collected from the sales shall first be used to defray the necessary costs of administering this subdivision and any surplus shall be:
        1. deposited into the receiving law enforcement agency's firearms training fund, other appropriate training activities fund, or any other fund that may be used by the receiving law enforcement agency for the purchase and maintenance of firearms, ammunition, vests, and other law enforcement equipment; and
        2. used by the agency exclusively to train law enforcement officers in the proper use of firearms or other law enforcement duties, and to purchase and maintain firearms, ammunition, vests, and other law enforcement equipment..
        A law enforcement agency may sell a firearm to a licensed firearms dealer for salvage or repair, even if the firearm is unsafe to operate because it has been damaged or altered.
    3. Sale or transfer of the firearms to another law enforcement agency.
    4. Release to the state police department laboratory or other forensic laboratory administered by the state or a political subdivision (as defined in IC 36-1-2-13) for the purposes of research, training, and comparison in conjunction with the forensic examination of firearms evidence.
    5. Destruction of the firearms. >A firearm that is to be destroyed may be sold to a salvage company and destroyed by dismantling the firearm for parts, scrap metal, or recycling, or for resale as parts for other firearms.
  4. Notwithstanding the requirement of this section mandating disposal of firearms not more than one hundred twenty (120) days following receipt, the receiving law enforcement agency may at its discretion hold firearms it may receive until a sufficient number has accumulated to defray the costs of administering this section if a delay does not exceed one hundred eighty (180) days from the date of receipt of the first firearm in the sale lot. In addition, the receiving law enforcement agency may, at its discretion, jointly sell firearms it has received with another law enforcement agency, or permit another law enforcement agency to sell firearms it has received on behalf of the receiving law enforcement agency. In any event, all confiscated firearms shall be disposed of as promptly as possible.
  5. When a firearm is delivered to the state police department laboratory or other forensic laboratory under subsection (c)(4) and the state police department laboratory or other forensic laboratory determines the laboratory has no further need for the firearm in question, the laboratory shall return the firearm to the law enforcement agency for disposal under subsection (c).

As added by P.L.311-1983, SEC.32. Amended by P.L.209-1986, SEC.2; P.L.57-1992, SEC.7; P.L.48-1993, SEC.7; P.L.119-2012, SEC.167; P.L. 229-2014, SEC. 2.

§35-47-3-3 - Application of section to firearms required to be registered in National Firearms Registration and Transfer Record; return of firearms to rightful owners; unreturnable firearms; registry of firearms; disposal
  1. This section applies to firearms that are required to be registered in the National Firearms Registration and Transfer Record.
  2. Firearms shall be returned to the rightful owner at once following final disposition of the cause, if such return has not already occurred under the terms of IC 35-33-5, and if such owner remains lawfully entitled to possess such firearms according to applicable United States and Indiana statutes. If rightful ownership is not known, the law enforcement agency holding the firearm shall make a reasonable and diligent effort to ascertain the rightful ownership and cause the return of the firearm being held, providing the owner remains lawfully entitled to possess such firearms.
  3. Firearms that are not returnable under this section shall be at once delivered to:
    1. the sheriff's department of the county in which the offense occurred, unless subdivision (2) applies; or
    2. the city or town police force that confiscated the firearm if:
      1. a member of the city or town police force confiscated the firearm; and
      2. the city or town has a population of more than two thousand five hundred (2,500) and less than six hundred thousand (600,000);
    following final disposition of the cause.
  4. When firearms are sent to a law enforcement agency under subsection (c), the law enforcement agency may upon request release the firearms to the state police department laboratory or other forensic laboratory administered by the state or a political subdivision (as defined in IC 36-1-2-13) for the purposes of research, training, and comparison in conjunction with the forensic examination of firearms evidence.
  5. The receiving law enforcement agency or laboratory shall cause the registry of such firearms in the United States National Firearms Registration and Transfer Record within thirty (30) days following receipt from the court.
  6. The court may order such firearms as are not returnable destroyed, specifying the exact manner of destruction and requiring the receiving law enforcement agency or laboratory to make due return to the ordering court the time, date, method of destruction, and disposition of the remains of the destroyed firearm.
  7. No portion of this section shall be construed as requiring the receiving law enforcement agency or laboratory to retain firearms which are inoperable or unserviceable, or which the receiving law enforcement agency or laboratory may choose to transfer as public property in the ordinary course of lawful commerce and exchange.

As added by P.L.311-1983, SEC.32. Amended by P.L.209-1986, SEC.3; P.L.57-1992, SEC.8; P.L.119-2012, SEC.168.

§35-47-3-4 - (2013) Unlawful delivery of confiscated firearm

A person who knowingly or intentionally:

  1. delivers a confiscated firearm to a person convicted of a felony:
    1. involving use of a firearm; and
    2. which is the basis of the confiscation;
  2. delivers a confiscated firearm to another with knowledge that there is a rightful owner to whom the firearm must be returned; or
  3. fails to deliver a confiscated firearm to the sheriff's department, a city or town police force, the state police department laboratory or a forensic laboratory under this chapter, the state under IC 14-22-39-6, or for disposition after a determination that the rightful owner of the firearm cannot be ascertained or is no longer entitled to possess the confiscated firearm;

commits a Level 6 felony.

As added by P.L.311-1983, SEC.32. Amended by P.L.209-1986, SEC.4; P.L.57-1992, SEC.9; P.L.1-1995, SEC.77; P.L.158-2013, SEC.588.

CHAPTER 3.5 - Firearm Buyback Programs Prohibited

§35-47-3.5-1 - (2014) Chapter application

This chapter applies to a unit (as defined in IC 36-1-2-23), including a law enforcement agency of a unit.

As added by P.L. 229-2014, SEC. 3

§35-47-3.5-2 - (2014) Firearm buyback program

As used in this chapter, "firearm buyback program" means a program to purchase privately owned firearms from individual firearm owners for the purpose of:

  1. reducing the number of firearms owned by civilians; or
  2. permitting civilians to sell a firearm to the government without fear of prosecution.

term does not include the purchase of firearms from a licensed firearms dealer or a program to purchase firearms for law enforcement purposes.

As added by P.L. 229-2014, SEC. 3

§35-47-3.5-3 - (2014) Prohibition of firearm buyback programs with public funds

A unit, including a law enforcement agency of a unit, may not conduct a firearm buyback program unless the firearm buyback program is financed or funded with private funds or grants, and not public funds.

As added by P.L. 229-2014, SEC. 3

§35-47-3.5-4 - (2014) Transfer of firearms to law enforcement agency; disposition of firearms
  1. A unit having possession of a firearm obtained from a firearm buyback program shall transfer the firearm to a law enforcement agency of the unit.
  2. A law enforcement agency of a unit that has possession of a firearm obtained under subsection (a), or otherwise as the result of a firearm buyback program, shall dispose of the firearm in accordance with IC 35-47-3.

As added by P.L. 229-2014, SEC. 3

CHAPTER 4 - Miscellaneous Provisions

§35-47-4-0.1 - (Repealed by P.L.63-2012, SEC.74.)

§35-47-4-1 - Delivery of deadly weapon to intoxicated person

A person who sells, barters, gives, or delivers any deadly weapon to any person at the time in a state of intoxication, knowing him to be in a state of intoxication, or to any person who is in the habit of becoming intoxicated, and knowing him to be a person who is in the habit of becoming intoxicated, commits a Class B misdemeanor.

As added by P.L.311-1983, SEC.32.

§35-47-4-2 - Loans secured by handguns

person who makes a loan secured by a:

  1. mortgage;
  2. deposit; or
  3. pledge;

of a handgun commits a Class B misdemeanor.

As added by P.L.311-1983, SEC.32.

§35-47-4-3 - (2013) Pointing firearm at another person
  1. This section does not apply to a law enforcement officer who is acting within the scope of the law enforcement officer's official duties or to a person who is justified in using reasonable force against another person under:
    1. IC 35-41-3-2; or
    2. IC 35-41-3-3.
  2. A person who knowingly or intentionally points a firearm at another person commits a Level 6 felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.

As added by P.L.296-1995, SEC.2; Amended by P.L.158-2013, SEC.589.

§35-47-4-4 - (Repealed by P.L.247-1999, SEC.2.)

§35-47-4-5 - (2014) Unlawful possession of firearm by serious violent felon
  1. As used in this section, "serious violent felon" means a person who has been convicted of:
    1. committing a serious violent felony in:
      1. Indiana; or
      2. any other jurisdiction in which the elements of the crime
      for which the conviction was entered are substantially similar to the elements of a serious violent felony; or
    2. attempting to commit or conspiring to commit a serious violent felony in:
      1. Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2; or
      2. any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of attempting to commit or conspiring to commit a serious violent felony.
  2. As used in this section, "serious violent felony" means:
    1. murder (IC 35-42-1-1);
    2. voluntary manslaughter (IC 35-42-1-3);
    3. reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
    4. battery (IC 35-42-2-1) as a:
      1. Class A felony Class B felony, or Class C felony, for a crime committed before July 1, 2014; or
      2. Level 2 felony, Level 3 felony, Level 4 felony, or Level 5 felony, for a crime committed after June 30, 2014;
    5. aggravated battery (IC 35-42-2-1.5);
    6. kidnapping (IC 35-42-3-2);
    7. criminal confinement (IC 35-42-3-3);
    8. rape (IC 35-42-4-1);
    9. criminal deviate conduct (IC 35-42-4-2) before its repeal;
    10. child molesting (IC 35-42-4-3);
    11. sexual battery (IC 35-42-4-8) as a:
      1. Class C felony, for a crime committed before July 1, 2014; or
      2. Level 5 felony, for a crime committed after June 30, 2014;
    12. robbery (IC 35-42-5-1);
    13. carjacking (IC 35-42-5-2) (before its repeal);
    14. arson (IC 35-43-1-1(a)) as a:
      1. Class A felony or Class B felony, for a crime committed before July 1, 2014; or
      2. Level 2 felony, Level 3 felony, or Level 4 felony, for a crime committed after June 30, 2014;
    15. burglary (IC 35-43-2-1) as a:
      1. Class A felony or Class B felony, for a crime committed before July 1, 2014; or
      2. Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony, for a crime committed after June 30, 2014;
    16. assisting a criminal (IC 35-44.1-2-5) as a:
      1. Class C felony, for a crime committed before July 1, 2014; or;
      2. Level 5 felony, for a crime committed after June 30, 2014;
    17. resisting law enforcement (IC 35-44.1-3-1) as a:
      1. Class B felony or Class C felony, for a crime committed before July 1, 2014; or
      2. Level 2 felony, Level 3 felony, or Level 5 felony, for a crime committed after June 30, 2014;
    18. escape (IC 35-44.1-3-4) as a:
      1. Class B felony or Class C felony, for a crime committed before July 1, 2014; or
      2. Level 4 felony or Level 5 felony, for a crime committed after June 30, 2014;
    19. trafficking with an inmate (IC 35-44.1-3-5) as a:
      1. Class C felony, for a crime committed before July 1, 2014; or
      2. Level 5 felony, for a crime committed after June 30, 2014;
    20. criminal gang intimidation (IC 35-45-9-4);
    21. stalking (IC 35-45-10-5) as a:
      1. Class B felony or Class C felony, for a crime committed before July 1, 2014; or
      2. Level 4 felony or Level 5 felony, for a crime committed after June 30, 2014;
    22. incest (IC 35-46-1-3);
    23. dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
    24. dealing in methamphetamine (IC 35-48-4-1.1);
    25. dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
    26. dealing in a schedule IV controlled substance (IC 35-48-4-3); or
    27. dealing in a schedule V controlled substance (IC 35-48-4-4).
  3. A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Level 4 felony.

As added by P.L.247-1999, SEC.1. Amended by P.L.14-2000, SEC.76; P.L.17-2001, SEC.17; P.L.222-2001, SEC.5; P.L.151-2006, SEC.21; P.L.126-2012, SEC.58; P.L.158-2013, SEC.590; P.L.214-2013, SEC.40; P.L. 1006-2014, SEC. 88.

§35-47-4-6 - Unlawful possession of a firearm by a domestic batterer
  1. A person who has been convicted of domestic battery under IC 35-42-2-1.3 and who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a domestic batterer, a Class A misdemeanor.
  2. It is a defense to a prosecution under this section that the person's right to possess a firearm has been restored under IC 35-47-4-7.

As added by P.L.195-2003, SEC.7. Amended by P.L.98-2004, SEC.156; P.L.118-2007, SEC.36.

§35-47-4-7 - Persons prohibited from possessing a firearm; restoration of right to possess a firearm
  1. Notwithstanding IC 35-47-2, IC 35-47-2.5, the restoration of the right to serve on a jury under IC 33-28-5-18, or the restoration of the right to vote under IC 3-7-13-5, and except as provided in subsections (b), (c), and (f), a person who has been convicted of a crime of domestic violence may not possess a firearm after the person's release from imprisonment or lawful detention.
  2. Not earlier than five (5) years after the date of conviction, a person who has been convicted of a crime of domestic violence may petition the court for restoration of the person's right to possess a firearm. In determining whether to restore the person's right to possess a firearm, the court shall consider the following factors:
    1. Whether the person has been subject to:
      1. a protective order;
      2. a no contact order;
      3. a workplace violence restraining order; or
      4. any other court order that prohibits the person from possessing a firearm.
    2. Whether the person has successfully completed a substance abuse program, if applicable.
    3. Whether the person has successfully completed a parenting class, if applicable.
    4. Whether the person still presents a threat to the victim of the crime.
    5. Whether there is any other reason why the person should not possess a firearm, including whether the person failed to satisfy a specified condition under subsection (c) or whether the person
    has committed a subsequent offense.
  3. The court may condition the restoration of a person's right to possess a firearm upon the person's satisfaction of specified conditions.
  4. If the court denies a petition for restoration of the right to possess a firearm, the person may not file a second or subsequent petition until one (1) year has elapsed after the filing of the most recent petition.
  5. A person has not been convicted of a crime of domestic violence for purposes of subsection (a) if the conviction has been expunged or if the person has been pardoned.
  6. The right to possess a firearm shall be restored to a person whose conviction is reversed on appeal or on postconviction review at the earlier of the following:
    1. At the time the prosecuting attorney states on the record that the charges that gave rise to the conviction will not be refiled.
    2. Ninety (90) days after the final disposition of the appeal or the postconviction proceeding.

As added by P.L.118-2007, SEC.37.

Chapter 4.5 - Regulation of Laser Pointers

§35-47-4.5-0.1 - (Repealed by P.L.63-2012, SEC.75.)

§35-47-4.5-1 - Exceptions

This chapter does not apply to the use of a laser pointer:

  1. for educational purposes by individuals engaged in an organized meeting or training class; or
  2. during the normal course of work or trade activities.

As added by P.L.70-2000, SEC.1.

§35-47-4.5-2 - "Laser pointer" defined

As used in this chapter, "laser pointer" means a device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.

As added by P.L.70-2000, SEC.1.

§35-47-4.5-3 - (2013) "Public safety officer" defined

Sec. 3. As used in this chapter, "public safety officer" means:

  1. a state police officer;
  2. a county sheriff;
  3. a county police officer;
  4. a correctional officer;
  5. an excise police officer;
  6. a county police reserve officer;
  7. a city police officer;
  8. a city police reserve officer;
  9. a conservation enforcement officer;
  10. a gaming agent;
  11. a town marshal;
  12. a deputy town marshal;
  13. a state educational institution police officer appointed under IC 21-39-4;
  14. a probation officer;
  15. a firefighter (as defined in IC 9-18-34-1);
  16. an emergency medical technician;
  17. a paramedic;
  18. a member of a consolidated law enforcement department established under IC 36-3-1-5.1;
  19. a gaming control officer; or.
  20. a community corrections officer.

As added by P.L.70-2000, SEC.1. Amended by P.L.227-2005, SEC.11; P.L.170-2005, SEC.18; P.L.1-2006, SEC.536; P.L.2-2007, SEC.379; P.L.227-2007, SEC.69; P.L.3-2008, SEC.255; P.L.158-2013, SEC.591.

§35-47-4.5-4 - Directing laser pointer at public safety officer or state police motor carrier inspector

A person who knowingly or intentionally directs light amplified by the stimulated emission of radiation that is visible to the human eye or any other electromagnetic radiation from a laser pointer at a public safety officer or a state police motor carrier inspector without the consent of the public safety officer or state police motor carrier inspector commits a Class B misdemeanor.

As added by P.L.70-2000, SEC.1. Amended by P.L.232-2003, SEC.2.

Chapter 5 - Prohibited Instruments of Violence

§35-47-5-0.1 - (Repealed by P.L.63-2012, SEC.76.)

§35-47-5-1 - (Repealed by P.L.123-2002, SEC.51.)

§35-47-5-2 - (2013) Knife with a detachable blade

It is a Class B misdemeanor for a person to manufacture, possess, display, offer, sell, lend, give away, or purchase any knife with a detachable blade that may be ejected from the handle as a projectile by means of gas, a spring, or any other device contained in the handle of the knife.

As added by P.L.311-1983, SEC.32. Amended by P.L.70-2000, SEC.2; P.L.289-2013, SEC.21.

§35-47-5-2.5 - (2013) Possession of a knife on school property
  1. As used in this section, "knife" means an instrument that:
    1. consists of a sharp edged or sharp pointed blade capable of inflicting cutting, stabbing, or tearing wounds; and
    2. is intended to be used as a weapon.
  2. The term includes a dagger, dirk, poniard, stiletto, switchblade knife, or gravity knife.
  3. A person who recklessly, knowingly, or intentionally possesses a knife on:
    1. school property (as defined in IC 35-31.5-2-285);
    2. a school bus (as defined in IC 20-27-2-8); or
    3. a special purpose bus (as defined in IC 20-27-2-10);
    commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a previous unrelated conviction under this section and a Level 6 felony if the offense results in bodily injury to another person.
  4. This section does not apply to a person who possesses a knife:
    1. if:
      1. the knife is provided to the person by the school corporation or possession of the knife is authorized by the school corporation; and
      2. the person uses the knife for a purpose authorized by the school corporation; or
    2. if the knife is secured in a motor vehicle.

As added by P.L.72-2006, SEC.9. Amended by P.L.114-2012, SEC.140; P.L.158-2013, SEC.592

§35-47-5-3 - (Repealed by P.L.269-1995, SEC.10.)

§35-47-5-4 - (Repealed by P.L.1-1990, SEC.350.)

§35-47-5-4.1 - (Repealed by P.L.84-2015, SEC 4.)

§35-47-5-5 - Application of chapter

This chapter does not apply to any firearm not designed to use fixed cartridges or fixed ammunition, or any firearm made before January 1, 1899.

As added by P.L.311-1983, SEC.32.

§35-47-5-6 - (Repealed by P.L.60-2011, SEC.2.)

§35-47-5-7 - (Repealed by P.L.175-1984, SEC.5.)

§35-47-5-8 - (2013) Machine gun

A person who knowingly or intentionally owns or possesses a machine gun commits a Level 5 felony.

As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.3; P.L.123-2002, SEC.43; P.L.158-2013, SEC. 594.

§35-47-5-9 - (2013) Operating loaded machine gun

A person who knowingly or intentionally operates a loaded machine gun commits a Level 4 felony.

As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.4; P.L.123-2002, SEC.44; P.L.158-2013, SEC. 595.

§35-47-5-10 - Applicability of statutes relating to machine guns

The provisions of section 8 or 9 of this chapter shall not be construed to apply to any of the following:

  1. Members of the military or naval forces of the United States, National Guard of Indiana, or Indiana State Guard, when on duty or practicing.
  2. Machine guns kept for display as relics and which are rendered harmless and not usable.
  3. Any of the law enforcement officers of this state or the United States while acting in the furtherance of their duties.
  4. Persons lawfully engaged in the display, testing, or use of fireworks.
  5. Agencies of state government.
  6. Persons permitted by law to engage in the business of manufacturing, assembling, conducting research on, or testing machine guns, airplanes, tanks, armored vehicles, or ordnance equipment or supplies while acting within the scope of such business.
  7. Persons possessing, or having applied to possess, machine guns under applicable United States statutes. Such machine guns must be transferred as provided in this article.
  8. Persons lawfully engaged in the manufacture, transportation, distribution, use or possession of any material, substance, or device for the sole purpose of industrial, agricultural, mining, construction, educational, or any other lawful use.

As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.5; P.L.123-2002, SEC.45.

§35-47-5-11 - (2013) "Armor-piercing handgun ammunition" defined; related offenses
  1. As used in this section, "armor-piercing handgun ammunition" means a cartridge that:
    1. can be fired in a handgun; and
    2. will, upon firing, expel a projectile that has a metal core and an outer coating of plastic.
  2. A person who knowingly or intentionally:
    1. manufactures;
    2. possesses;
    3. transfers possession of; or
    4. offers to transfer possession of;
    armor-piercing handgun ammunition commits a Level 5 felony.
  3. This section does not apply to nylon coated ammunition, plastic shot capsules, or ammunition designed to be used in rifles or shotguns.
  4. This section does not apply to a law enforcement officer who is acting in the course of the officer's official duties or to a person who manufactures or imports for sale or sells armor-piercing handgun ammunition to a law enforcement agency.

As added by P.L.332-1983, SEC.1. Amended by P.L.327-1987, SEC.2; P.L.158-2013, SEC.596.

§35-47-5-12 - "Chinese throwing star" defined; related offenses
  1. A person who:
    1. manufactures;
    2. causes to be manufactured;
    3. imports into Indiana;
    4. keeps for sale;
    5. offers or exposes for sale; or
    6. gives, lends, or possesses;
    a Chinese throwing star commits a Class C misdemeanor.
  2. As used in this section, "Chinese throwing star" means a throwing-knife, throwing-iron, or other knife-like weapon with blades set at different angles.

As added by P.L.318-1985, SEC.2.

§35-47-5-13 - (2013) Unlawful use of body armor
  1. As used in this section, "body armor" means bullet resistant metal or other material worn by a person to provide protection from weapons or bodily injury.
  2. A person who knowingly or intentionally uses body armor while committing a felony commits unlawful use of body armor, a Level 6 felony.

As added by P.L.227-1996, SEC.1; P.L.158-2013, SEC.597.

CHAPTER 6 - Weapons on Aircraft

§35-47-6-0.1 - (Repealed by P.L.63-2012, SEC.77.)

§35-47-6-0.5 - Applicability of chapter
  1. Except as provided in subsection (b), this chapter does not apply to an official or employee:
    1. of:
      1. the United States;
      2. a state or political subdivision of a state;
      3. an operator (as defined in IC 5-23-2-8); or
      4. any other entity that has been granted statutory authority to enforce the penal laws of Indiana;
    2. who has been granted the power to effect arrests under Indiana law; and
    3. who has been authorized by the official's or employee's agency or employer to carry firearms.
  2. An individual described in subsection (a) is subject to the applicable regulations of the United States concerning the possession and carriage of firearms on aircraft or in areas of an airport to which access is controlled by the inspection of persons and property.

As added by P.L.84-1996, SEC.2. Amended by P.L.49-1997, SEC.67.

§35-47-6-1 - (2013) Firearm, explosive, or deadly weapon; possession in commercial or chartered aircraft
  1. A person who knowingly or intentionally boards a commercial or charter aircraft having in knowingly or intentionally possession:
    1. a firearm;
    2. an explosive; or
    3. any other deadly weapon;
    commits a Level 5 felony.
  2. However, the offense is a Level 4 felony if the person committed the offense with the intent to:
    1. disrupt the operation of the aircraft; or
    2. cause harm to another person.

As added by P.L.311-1983, SEC.32; P.L.158-2013, SEC. 598.

§35-47-6-1.1 - Undisclosed transport of dangerous device
  1. As used in this section, "dangerous device" means:
    1. a firearm;
    2. a destructive device (as defined in IC 35-47.5-2-4); or
    3. a weapon of mass destruction (IC 35-31.5-2-354).
  2. A person who checks an item to be transported on a commercial passenger airline and who:
    1. knows the item contains a dangerous device; and
    2. knowingly or intentionally fails to disclose orally or in writing to the person to whom possession of the item is delivered for carriage that the item contains a dangerous device;
    commits undisclosed transport of a dangerous device, a Class A misdemeanor.

As added by P.L.50-2005, SEC.2. Amended by P.L.114-2012, SEC.141.

§35-47-6-1.3 - Firearm, explosive, or deadly weapon; possession in controlled access areas of an airport

A person who knowingly or intentionally enters an area of an airport to which access is controlled by the inspection of persons and property while the person:

  1. possesses:
    1. a firearm;
    2. an explosive; or
    3. any other deadly weapon; or
  2. has access to property that contains:
    1. a firearm;
    2. an explosive; or
    3. any other deadly weapon;
    commits a Class A misdemeanor.

As added by P.L.84-1996, SEC.3.

§35-47-6-1.4 - Unlawful entry to restricted area of airport
  1. This section does not apply to a person who is:
    1. employed by:
      1. an airport;
      2. an airline; or
      3. a law enforcement agency; and
    2. acting lawfully within the scope of the person's employment.
  2. A person who knowingly or intentionally enters an area of an airport to which access is controlled by the inspection of persons or property without submitting to the inspection commits a Class A misdemeanor.

As added by P.L.59-2002, SEC.3.

§35-47-6-1.6 - (2013) Disrupting operation of aircraft; Class B felony
  1. A person who knowingly or intentionally uses force or violence or the threat of force or violence to disrupt the operation of an aircraft commits a Level 4 felony.
  2. A person who knowingly or intentionally uses force or violence or the threat of force or violence to hijack an aircraft in flight commits a Level 2 felony.
  3. For purposes of this section, an aircraft is considered to be in flight while the aircraft is:
    1. on the ground in Indiana:
      1. after the doors of the aircraft are closed for takeoff; and
      2. until the aircraft takes off;
    2. in the airspace above Indiana; or
    3. on the ground in Indiana:
      1. after the aircraft lands; and
      2. before the doors of the aircraft are opened after landing.

As added by P.L.59-2002, SEC.4; P.L.158-2013, SEC. 599.

§35-47-6-2 - (Repealed by P.L.84-1996, SEC.4.)

§35-47-6-3 - Consent to search of person or personal belongings

Any person purchasing a ticket to board any commercial or charter aircraft shall by such purchase consent to a search of his person or personal belongings by the company selling said ticket to him. In case said person shall refuse to submit to a search of his person or personal belongings by said aircraft company, the person refusing may be denied the right to board said commercial or charter aircraft.

As added by P.L.311-1983, SEC.32.

§35-47-6-4 - Action against airline company for denial of person refusing search to board aircraft

No action, either at law or equity, shall be brought against any commercial or charter airline company operating in Indiana for the refusal of said company to permit a person to board said aircraft where said person has refused to be searched as set out in section 3 of this chapter.

As added by P.L.311-1983, SEC.32.

CHAPTER 7 - Reporting of Wounds Inflicted by Weapons and Burn Injuries

§35-47-7-1 - Persons required to report wounds

Every case of a bullet wound, gunshot wound, powder burn, or any other injury arising from or caused by the discharge of a firearm, and every case of a wound which is likely to or may result in death and is actually or apparently inflicted by a knife, ice pick, or other sharp or pointed instrument, shall be reported at once to the law enforcement authorities of the county, city, or town in which the person reporting is located by either the physician attending or treating the case, or by the manager, superintendent, or other person in charge if the case is treated in a hospital, clinic, sanitarium, or other facility or institution. A person who violates this section commits a Class A misdemeanor.

As added by P.L.311-1983, SEC.32.

§35-47-7-2 - Application of chapter

The provisions of this chapter shall not apply to a wound or other injury received by a member of the armed forces of the United States or the state while engaged in the actual performance of duty.

As added by P.L.311-1983, SEC.32.

§35-47-7-3 - Burn injury reporting
  1. As used in this section, "burn" includes chemical burns, flash burns, and thermal burns.
  2. If a person is treated for:
    1. a second or third degree burn to ten percent (10%) or more of the body;
    2. any burn to the upper respiratory tract or laryngeal edema due to the inhalation of superheated air; or
    3. a burn that results in serious bodily injury;
    the physician treating the person, or the hospital administrator or the hospital administrator's designee of the hospital or ambulatory outpatient surgical center (if the person is treated in a hospital or outpatient surgical center), shall report the case to the state fire marshal within seventy-two (72) hours. This report may be made orally or in writing and shall be considered confidential information.
  3. If a person is treated for a second or third degree burn to less than ten percent (10%) of the body, the attending physician may report the case to the state fire marshal under subsection (b).
  4. The state fire marshal shall ascertain the following when a report is made under this chapter:
    1. Victim's name, address, and date of birth.
    2. Address where burn injury occurred.
    3. Date and time of injury.
    4. Degree of burns and percent of body burned.
    5. Area of body burned.
    6. Injury severity.
    7. Apparent cause of burn injury.
    8. Name and address of reporting facility.
    9. Attending physician.

As added by P.L.328-1987, SEC.1.

§35-47-7-4 - Dog bite injury reporting

The:

  1. physician who treats a person for a dog bite or an apparent dog bite; or
  2. administrator or the administrator's designee of the hospital or outpatient surgical center if a person is treated in a hospital or an outpatient surgical center for a dog bite or an apparent dog bite;

shall report the case to the Indiana state department of health not more than seventy-two (72) hours after the time the person is treated. The report may be made orally or in writing.

As added by P.L.176-1993, SEC.7.

§35-47-7-5 - Destructive device injury reporting

The:

  1. physician who treats a person; or
  2. administrator or the administrator's designee of the hospital or outpatient surgical center where a person was treated;

who has reason to believe that the physician or hospital is treating a person for an injury that was inflicted while the person was making or using a destructive device shall report the case to a local law enforcement agency not more than seventy-two (72) hours after the person is treated. The report may be made orally or in writing.

As added by P.L.123-2002, SEC.46.

§35-47-7-6 - (Repealed by P.L.187-2006, SEC.18.)

§35-47-7-7 - Fireworks or pyrotechnics injury reporting
  1. If:
    1. a practitioner (as defined in IC 25-1-9-2) initially treats a person for an injury and identifies the person's injury as resulting from fireworks or pyrotechnics, the practitioner; or
    2. a hospital or an outpatient surgical center initially treats a person for an injury and the administrator of the hospital or outpatient surgical center identifies the person's injury as resulting from fireworks or pyrotechnics, the administrator or
    the administrator's designee; shall report the case to the state health data center of the state department of health not more than five (5) business days after the time the person is treated. The report may be made in writing on a form prescribed by the state department of health.
  2. A person submitting a report under subsection (a) shall make a reasonable attempt to include the following information:
    1. The name, address, and age of the injured person.
    2. The date and time of the injury and the location where the injury occurred.
    3. If the injured person was less than eighteen (18) years of age at the time of the injury, whether an adult was present when the injury occurred.
    4. Whether the injured person consumed an alcoholic beverage within three (3) hours before the occurrence of the injury.
    5. A description of the firework or pyrotechnic that caused the injury.
    6. The nature and extent of the injury.
  3. A report made under this section is confidential for purposes of IC 5-14-3-4(a)(1).
  4. The state department of health shall compile the data collected under this section and submit a report of the compiled data to the legislative council in an electronic format under IC 5-14-6 not later than December 31 of each year.

As added by P.L.187-2006, SEC.17.

CHAPTER 8 - Regulation of Electronic Stun Weapons, Tasers, and Stun Guns

§35-47-8-1 - "Electronic stun weapon" defined

As used in this chapter, "electronic stun weapon" means any mechanism that is:

  1. designed to emit an electronic, magnetic, or other type of charge that exceeds the equivalency of a five (5) milliamp sixty (60) hertz shock; and
  2. used for the purpose of temporarily incapacitating a person.

As added by P.L.318-1985, SEC.3.

§35-47-8-2 - "Stun gun" defined

As used in this chapter, "stun gun" means any mechanism that is:

  1. designed to emit an electronic, magnetic, or other type of charge that equals or does not exceed the equivalency of a five (5) milliamp sixty (60) hertz shock; and
  2. used for the purpose of temporarily incapacitating a person.

As added by P.L.318-1985, SEC.3.

§35-47-8-3 - "Taser" defined

As used in this chapter, "taser" means any mechanism that is:

  1. designed to emit an electronic, magnetic, or other type of charge or shock through the use of a projectile; and
  2. used for the purpose of temporarily incapacitating a person.

As added by P.L.318-1985, SEC.3.

§35-47-8-4 - Applicability of handgun provisions

IC 35-47-2 applies to an electronic stun weapon or taser.

As added by P.L.318-1985, SEC.3.

§35-47-8-5 - (2013) Stun guns; purchase, possession, and sale; use in commission of crime; use on law enforcement officer
  1. A person eighteen (18) years of age or over may purchase or possess a stun gun.
  2. A person who knowingly or intentionally sells or furnishes a stun gun to a person who is less than eighteen (18) years of age commits a Class B misdemeanor.
  3. A person who knowingly or intentionally uses a stun gun in the commission of a crime commits a Class A misdemeanor.
  4. A person who knowingly or intentionally uses a stun gun on a law enforcement officer while the officer is performing the officer's duties commits a Level 6 felony.

As added by P.L.318-1985, SEC.3; P.L.158-2013, SEC.600.

CHAPTER 8.5 - NFA Firearm Certification

§35-47-8.5-1 - (2016) Definitions

The following definitions apply throughout this chapter:

  1. "Certification" means the participation and assent of the chief law enforcement officer necessary under federal law for the approval of an application to transfer or manufacture an NFA firearm.
  2. "Chief law enforcement officer" means any official whom the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives, or its successor agency, identifies by regulation or otherwise as eligible to provide a required certification for the transfer or manufacture of an NFA firearm. The term includes a designee of the official.
  3. "Completed request" means:
    1. a written request for certification under this chapter; and
    2. submission of the required information described in section 3(a) of this chapter.
  4. "NFA firearm" means a firearm as defined in 26 U.S.C. 5845(a) (the National Firearms Act).
  5. "NICS" (National Instant Criminal Background Check System) has the meaning set forth in IC 35-47-2.5-2.5.

As added by P.L.66-2016, SEC.7.

§35-47-8.5-2 - (2016) Mandatory issuance of certification by chief law enforcement officer; exceptions
  1. If the certification of a chief law enforcement officer is required by federal law for the transfer or manufacture of an NFA firearm, the chief law enforcement officer shall issue the certification not later than fifteen (15) days after receipt of a completed request for certification, unless the applicant is:
    1. prohibited by law from receiving or possessing a firearm; or
    2. the subject of a proceeding that could result in the applicant being prohibited by law from receiving or possessing a firearm.
  2. A chief law enforcement officer may deny a request for certification only:
    1. because the request for certification is not complete; or
    2. for a reason described in subsection (a)(1) or (a)(2). A chief law enforcement officer may not deny a request for certification based on a generalized objection to private persons or entities manufacturing, transferring, or receiving a firearm or an NFA firearm if the possession of the firearm or NFA firearm is not otherwise prohibited by law.
  3. If the chief law enforcement officer denies a request for certification under this section, the chief law enforcement officer shall provide the applicant with a written notification of the denial and the reason for the denial. If the chief law enforcement officer denies a request for certification because the request is not complete, the chief law enforcement officer shall set forth, in detail, why the request is not complete. An applicant whose request for certification is denied because it is not complete may reapply or amend the existing request by supplying the required information.

As added by P.L.66-2016, SEC.7.

§35-47-8.5-3 - (2016) Information required from applicants for certification
  1. In considering a request for certification, a chief law enforcement officer may require an applicant to submit only the following information:
    1. Information required by federal or state law to identify the applicant and conduct a background check, including a check of the NICS.
    2. Information necessary to determine the disposition of an arrest or proceeding relevant to the applicant's eligibility to lawfully possess or receive a firearm.
  2. A chief law enforcement officer may not require access to private property or consent to inspect any private premises as a condition of issuing a certification under this chapter.

As added by P.L.66-2016, SEC.7.

§35-47-8.5-4 - (2016) Immunity
  1. Except for the award of court costs, attorney's fees, and other expenses as described in section 5 of this chapter, and except as provided in subsection (b), a chief law enforcement officer is immune from civil liability based on an act or omission relating to the issuance or denial of a certification under this chapter.
  2. The immunity described in subsection (a) does not apply to an act or omission that constitutes gross negligence or willful or wanton misconduct.

As added by P.L.66-2016, SEC.7.

§35-47-8.5-5 - (2016) Review of denial by circuit or superior court
  1. A person whose request for certification has been denied under this chapter may file an action in the circuit or superior court of the county in which the denial occurred to compel the chief law enforcement officer to issue a certification. The person filing an action under this subsection shall serve a copy of the action on the chief law enforcement officer in accordance with the Indiana Rules of Trial Procedure.
  2. The court shall determine the matter under subsection (a) de novo, with the burden of proof on the chief law enforcement officer to sustain the denial of the request for certification. If the request for certification was denied because the applicant is:
    1. prohibited by law from receiving or possessing a firearm; or
    2. the subject of a proceeding that could result in the applicant being prohibited by law from receiving or possessing a firearm; a certified copy of documentary evidence establishing that the applicant is ineligible for certification is sufficient to meet the burden of proof. However, an affidavit or conclusory statement is not sufficient to sustain the burden of proof that a denial of the request for certification was proper.
  3. In an action filed under this section, a court shall award reasonable attorney's fees, court costs, and other reasonable expenses of litigation to the prevailing applicant if the court finds that there was no substantial basis for the denial of the request for certification.
  4. A court shall expedite the hearing of an action filed under this section.

As added by P.L.66-2016, SEC.7.

CHAPTER 9 - Possession of Firearms on School Property and School Buses

§35-47-9-0.1 - (Repealed by P.L.63-2012, SEC.78.)

§35-47-9-1 - (2014) Exemptions from chapter
  1. This chapter does not apply to the following:
    1. A:
      1. federal;
      2. state; or
      3. local;
      law enforcement officer.
    2. A person who may legally possess a firearm and who has been authorized by:
      1. a school board (as defined by IC 20-26-9-4); or
      2. the body that administers a charter school established under IC 20-24; to carry a firearm in or on school property.
    3. Except as provided in subsection (b) or (c), a person who:
      1. may legally possess a firearm; and
      2. possesses the firearm in a motor vehicle.
    4. A person who is a school resource officer, as defined in IC 20-26-18.2-1.
    5. Except as provided in subsection (b) or (c), a person who:
      1. may legally possess a firearm; and
      2. possesses only a firearm that is:
        1. locked in the trunk of the person's motor vehicle;
        2. kept in the glove compartment of the person's locked motor vehicle; or
        3. stored out of plain sight in the person's locked motor vehicle.
  2. For purposes of subsection (a)(3) and (a)(5), a person does not include a person who is:
    1. enrolled as a student in any high school except if the person is a high school student and is a member of a shooting sports team and the school's principal has approved the person keeping a firearm concealed in the person's motor vehicle on the days the person is competing or practicing as a member of a shooting sports team; or
    2. a former student of the school if the person is no longer enrolled in the school due to a disciplinary action within the previous twenty-four (24) months.
  3. For purposes of subsection (a)(3) and (a)(5), a motor vehicle does not include a motor vehicle owned, leased, or controlled by a school or school district unless the person who possesses the firearm is authorized by the school or school district to possess a firearm.

As added by P.L.140-1994, SEC.11; P.L.172-2013, SEC.12; P.L. 229-2014, SEC. 4.

§35-47-9-2 - (2014) Possession of firearms on school property, at school function, or on school bus; felony
  1. A person may not be charged with an offense under this subsection if the person may be charged with an offense described in subsection (c). A person who knowingly or intentionally possesses a firearm:
    1. in or on school property; or
    2. on a school bus;
    commits a Level 6 felony.
  2. It is a defense to a prosecution under subsection (a) that:
    1. the person is permitted to legally possess the firearm; and
    2. the firearm is:
      1. locked in the trunk of the person's motor vehicle;
      2. kept in the glove compartment of the person's locked motor vehicle; or
      3. stored out of plain sight in the person's locked motor vehicle.
  3. A person who is permitted to legally possess a firearm and who knowingly, intentionally, or recklessly leaves the firearm in plain view in a motor vehicle that is parked in a school parking lot commits a Class A misdemeanor.

As added by P.L.140-1994, SEC.11; P.L.158-2013, SEC.601; P.L. 1006-2014, SEC. 89; P.L. 229-2014, SEC. 4.

CHAPTER 10 - Children and Firearms

§35-47-10-1 - (2014) Exemptions from chapter
  1. This section does not apply to section 7 of this chapter.
  2. Except as provided in subsection (c), this chapter does not apply to the following:
    1. A child who is attending a hunters safety course or a firearms safety course or an adult who is supervising the child during the course.
    2. A child engaging in practice in using a firearm for target shooting at an established range or in an area where the discharge of a firearm is not prohibited or supervised by:
      1. a qualified firearms instructor; or
      2. an adult who is supervising the child while the child is at the range.
    3. A child engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under Section 501(c)(3) of the Internal Revenue Code that uses firearms as a part of a performance or an adult who is involved in the competition or performance.
    4. A child who is hunting or trapping under a valid license issued to the child under IC 14-22.
    5. A child who is traveling with an unloaded firearm to or from an activity described in this section.
    6. A child who:
      1. is on real property that is under the control of the child's parent, an adult family member of the child, or the child's legal guardian; and
      2. has permission from the child's parent or legal guardian to possess a firearm.
    7. A child who:
      1. is at the child's residence; and
      2. has the permission of the child's parent, an adult family member of the child, or the child's legal guardian to possess a firearm.
  3. This chapter applies to a child, and to a person who provides a firearm to a child, if the child:
    1. is ineligible to purchase or possess a firearm for any reason other than the child's age; or
    2. if the child intends to use a firearm to commit a crime.

As added by P.L.140-1994, SEC.12. Amended by P.L.1-1995, SEC.78; P.L.203-1996, SEC.2; P.L. 169-2014, SEC. 7.

§35-47-10-2 - "Adult" defined

As used in this chapter, "adult" means a person who is at least eighteen (18) years of age.

As added by P.L.140-1994, SEC.12.

§35-47-10-3 - "Child" defined

As used in this chapter, "child" means a person who is less than eighteen (18) years of age.

As added by P.L.140-1994, SEC.12.

§35-47-10-4 - "Loaded" defined

As used in this chapter, "loaded" means having any of the following:

  1. A cartridge in the chamber or cylinder of a firearm.
  2. Ammunition in close proximity to a firearm so that a person can readily place the ammunition in the firearm.

As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.3.

§35-47-10-5 - (2014) Dangerous possession of a firearm
  1. A child who knowingly, intentionally, or recklessly possesses a firearm for any purpose other than a purpose described in section 1 of this chapter commits dangerous possession of a firearm, a Class A misdemeanor. However, the offense is a Level 5 felony if the child has a prior conviction under this section or has been adjudicated a delinquent for an act that would be an offense under this section if committed by an adult.
  2. A child who knowingly or intentionally provides a firearm to another child whom the child knows:
    1. is ineligible for any reason to purchase or otherwise receive from a dealer a firearm; or
    2. intends to use the firearm to commit a crime; commits a Level 5 felony. However, the offense is a Level 3 felony if the other child uses the firearm to commit murder (IC 35-42-1-1).

As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.4; P.L.158-2013, SEC.602; P.L. 169-2014, SEC. 8.

§35-47-10-6 - (2014) Dangerous control of a firearm

An adult who knowingly or intentionally provides a firearm to a child whom the adult knows:

  1. is ineligible for any reason to purchase or otherwise receive from a dealer a firearm; or
  2. intends to use the firearm to commit a crime;

commits dangerous control of a firearm, a Level 5 felony. However, the offense is a Level 4 felony if the adult has a prior conviction under this section, and a Level 3 felony if the child uses the firearm to commit murder (IC 35-42-1-1).

As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.5; P.L.158-2013, SEC.603; P.L. 169-2014, SEC. 9.

§35-47-10-7 - (2013) Permitting child to possess a firearm

A child's parent or legal guardian who knowingly, intentionally, or recklessly permits the child to possess a firearm:

  1. while:
    1. aware of a substantial risk that the child will use the firearm to commit a felony; and
    2. failing to make reasonable efforts to prevent the use of a firearm by the child to commit a felony; or
  2. 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 Level 5 felony. However, the offense is a Level 4felony if the child's parent or legal guardian has a prior conviction under this section.

As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.6; P.L.158-2013, SEC.604.

§35-47-10-8 - Term of imprisonment in addition to criminal penalty
  1. In addition to any criminal penalty imposed for an offense under this chapter, the court shall order the following:
    1. That a person who has committed an offense be incarcerated for five (5) consecutive days in an appropriate facility.
    2. That the additional five (5) day term must be served within two (2) weeks after the date of sentencing.
  2. Notwithstanding IC 35-50-6, a person does not earn credit time while serving an additional five (5) day term of imprisonment imposed by a court under this section.

As added by P.L.140-1994, SEC.12.

§35-47-10-9 - Consecutive sentences imposed

A court shall impose consecutive sentences upon a person who has a conviction under this chapter and a conviction under IC 35-47-2-7.

As added by P.L.140-1994, SEC.12.

§35-47-10-10 - Rehabilitation of child; placement in quasi-military program

When sentencing a child who has committed an offense under this chapter, a court may elect to place the child in a facility that uses a quasi-military program for rehabilitative purposes.

As added by P.L.140-1994, SEC.12.

CHAPTER 11 - [Repealed]

CHAPTER 11.1 - Local Regulation of Firearms, Ammunition, and Firearm Accessories

§35-47-11.1-1 - Application

This chapter applies to a political subdivision (as defined in IC 3-5-2-38).

As added by P.L.152-2011, SEC.4.

§35-47-11.1-2 - Political subdivision regulation of firearms, ammunition, and firearm accessories prohibited

Except as provided in section 4 of this chapter, a political subdivision may not regulate:

  1. firearms, ammunition, and firearm accessories;
  2. the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and
  3. commerce in and taxation of firearms, firearm ammunition, and firearm accessories.

As added by P.L.152-2011, SEC.4.

§35-47-11.1-3 - Voidance of political subdivision ordinances, measures, enactments, rules, policies, and exercises of proprietary authority

Any provision of an ordinance, measure, enactment, rule, or policy or exercise of proprietary authority of a political subdivision or of an employee or agent of a political subdivision acting in an official capacity:

  1. enacted or undertaken before, on, or after June 30, 2011; and
  2. that pertains to or affects the matters listed in section 2 of this chapter;

is void.

As added by P.L.152-2011, SEC.4.

§35-47-11.1-4 - Not prohibited by chapter

This chapter may not be construed to prevent any of the following:

  1. A law enforcement agency of a political subdivision from enacting and enforcing regulations pertaining to firearms, ammunition, or firearm accessories issued to or used by law enforcement officers in the course of their official duties.
  2. Subject to IC 34-28-7-2, an employer from regulating or prohibiting the employees of the employer from carrying firearms and ammunition in the course of the employee's official duties.
  3. A court or administrative law judge from hearing and resolving any case or controversy or issuing any opinion or order on a matter within the jurisdiction of the court or judge.
  4. The enactment or enforcement of generally applicable zoning or business ordinances that apply to firearms businesses to the same degree as other similar businesses. However, a provision of an ordinance that is designed or enforced to effectively restrict or prohibit the sale, purchase, transfer, manufacture, or display of firearms, ammunition, or firearm accessories that is otherwise lawful under the laws of this state is void. A unit (as defined in IC 36-1-2-23) may not use the unit's planning and zoning powers under IC 36-7-4 to prohibit the sale of firearms within a prescribed distance of any other type of commercial property or of school property or other educational property.
  5. The enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in any building that contains the courtroom of a circuit, superior, city, town, or small claims court. However, if a portion of the building is occupied by a residential tenant or private business, any provision restricting or prohibiting the possession of a firearm does not apply to the portion of the building that is occupied by the residential tenant or private business, or to common areas of the building used by a residential tenant or private business.
  6. The enactment or enforcement of a provision prohibiting or restricting the intentional display of a firearm at a public meeting.
  7. The enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in a public hospital corporation that contains a secure correctional health unit that is staffed by a law enforcement officer twenty-four (24) hours a day.
  8. The imposition of any restriction or condition placed on a person participating in:
    1. a community corrections program (IC 11-12-1);
    2. a forensic diversion program (IC 11-12-3.7); or
    3. a pretrial diversion program (IC 33-39-1).
  9. The enforcement or prosecution of the offense of criminal recklessness (IC 35-42-2-2) involving the use of a firearm.
  10. For an event occurring on property leased from a political subdivision or municipal corporation by the promoter or organizer of the event:
    1. the establishment, by the promoter or organizer, at the promoter's or organizer's own discretion, of rules of conduct or admission upon which attendance at or participation in the event is conditioned; or
    2. the implementation or enforcement of the rules of conduct or admission described in clause (A) by a political subdivision or municipal corporation in connection with the event.
  11. The enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in a hospital established and operated under IC 16-22-2 or IC 16-23.
  12. A unit from using the unit's planning and zoning powers under IC 36-7-4 to prohibit the sale of firearms within two hundred (200) feet of a school by a person having a business that did not sell firearms within two hundred (200) feet of a school before April 1, 1994.
  13. A unit (as defined in IC 36-1-2-23) from enacting or enforcing a provision prohibiting or restricting the possession of a firearm in a building owned or administered by the unit if:
    1. metal detection devices are located at each public entrance to the building;
    2. each public entrance to the building is staffed by at least one (1) law enforcement officer:
      1. who has been adequately trained to conduct inspections of persons entering the building by use of metal detection devices and proper physical pat down searches; and
      2. when the building is open to the public; and
    3. each:
      1. individual who enters the building through the public entrance when the building is open to the public; and
      2. bag, package, and other container carried by the individual;
    is inspected by a law enforcement officer described in clause (B).

However, except as provided in subdivision (5) concerning a building that contains a courtroom, a unit may not prohibit or restrict the possession of a handgun under this subdivision in a building owned or administered by the unit if the person who possesses the handgun has been issued a valid license to carry the handgun under IC 35-47-2.

As added by P.L.152-2011, SEC.4. Amended by P.L.6-2012, SEC.232.

§35-47-11.1-5 - Civil actions concerning political subdivision violations

A person adversely affected by an ordinance, a measure, an enactment, a rule, or a policy adopted or enforced by a political subdivision that violates this chapter may file an action in a court with competent jurisdiction against the political subdivision for:

  1. declarative and injunctive relief; and
  2. actual and consequential damages attributable to the violation.

As added by P.L.152-2011, SEC.4.

§35-47-11.1-6 - Civil actions; adversely affected persons

person is "adversely affected" for purposes of section 5 of this chapter if either of the following applies:

  1. The person is an individual who meets all of the following requirements:
    1. The individual lawfully resides within the United States.
    2. The individual may legally possess a firearm under the laws of Indiana.
    3. The individual is or was subject to the ordinance, measure, enactment, rule, or policy of the political subdivision that is the subject of an action filed under section 5 of this chapter. An individual is or was subject to the ordinance, measure, enactment, rule, or policy of the political subdivision if the individual is or was physically present within the boundaries of the political subdivision for any reason.
  2. The person is a membership organization that:
    1. includes two (2) or more individuals described in subdivision (1); and
    2. is dedicated in whole or in part to protecting the rights of persons who possess, own, or use firearms for competitive, sporting, defensive, or other lawful purposes.

As added by P.L.152-2011, SEC.4.

§35-47-11.1-7 - Civil actions; recovery of damages, costs, and fees

A prevailing plaintiff in an action under section 5 of this chapter is entitled to recover from the political subdivision the following:

  1. The greater of the following:
    1. Actual damages, including consequential damages.
    2. Liquidated damages of three (3) times the plaintiff's attorney's fees.
  2. Court costs (including fees).
  3. Reasonable attorney's fees.

As added by P.L.152-2011, SEC.4.

CHAPTER 12 - Weapons of Mass Destruction

§35-47-12-0.1 - (Repealed by P.L.63-2012, SEC.79.)

§35-47-12-1 - (2013) Terrorism

A person who knowingly or intentionally:

  1. possesses;
  2. manufactures;
  3. places;
  4. disseminates; or
  5. detonates;

a weapon of mass destruction with the intent to carry out terrorism commits a Level 3 felony. However, the offense is a Level 2 felony if the conduct results in serious bodily injury or death of any person.

As added by P.L.156-2001, SEC.13. Amended by P.L.123-2002, SEC.47; P.L.158-2013, SEC.605.

§35-47-12-2 - (2013) Agricultural terrorism

A person who knowingly or intentionally:

  1. possesses;
  2. manufactures;
  3. places;
  4. disseminates; or
  5. detonates;

a weapon of mass destruction with the intent to damage, destroy, sicken, or kill crops or livestock of another person without the consent of the other person commits agricultural terrorism, a Level 5 felony.

As added by P.L.156-2001, SEC.13. Amended by P.L.123-2002, SEC.48; P.L.158-2013, SEC.606.

§35-47-12-3 - (2013) Terroristic mischief

A person who knowingly or intentionally places or disseminates a device or substance with the intent to cause a reasonable person to believe that the device or substance is a weapon of mass destruction (as defined in IC 35-31.5-2-354) commits terroristic mischief, a Level 5 felony. However, the offense is a Level 4 felony if, as a result of the terroristic mischief:

  1. a physician prescribes diagnostic testing or medical treatment for any person other than the person who committed the terroristic mischief; or
  2. a person suffers serious bodily injury.

As added by P.L.123-2002, SEC.49. Amended by P.L.114-2012, SEC.142; P.L.158-2013, SEC.607.

CHAPTER 14 - Proceedings for the Seizure and Retention of a Firearm

§35-47-14-1 - "Dangerous"
  1. For the purposes of this chapter, an individual is "dangerous" if:
    1. the individual presents an imminent risk of personal injury to the individual or to another individual; or
    2. the individual may present a risk of personal injury to the individual or to another individual in the future and the individual:
      1. has a mental illness (as defined in IC 12-7-2-130) that may be controlled by medication, and has not demonstrated a pattern of voluntarily and consistently taking the individual's medication while not under supervision; or
      2. is the subject of documented evidence that would give rise to a reasonable belief that the individual has a propensity for violent or emotionally unstable conduct.
  2. The fact that an individual has been released from a mental health facility or has a mental illness that is currently controlled by medication does not establish that the individual is dangerous for the purposes of this chapter.

As added by P.L.1-2006, SEC.537.

§35-47-14-2 - Warrant to search for firearm in possession of dangerous individual

A circuit or superior court may issue a warrant to search for and seize a firearm in the possession of an individual who is dangerous if:

  1. a law enforcement officer provides the court a sworn affidavit that:
    1. states why the law enforcement officer believes that the individual is dangerous and in possession of a firearm; and
    2. describes the law enforcement officer's interactions and conversations with:
      1. the individual who is alleged to be dangerous; or
      2. another individual, if the law enforcement officer believes that information obtained from this individual is credible and reliable;
      that have led the law enforcement officer to believe that the individual is dangerous and in possession of a firearm;
  2. the affidavit specifically describes the location of the firearm; and
  3. the circuit or superior court determines that probable cause exists to believe that the individual is:
    1. dangerous; and
    2. in possession of a firearm.

As added by P.L.1-2006, SEC.537.

§35-47-14-3 - Warrantless seizure of firearm from individual believed to be dangerous
  1. If a law enforcement officer seizes a firearm from an individual whom the law enforcement officer believes to be dangerous without obtaining a warrant, the law enforcement officer shall submit to the circuit or superior court having jurisdiction over the individual believed to be dangerous a written statement under oath or affirmation describing the basis for the law enforcement officer's belief that the individual is dangerous.
  2. The court shall review the written statement submitted under subsection (a). If the court finds that probable cause exists to believe that the individual is dangerous, the court shall order the law enforcement agency having custody of the firearm to retain the firearm. If the court finds that there is no probable cause to believe that the individual is dangerous, the court shall order the law enforcement agency having custody of the firearm to return the firearm to the individual.
  3. This section does not authorize a law enforcement officer to perform a warrantless search or seizure if a warrant would otherwise be required.

As added by P.L.1-2006, SEC.537.

§35-47-14-4 - Filing of return after warrant is served

If a court issued a warrant to seize a firearm under this chapter, the law enforcement officer who served the warrant shall, not later than forty-eight (48) hours after the warrant was served, file a return with the court that:

  1. states that the warrant was served; and
  2. sets forth:
    1. the time and date on which the warrant was served;
    2. the name and address of the individual named in the warrant; and
    3. the quantity and identity of any firearms seized by the law enforcement officer.

As added by P.L.1-2006, SEC.537.

§35-47-14-5 - Requirement of hearing on whether firearm should be returned or retained
  1. Not later than fourteen (14) days after a return is filed under section 4 of this chapter or a written statement is submitted under section 3 of this chapter, the court shall conduct a hearing to determine whether the seized firearm should be:
    1. returned to the individual from whom the firearm was seized; or
    2. retained by the law enforcement agency having custody of the firearm.
  2. The court shall set the hearing date as soon as possible after the return is filed under section 4 of this chapter. The court shall inform:
    1. the prosecuting attorney; and
    2. the individual from whom the firearm was seized;
    of the date, time, and location of the hearing. The court may conduct the hearing at a facility or other suitable place not likely to have a harmful effect upon the individual's health or well-being.

As added by P.L.1-2006, SEC.537.

§35-47-14-6 - Burden of proof at hearing; court orders
  1. In a hearing conducted under section 5 of this chapter, the state has the burden of proving all material facts by clear and convincing evidence.
  2. If the court, in a hearing under section 5 of this chapter, determines that the state has proved by clear and convincing evidence that the individual is dangerous, the court may order that the law enforcement agency having custody of the seized firearm retain the firearm. In addition, if the individual has received a license to carry a handgun, the court shall suspend the individual's license to carry a handgun. If the court determines that the state has failed to prove that the individual is dangerous, the court shall order the law enforcement agency having custody of the firearm to return the firearm to the individual from whom it was seized.
  3. If the court, in a hearing under section 5 of this chapter, orders a law enforcement agency to retain a firearm, the law enforcement agency shall retain the firearm until the court orders the firearm returned or otherwise disposed of.

As added by P.L.1-2006, SEC.537.

§35-47-14-7 - If firearm seized is owned by another individual

If the court, in a hearing conducted under section 5 of this chapter, determines that:

  1. the individual from whom a firearm was seized is dangerous; and
  2. the firearm seized from the individual is owned by another individual;

the court may order the law enforcement agency having custody of the firearm to return the firearm to the owner of the firearm.

As added by P.L.1-2006, SEC.537.

§35-47-14-8 - Petition for return of a firearm
  1. At least one hundred eighty (180) days after the date on which a court orders a law enforcement agency to retain an individual's firearm under section 6(b) of this chapter, the individual may petition the court for return of the firearm.
  2. Upon receipt of a petition described in subsection (a), the court shall:
    1. enter an order setting a date for a hearing on the petition; and
    2. inform the prosecuting attorney of the date, time, and location of the hearing.
  3. The prosecuting attorney shall represent the state at the hearing on a petition under this section.
  4. In a hearing on a petition under this section, the individual:
    1. may be represented by an attorney; and
    2. must prove by a preponderance of the evidence that the individual is not dangerous.
  5. If, upon the completion of the hearing and consideration of the record, the court finds that the individual is not dangerous, the court shall order the law enforcement agency having custody of the firearm to return the firearm to the individual.
  6. If the court denies an individual's petition under this section, the individual may not file a subsequent petition until at least one hundred eighty (180) days after the date on which the court denied the petition.

As added by P.L.1-2006, SEC.537.

§35-47-14-9 - (2014) When law enforcement agency may be ordered to destroy firearm

If at least five (5) years have passed since a court conducted the first hearing to retain a firearm under this chapter, the court, after giving notice to the parties and conducting a hearing, may order the law enforcement agency having custody of the firearm to dispose of the firearm in accordance with IC 35-47-3.

As added by P.L.1-2006, SEC.537; P.L. 229-2014, SEC. 6.

§35-47-14-10 - (2014) Request to sell retained firearm
  1. 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. An individual may make the request described in subsection (a):
    1. at the retention hearing described in section 9 of this chapter; or
    2. at any time before the retention hearing described in section 9 of this chapter is held.
  3. 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. If the court issues an order under subsection (c), the court's order must require:
    1. that the firearm be sold not more than one (1) year after receipt of the order; and
    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. 229-2014, SEC. 7.

CHAPTER 15 - Retired Law Enforcement Officers Identification for Carrying Firearms

§35-47-15-1 - "Firearm"

As used in this chapter, "firearm" has the meaning set forth in 18 U.S.C. 926C(e).

As added by P.L.1-2006, SEC.538.

§35-47-15-2 - "Law enforcement agency"

As used in this chapter, "law enforcement agency" means an agency or department of:

  1. the state; or
  2. a political subdivision of the state;

whose principal function is the apprehension of criminal offenders.

As added by P.L.1-2006, SEC.538.

§35-47-15-3 - "Law enforcement officer"

As used in this chapter, "law enforcement officer" has the meaning set forth in IC 35-31.5-2-185. The term includes an arson investigator employed by the office of the state fire marshal.

As added by P.L.1-2006, SEC.538. Amended by P.L.114-2012, SEC.143.

§35-47-15-4 - Photo identification for retired law enforcement officers

After June 30, 2005, all law enforcement agencies shall issue annually to each person who has retired from that agency as a law enforcement officer a photographic identification.

As added by P.L.1-2006, SEC.538.

§35-47-15-5 - Additional requirement for retired law enforcement officer to carry concealed firearm
  1. In addition to the photographic identification issued under section 4 of this chapter, after June 30, 2005, a retired law enforcement officer who carries a concealed firearm under 18 U.S.C. 926C must obtain annually, for each type of firearm that the retired officer intends to carry as a concealed firearm, evidence that the retired officer meets the training and qualification standards for carrying that type of firearm that are established:
    1. by the retired officer's law enforcement agency, for active officers of the agency; or
    2. by the state, for active law enforcement officers in the state.
    A retired law enforcement officer bears any expense associated with obtaining the evidence required under this subsection.
  2. The evidence required under subsection (a) is one (1) of the following:
    1. For compliance with the standards described in subsection (a)(1), an endorsement issued by the retired officer's law enforcement agency with or as part of the photographic identification issued under section 4 of this chapter.
    2. For compliance with the standards described in subsection (a)(2), a certification issued by the state.

As added by P.L.1-2006, SEC.538.

§35-47-15-6 - Immunity from civil or criminal liability

An entity that provides evidence required under section 5 of this chapter is immune from civil or criminal liability for providing the evidence.

As added by P.L.1-2006, SEC.538.