harry mudd
Moderator
"IC 35-47-5-4
Repealed
(Repealed by P.L.1-1990, SEC.350.)
IC 35-47-5-4.1
Sawed-off shotgun
Sec. 4.1. (a) 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;
any sawed-off shotgun commits dealing in a sawed-off shotgun, a Class D felony.
(b) The presence of a weapon referred to in subsection (a) in a motor vehicle (as defined under IC 9-13-2-105(a)) except for school buses and a vehicle operated in the transportation of passengers by a common carrier (as defined in IC 8-2.1-17-4) creates an inference that the weapon is in the possession of the persons occupying the motor vehicle. However, the inference does not apply to all the persons occupying the motor vehicle if the weapon is found upon, or under the control of, one (1) of the occupants. In addition, the inference does not apply to a duly licensed driver of a motor vehicle for hire who finds the weapon in the licensed driver's motor vehicle in the proper pursuit of the licensed driver's trade.
(c) 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 a sawed-off shotgun to a law enforcement agency.
As added by P.L.1-1990, SEC.351. Amended by P.L.2-1991, SEC.107."
This is the current Indiana law on sawed off shotguns. Previously it included a definition of sawed off shotgun as having a barrel less than 18 inches and being less than 26 inches overall, but that part seems to have been repealed. What should someone do if they had such a shotgun and it was quite legal at the time, then they find that the law has been changed in this manner? The law plainly indicates that for a saw to be used on a shotgun is a felony, no matter how long it is after the work is finished. A guy might of found himself a felon overnight for something that was perfectly legal when it was done! SO....... What would the proper procedure be in this case? how does someone clear himself of felonies laid on him after the fact? Opinions anyone?
Repealed
(Repealed by P.L.1-1990, SEC.350.)
IC 35-47-5-4.1
Sawed-off shotgun
Sec. 4.1. (a) 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;
any sawed-off shotgun commits dealing in a sawed-off shotgun, a Class D felony.
(b) The presence of a weapon referred to in subsection (a) in a motor vehicle (as defined under IC 9-13-2-105(a)) except for school buses and a vehicle operated in the transportation of passengers by a common carrier (as defined in IC 8-2.1-17-4) creates an inference that the weapon is in the possession of the persons occupying the motor vehicle. However, the inference does not apply to all the persons occupying the motor vehicle if the weapon is found upon, or under the control of, one (1) of the occupants. In addition, the inference does not apply to a duly licensed driver of a motor vehicle for hire who finds the weapon in the licensed driver's motor vehicle in the proper pursuit of the licensed driver's trade.
(c) 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 a sawed-off shotgun to a law enforcement agency.
As added by P.L.1-1990, SEC.351. Amended by P.L.2-1991, SEC.107."
This is the current Indiana law on sawed off shotguns. Previously it included a definition of sawed off shotgun as having a barrel less than 18 inches and being less than 26 inches overall, but that part seems to have been repealed. What should someone do if they had such a shotgun and it was quite legal at the time, then they find that the law has been changed in this manner? The law plainly indicates that for a saw to be used on a shotgun is a felony, no matter how long it is after the work is finished. A guy might of found himself a felon overnight for something that was perfectly legal when it was done! SO....... What would the proper procedure be in this case? how does someone clear himself of felonies laid on him after the fact? Opinions anyone?