NRA-ILA Research & Information
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Indiana State Firearms Laws
INDIANA
A synopsis of state laws on purchase, possession and carrying of firearms.
(As of September, 1997)
PLEASE NOTE: In addition to state laws, the purchase sale and (in certain
circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968 as amended by the Firearms Owner's Protection Act. Also, cities and localities may have their own
firearm ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published OrdinancesóFirearms, available from the U.S. Government Printing Office, Washington, D.C. 20402.
Note: QUICK REFERENCE CHART was deleted due to size.
STATE CONSTITUTIONAL PROVISION
"The people shall have a right to bear arms, for the defense of themselves
and the State." Article 1 Section 32.
POSSESSION
No state permit is required for the possession of a rifle, shotgun, or
handgun.
PURCHASE
It is unlawful for any person to sell or give a handgun to any person whom
he has a reasonable cause to believe has been convicted of a felony, or is
a drug abuser or under the influence of a drug, or is an alcohol abuser or
in a state of intoxication, or is mentally incompetent, or to any person
under 18 except from a parent or guardian.
To obtain a handgun from a dealer or a private individual, the person
receiving the handgun by sale, trade or transfer must complete an
application in triplicate. The application will contain the time of the
transfer, the receiverís name, address, occupation, birth information, and
a complete description of both the applicant and the handgun including the
make, model, caliber, and serial number. Both parties to the sale, trade,
or transfer of the handgun are required to sign the application. The
transferor is required to forward one copy to the local chief of police or
sheriff, and one copy to the superintendent of the Indiana State Police
within eight hours. The transferor will retain the remaining copy for a
period of six years. The superintendent may require that fingerprints
accompany the application.
The transferor must wait 7 working days before delivering the handgun to the buyer or receiver. During this time the superintendent and local police authority are required to conduct a record search to determine if there are any grounds for non-delivery of a handgun to the applicant. A
person may be disqualified for reasons other than just felony conviction.1 At the end of the 7-day waiting period, if no notice of non-delivery has been received by the transferor, he may deliver the handgun. If a transfer is disapproved, an applicant may ask for a hearing before the superintendent. If the disapproval is upheld, the applicant may appeal to the circuit court.
Indiana law states that "no additional record of any lawful transfer of any firearm shall be made...." All forms utilized are required by law to be forwarded to the recipient of the handgun within six months of the transfer, with the exception of those forms retained by the transferor.
The recipient of the handgun will retain the forms as proof of ownership of the handgun or handguns. It is the policy of the police to return the forms to the recipient of a handgun only if he specifically makes a
request at the expiration of the six months.
Exceptions to the 7-day waiting period:
1. Law enforcement officers and holders of a qualified or unlimited handgun carrying license.
2. Antique handguns.
If the governor declares a disaster emergency he/she may suspend or limit
the sale, dispensation or transportation of firearms. NOTE: Effective November 30, 1998 there shall be a system implemented to provide for access to an instant criminal history background check for the purchase of
a handgun.
CARRYING
No person shall carry a handgun in any vehicle or on or about his person without a license being in his possession. Exceptions to carrying without a license:
1. Carrying on oneís property, in oneís dwelling, or one ís fixed place of business.
2. Any person while carrying a handgun unloaded and in a secure wrapper from the place of purchase, or to and from a
place of repair or in moving from one place of abode or business to another.
3. Regularly enrolled members of any organization authorized to purchase or receive weapons from the U.S. or from Indiana while they are "at or going to or from their place of assembly or target practice."2
4. Law enforcement officers, members of the state board of pharmacy and authorized corrections and judicial officers.
5. Military personnel while on duty.
6. Officers or employees of the U.S. duly authorized to carry handguns.
7. Express company employees when engaged in company business.
8. Persons engaged in the firearms business in the usual or ordinary course of that business.
An application for a license to carry a handgun must be made to the chief
law enforcement officer of the municipality where the applicant resides, or to the sheriff of the county where the applicant resides or has a regular place of business or employment.
The application contains identifying information on the applicant such as:
name, address, length of residence in the community, occupation, age,race, nationality, any criminal record, height and weight, and reason for desiring a license. The officer to whom the application is made shall conduct an investigation into the applicantís official records and verify
his character, reputation, and information contained in the application.
The information together with his recommendation and one set of fingerprints are forwarded to the superintendent. The superintendent may make whatever further investigation he deems necessary. If it appears to the superintendent that the applicant has a proper reason for carrying a
handgun and is of good character and reputation and a "proper person to be
so licensed, he shall issue" either a qualified or an unlimited license to
carry any handgun or handgun lawfully possessed by the applicant.
Proper reasons for a qualified license are hunting and target practice.
Unlimited licenses "shall be issued" for the purpose of "defense of oneself." The superintendent may adopt rules imposing limitations on the use and carrying of handguns by a license holder who carries a handgun as a condition of his employment. Such an applicant is required to present a
letter from his employer showing a job-related need.
The term "proper person" includes someone who is 18 and has not been convicted of a crime which carries a sentence in excess of 1 year, a crime involving an inability to safely handle a handgun, or within 5 years of
being convicted of resisting law enforcement or of violating Indiana ís handgun laws, does not make a false statement of material fact on his application, or is not a drug or alcohol abuser and someone who does not
have a reputation or propensity for violence or instability. Reputation and propensity may be established without necessarily showing a violation of the law resulting in a conviction.
Every initial application will be granted or rejected within sixty days. An application for renewal filed within thirty days of expiration automatically extends the existing license until the application for
renewal has been decided. If an application for a license to carry has been denied, a request for a hearing before the superintendent may be
made. Should the denial be upheld at the hearing, an appeal may be taken to the circuit court.
A license is valid for four years. The application fee is $10. The fee for
a qualified license for hunting and target practice will be $5, and for an unlimited license, $15. Licensed dealers, retired state and U.S. law enforcement officers, and correctional officers shall pay no fee.
The superintendent shall have the authority to suspend at any time any license issued upon having reasonable grounds to believe that that license holder is not a proper person to be licensed.
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.
With the exceptions of limitations on carrying during game seasons, state
law is silent on the issue of carrying rifles and shotguns.
ANTIQUES AND REPLICAS
Indiana's firearms statute "does not apply to any firearm not designed to use fixed cartridges or fixed ammunition, or any fireman made on or before 1898.
MACHINE GUNS
The following persons may possess machine guns:
1. Law enforcement officers and members of the armed forces when on duty.
2. Persons possessing or having applied to possess machine guns under applicable U.S. statutes, pro-vided that such machine guns will be transferred as are handguns: filling
out handgun transfer forms and complying with the seven-day waiting period.
3. Persons engaged in a business that involves machine guns while or when acting within the scope of and in furtherance
of such business.
4. Persons who possess machine guns that are kept for display as relics and which are rendered harmless and not usable.
SAWED-OFF SHOTGUNS
It is unlawful to manufacture, import, sell, give, lend, or possess a sawed-off shotgun. This does not apply to law enforcement officers acting in their official duties or persons, who manufacture, import, or sell
sawed-off shotguns to law enforcement agencies.
MISCELLANEOUS
No person shall make any loan secured by a mortgage, deposit, or pledge of a handgun.
No person shall change, alter, remove, or obliterate the name of the maker, model, manufacturerís serial number, or other mark of identification on any handgun, or possess such handgun, except as provided by applicable United States statute.
It is unlawful to manufacture assemble, or otherwise make any deadly weapon without a valid license or with intent to sell, use or cause it to be used for any unlawful purpose. It is a class D felony to recklessly, knowingly, or intentionally performs an act creating a substantial risk of bodily injury while armed with a deadly weapon. It is a Class C felony to
recklessly, knowingly, or intentionally inflicts serious bodily injury on
another by means of a deadly weapon. It is a Class D felony to haze another person while armed with a deadly weapon. It is a Class D felony to riot while armed with a deadly weapon. It is a Class B felony to draw or
use a deadly weapon while intentionally fleeing from or while knowingly or
intentionally failing to return to lawful detention. A battery committed by means of a deadly weapon is a Class C felony. A rape committed while armed with a deadly weapon is a Class A felony. A court may not suspend a minimum sentence, if the felony committed was battery, sexual battery, confinement, rape, criminal deviate conduct, robbery, burglary, resisting law enforcement, escape, voluntary manslaughter or rioting with a deadly weapon.
It is unlawful to possess, transfer and manufacture handgun ammunition "that has a metal core or an outer coating of plastic." This does not apply to nylon coated ammunition, plastic shot capsules, or ammunition designed to be used in rifles or shotguns. Also excepted are law
enforcement officers acting in the course of their official duties or persons who manufacture, import, or sell such ammunition to law enforcement agencies.
It is unlawful to shoot upon or across a road.
Unless designated as a hunting, firearm sport, or archery area, it is
unlawful to discharge a firearm inside a park that falls within the jurisdiction of a county board.
A person shall not operate an "off road vehicle" or a snowmobile while transporting a firearm, unless unloaded and securely encased or equipped with and made inoperative by a key lock trigger housing mechanism.
The firing, displaying, or threatening use of a firearm constitute grounds for expulsion or suspension of a student in a public school corporation.
SOURCE: Burns Ind. Code, title 35, art. 47, ch. 1-8.
CAUTION: State firearm laws are subject to frequent change. The above summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations that you may encounter, you are strongly urged to consult a local attorney.
A SYNOPSIS OF STATE LAWS ON PURCHASE,
POSSESSION AND CARRYING OF FIREARMS.
Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030
http//:www.nra.org
NS 01080 Rev. 7/97 5M
Posted: 1999-07-16
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