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Old 05-14-2008   #1 (permalink)
SavageEagle
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Private firearms sales...

I found this while looking for what I should expect when I try to purchase a firearms from someone who's not a dealer. Currently I'm looking to trade off most of my computer stuff to get a firearm since mine is in limbo in my appeals process. Looking through here and other regulations I know I will win my appeal.
I found this on the site: Legal Community Against Violence

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Indiana, although federal and state purchaser prohibitions still apply. Indiana Code Annotated § 35-47-2-8 specifically notes that the handgun sales regulations under Chapter 35-47-2 (i.e., the prohibited purchaser provisions) apply equally to an occasional sale, trade, or transfer between individual persons and to retail transactions between dealers and individual persons. See the Indiana Background Checks section.
Pursuant to section 35-47-2-7(a), a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon to any person under age 18, except an individual acting within a parent-minor child or guardian-minor protected person relationship, or any other individual who is also acting in compliance with section 35-47-10 (provisions relating to children and firearms).
Under section 35-47-2-7(b), it is unlawful for a person to sell, give, or in any manner transfer the ownership or possession of a handgun to another individual who the person has reasonable cause to believe:
  • Has been convicted of a felony or adjudicated a delinquent child for an act that would be a felony if committed by an adult, if the person seeking to obtain ownership or possession of the handgun is less than 23 years of age;
  • Is a drug abuser;
  • Is an alcohol abuser; or
  • Is mentally incompetent.
Section 35-47-2.5-14(b) provides that a person is criminally liable for a Class D felony if he or she purchases a handgun with the intent to:
  • Resell or otherwise transfer the handgun to another person who the transferor knows or has reason to believe is ineligible for any reason to purchase or otherwise receive a handgun; or
  • Transport the handgun out of the state to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm.
If a violation of section 35-47-2.5-14 involves a transfer of more than one handgun, the offense rises to a Class C felony. Section 35-47-2.5-14(c).
Any person who sells, barters, gives, or delivers any deadly weapon to any person in a state of intoxication, knowing him or her to be in a state of intoxication, or to any person who is in the habit of becoming intoxicated, and knowing him or her to be a person who is in the habit of becoming intoxicated, commits a Class B misdemeanor. Section 35-47-4-1.
Although section 35-47-2.5-1 specifically excludes Indiana residents licensed to carry handguns from the handgun sales requirements of Chapter 35-47-2.5, the Indiana State Police have stated that this statute became inoperative on October 1, 2003, when Indiana licenses to carry a handgun ceased being an alternative to background checks under the federal Brady Act. See the Indiana Carrying Firearms section.
The Indiana Code does not address the private sale of rifles or shotguns.
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