State of Indiana Firearms FAQ - Good Info

[Dave]

http://www.in.gov/isp/files/firearms_FAQ_02_08.pdf

[38special]

Some great information. I have seen questions raised regarding the new lifetime permit. This answers it.

[Josh Smith]

Link is dead...

[Bill of Rights]

Originally Posted by Josh Smith

Link is dead...

New link:
http://www.in.gov/isp/files/firearms_FAQ_02_08.pdf

They just moved stuff around and maybe updated it a bit, considering the new filename.

Blessings,
Bill

[Josh Smith]

I'm selling a pistol, did a bunch of research, and the way it looks, the thing must be gifted from a parent or guardian. It will be in his or her name on the 4473.

The ISP site is now quiet on the subject.

This all really sucks, because I believe I should be able to sell to anyone I wish to, and I know some 18 year olds who are more mature than soem 40 year olds!

Josh <><

[Josh Smith]

Thank you, Bill!

IC 35-47-2.5-14
Providing handgun to ineligible purchaser; exemptions

<snip>

(b) A person who purchases a handgun with the intent to:
(1) resell or otherwise provide the handgun to another person who the person knows or has
reason to believe is ineligible for any reason to purchase or otherwise receive from a dealer a
handgun; or
(2) 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;
commits a Class D felony.
(c) If the violation of this section involves a transfer of more than one (1) handgun, the offense
is a Class C felony.
As added by P.L.17-1997, SEC.8.
IC 35-47-2.5-15
Ineligible purchaser attempting to purchase handgun; violation
Sec. 15. (a) A person who is ineligible to purchase or otherwise receive or possess a handgun
in Indiana who knowingly or intentionally solicits, employs, or assists any person in violating
section 14 of this chapter commits a Class D felony.
(b) If the violation involves a transfer of more than one (1) handgun, the offense is a Class C
felony.
As added by P.L.17-1997, SEC.8.

Reading this, it appears a private sale to anyone under 21 is a crime, and the pistol must be gifted to the person by a guardian.

The key word here is "intent." However, the last bold type seems to, where it says "A person who is ineligible to purchase"... I just don't know if that means "inelligible to purchase from an FFL" or what.

This is a gray area, and one that needs to be more properly defined. I do not know what the spirit of the law is intended to be, but the way I read it, if you're not a guardian or authorized person to provide a handgun to someone under 21, then both people could find themselves in a heap of trouble.

I really wanted this to go the other way, but I think that this sale on the handgun I have going on now will have to go to someone 21+, and I'll keep long guns (if I sell any in the future, doubtful) to 18+.

I wonder if this was intentionally left ambiguous?

Josh <><

[finity]

Originally Posted by Josh Smith

IC 35-47-2.5-14
Providing handgun to ineligible purchaser; exemptions

<snip>

(b) A person who purchases a handgun with the intent to:
(1) resell or otherwise provide the handgun to another person who the person knows or has reason to believe is ineligible for any reason to purchase or otherwise receive from a dealer a
handgun; or
(2) 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;
commits a Class D felony.
(c) If the violation of this section involves a transfer of more than one (1) handgun, the offense
is a Class C felony.
As added by P.L.17-1997, SEC.8.
IC 35-47-2.5-15
Ineligible purchaser attempting to purchase handgun; violation
Sec. 15. (a) A person who is ineligible to purchase or otherwise receive or possess a handgun
in Indiana who knowingly or intentionally solicits, employs, or assists any person in violating
section 14 of this chapter commits a Class D felony.
(b) If the violation involves a transfer of more than one (1) handgun, the offense is a Class C
felony.
As added by P.L.17-1997, SEC.8.

Originally Posted by Josh Smith

Reading this, it appears a private sale to anyone under 21 is a crime, and the pistol must be gifted to the person by a guardian.

The key word here is "intent." However, the last bold type seems to, where it says "A person who is ineligible to purchase"... I just don't know if that means "inelligible to purchase from an FFL" or what.

This is a gray area, and one that needs to be more properly defined. I do not know what the spirit of the law is intended to be, but the way I read it, if you're not a guardian or authorized person to provide a handgun to someone under 21, then both people could find themselves in a heap of trouble.

I really wanted this to go the other way, but I think that this sale on the handgun I have going on now will have to go to someone 21+, and I'll keep long guns (if I sell any in the future, doubtful) to 18+.

I wonder if this was intentionally left ambiguous?

Josh <><

Upon my initial re-reading of the statute I was confused because...

IC 35-47-2-7
Prohibited sales or transfers of ownership
Sec. 7. (a) 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, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon (as defined in IC 35-50-2-11) to any person under eighteen (18) years of age.
(b) It is unlawful for a person to sell, give, or in any manner transfer the ownership or possession of a handgun to another person who the person has reasonable cause to believe:
(1) has been:
(A) convicted of a felony; or
(B) 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 twenty-three (23) years of age;
(2) is a drug abuser;
(3) is an alcohol abuser; or
(4) is mentally incompetent.
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.

...pretty clearly states that a handgun sale is not prohibited unless the person is under 18 (among other things not at issue here).

I then realized that the Statute you posted above was referring to "straw purchases". If you intentionally buy a gun for someone knowing that that they could not buy the same gun from a dealer for the sole purpose of transferring possession of that gun to them then that is illegal unless it is done under a parent-child/guardian-child relationship. If you didn't originally buy the gun for the sole purpose or reselling the gun to someone you know couldn't otherwise buy the gun from a dealer then it looks like you'll be fine.

IC 35-47-2-7 allows you to sell or give anyone over the age of 18 a handgun as long as they are not an otherwise prohibited person.

On another interesting note:

IC 35-47-2.5-1
Applicability; conflicts
Sec. 1. (a) This chapter does 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.

The above chapter (IC 35-47-2.5) does not apply to LTCH holders.

Hmmm...

[Josh Smith]

Yeah, I saw that too...

Like I said, I believe it's intentionally ambiguous.

I was accused by another member when I gave him negative feedback about not knowing Indiana laws.

I can't find a cop and two lawyers who agree on what this all means.

I'm sure the fella must be an expert, so I'll defer to him.

Josh <><

[IndyRoadie]

Hello all. This is my first post, so be gentle!

I have applied for my Indiana LTCH and will be hunting for my first handgun this weekend.

What I want to know is: I know you don't need a permit to buy a handgun in Indiana, but you do to carry it. So, what happens if I get pulled over on the way home from buying my gun? Obviously I will have it in the box, in the hatch (no trunk), not on me. Also, I know you do not need a permit to shoot at a gun range, correct? So is it legal for me to box the gun up, and go to a range while waiting for my permit?

I couldn't find anything in the FAQ that addressed this issue, so if it was there, sorry!

I figured I would thread hack here since it is so close in subject to my question, rather than start a new thread.

Thanks, and great Forum you have here BTW, I am learning stuff here already!

[Bill of Rights]

Originally Posted by IndyRoadie

Hello all. This is my first post, so be gentle!

I have applied for my Indiana LTCH and will be hunting for my first handgun this weekend.

What I want to know is: I know you don't need a permit to buy a handgun in Indiana, but you do to carry it. So, what happens if I get pulled over on the way home from buying my gun? Obviously I will have it in the box, in the hatch (no trunk), not on me. Also, I know you do not need a permit to shoot at a gun range, correct? So is it legal for me to box the gun up, and go to a range while waiting for my permit?

I couldn't find anything in the FAQ that addressed this issue, so if it was there, sorry!

I figured I would thread hack here since it is so close in subject to my question, rather than start a new thread.

Thanks, and great Forum you have here BTW, I am learning stuff here already!

Hi and to INGO!

You are legal, per IN statute, to transport your firearm unloaded and in a "secure wrapper" to or from the place of purchase, to or from a place of repair, with the other end of that journey being your home or your business. You may also transport your firearm to a new place of residence in this manner, if moving to a new home.

IC 35-47-2-2
Excepted persons
Sec. 2. 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 him 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;
(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 his possession, using, or carrying a handgun in the usual or ordinary course of that business; or
(11) any person while carrying a handgun unloaded and in a secure wrapper from the place of purchase to his dwelling or fixed place of business, or to a place of repair or back to his dwelling or fixed place of business, or in moving from one dwelling or business to another.

FYI, no, you may not transport to or from a range legally, unless the range is also a place of repair. Hope that helps.

Blessings,
Bill