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  1. #1
    Shooter
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    Machine guns in Indiana

    Hello,

    I am wanting to find out about Indiana law as it pertains to machine guns. Ok, now I understand that to purchase a machine gun, one must go thru the PITA process and send the ATF 200 bones, etc. But my questions are about Indiana code, and not Federal code. Now before I start I want to make sure that everyone knows from the get-go, that I do not advocate breaking any laws, local, state or federal.

    But the way that IC 35-47-5-10 spells out the applicability of statutes relating to machine guns looks like it gives anyone at any time the ability to operate a machine gun in Indiana.

    Ok, so just to go over the IC's to refresh everyone's mind, here we go.

    IC 35-47-5-8
    Machine gun
    Sec. 8. A person who owns or possesses a machine gun commits a Class C felony.
    As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.3; P.L.123-2002, SEC.43.

    IC 35-47-5-9
    Operating loaded machine gun
    Sec. 9. A person who operates a loaded machine gun commits a Class B felony.
    As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.4; P.L.123-2002, SEC.44.

    IC 35-47-5-10
    Applicability of statutes relating to machine guns
    Sec. 10. 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.

    ok, if you can focus on IC 35-47-5-10 (4)

    (4) Persons lawfully engaged in the display, testing, or use of fireworks.

    Does this section mean that in Indiana one can operate a machine gun while displaying, testing or using fireworks? Looks like to to me.

    If you now focus on IC 35-47-5-10 (7)

    (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.

    This would be for applying for a machine gun tax stamp and be transferred a machine gun according to the federal statutes I assume.

    Now please focus on IC 35-47-5-10 (8)

    (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.

    Now this section is where I have my main question. At the end of the section you will see "or any other lawful use" Well when I first noticed the section, to me it looks like it spells out that anyone can operate a machine gun for any reason, because a person could be 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.

    I have capitalized the section that to me gives a blanket allowance for anyone to possess and operate a machine gun in Indiana. Would I be correct or incorrect. I don't want to get into a discussion about BATF regulations, or federal law, since I am wanting to understand state statutes first.

    Thanks,

    INGunGuy

  2. #2
    Grandmaster indykid's Avatar
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    Yes, Indiana is among, if not the most firearm friendly state in the nation. As you figured, as long as you pay the $200 blackmail fee and get the tax stamp from uncle fed, you are good to go. The only laws that apply to owning full auto weapons in Indiana are the ones forced on us by the feds.

  3. #3
    Shooter
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    Quote Originally Posted by indykid View Post
    Yes, Indiana is among, if not the most firearm friendly state in the nation. As you figured, as long as you pay the $200 blackmail fee and get the tax stamp from uncle fed, you are good to go. The only laws that apply to owning full auto weapons in Indiana are the ones forced on us by the feds.
    I know about the issues with the FED law, but from what I can tell, if we forget about Federal law, and focus directly on Indiana law, and more specifically:

    (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.

    Looks to me like anyone can own and fire a machine gun, because of subsection 8, unless they are breaking the law while using a machine gun. I still love section (4) about fireworks also.

    Anyone else have any info on machine guns in Indiana.

    INGunGuy

  4. #4
    Plinker BigJ3780's Avatar
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    So it IS ok to own full auto weapons in Indiana? A simple form and $200 and anyone can own a fully automatic weapon?

  5. #5
    Sharpshooter kevman65's Avatar
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    Quote Originally Posted by BigJ3780 View Post
    So it IS ok to own full auto weapons in Indiana? A simple form and $200 and anyone can own a fully automatic weapon?

    Anyone that can pass the Federal background check in order to receive the fun stamp. Minus convicted felons, mental patients, illegal aliens (sorry ET)so on so forth etc


    Addendum; At one point in time, one also needed an Indiana license to carry to possess full automatic. I don't see that verbiage in the listed statutes so it may have been removed.

  6. #6
    Tactical Platypus
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    Quote Originally Posted by BigJ3780 View Post
    So it IS ok to own full auto weapons in Indiana? A simple form and $200 and anyone can own a fully automatic weapon?
    That is making it sound a little easiser then it really is, but yes.

    As and individual, if you fill out your forms (Form 4, Fingerprint Cards, Cert. of Compliance) and send them to ATF with your $200 tax payment and you pass your background check then after 30-180ish days you are approved for the transfer of the auto weapon you have purchased.

    Now full auto weapons are going to run you from $2500.00-$400,000.00+ depending on what flavor you like. Making one yourself as an individual is out of the question and has been outlawed since May of 1986.

    HTH
    Corey A. Shaffer, Director of Sales
    Law Enforcement & Government Division
    Thompson Machine Sound Suppressors
    Crawfordville, Florida 32327
    Phone: (317)694-5126
    Fax: (850)984-5483
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    www.thompsonmachine.net

  7. #7
    OAK
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    Quote Originally Posted by kevman65 View Post
    Anyone that can pass the Federal background check in order to receive the fun stamp. Minus convicted felons, mental patients, illegal aliens (sorry ET)so on so forth etc
    And MINUS anyone that marks yes to the "USE OF MARIJUANA"
    "A patriot must always be ready to defend his country..." Edward Abbey

  8. #8
    Marksman indybrad's Avatar
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    Quote Originally Posted by OAK View Post
    And MINUS anyone that marks yes to the "USE OF MARIJUANA"

    That's where I screwed up when filling out the form.
    Born free, taxed to death

  9. #9
    Grandmaster
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    Back on topic...

    I think this came up about a year ago and there was a little discussion on it. But in the end, nobody really knew what it meant...

    I personally think that you may be correct, that we could possess them without going through the federal loop. The catch is that is says "any other lawful purpose". Because you would be breaking federal law by possessing a MG under section 8 then I don't think section 8 applies...

  10. #10
    Plinker
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    as an individual the machine guns must be registered as transferable prior to the 1986 dedline. an individual cannot own a pre or post dealer sample nor can they own a non registered machinegun nor get a non registered machine gun to be registered. but in indiana you cannot own a short barrelled shotgun even though federal law allows you to unless you are a class2,or 3 etc but you can own an aow shotgun.

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