IC 35-47-2-1 Carrying a handgun without a license or by person convicted of
domestic battery
Sec. 1. (a) Except as provided in subsection (b) and section 2 of
this chapter, a person shall not carry a handgun in any vehicle or on
or about the person's body, except in the person's dwelling, on the
person's property or fixed place of business, without a license issued
under this chapter being in the person's possession.
(b) Unless the person's right to possess a firearm has been restored
under IC 35-47-4-7, a person who has been convicted of domestic
battery under IC 35-42-2-1.3 may not possess or carry a handgun in
any vehicle or on or about the person's body in the person's dwelling
or on the person's property or fixed place of business. As added by P.L.311-1983, SEC.32. Amended by P.L.326-1987,
SEC.1; P.L.195-2003, SEC.6; P.L.98-2004, SEC.155; P.L.118-2007,
SEC.35.
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. As added by P.L.311-1983, SEC.32. IC 35-47-2-3 Application for license to carry handgun; procedure
Sec. 3. (a) A person desiring a license to carry a handgun shall
apply:
(1) to the chief of police or corresponding law enforcement
officer of the municipality in which the applicant resides;
(2) if that municipality has no such officer, or if the applicant
does not reside in a municipality, to the sheriff of the county in
which the applicant resides after the applicant has obtained an
application form prescribed by the superintendent; or
(3) if the applicant is a resident of another state and has a
regular place of business or employment in Indiana, to the
sheriff of the county in which the applicant has a regular place
of business or employment.
The superintendent and local law enforcement agencies shall allow
an applicant desiring to obtain or renew a license to carry a handgun
to submit an application electronically under this chapter if funds are
available to establish and maintain an electronic application system.
(b) The law enforcement agency which accepts an application for
a handgun license shall collect the following application fees:
(1) From a person applying for a four (4) year handgun license,
a ten dollar ($10) application fee, five dollars ($5) of which
shall be refunded if the license is not issued.
(2) From a person applying for a lifetime handgun license who
does not currently possess a valid Indiana handgun license, a
fifty dollar ($50) application fee, thirty dollars ($30) of which
shall be refunded if the license is not issued.
(3) From a person applying for a lifetime handgun license who
currently possesses a valid Indiana handgun license, a forty
dollar ($40) application fee, thirty dollars ($30) of which shall
be refunded if the license is not issued.
Except as provided in subsection (h), the fee shall be deposited into
the law enforcement agency's firearms training fund or other
appropriate training activities fund and used by the agency to train
law enforcement officers in the proper use of firearms or in other law
enforcement duties, or to purchase firearms, firearm related
equipment, or body armor (as defined in IC 35-47-5-13(a)) for the
law enforcement officers employed by the law enforcement agency.
The state board of accounts shall establish rules for the proper
accounting and expenditure of funds collected under this subsection.
(c) The officer to whom the application is made shall ascertain the
applicant's name, full address, length of residence in the community,
whether the applicant's residence is located within the limits of any
city or town, the applicant's occupation, place of business or
employment, criminal record, if any, and convictions (minor traffic
offenses excepted), age, race, sex, nationality, date of birth,
citizenship, height, weight, build, color of hair, color of eyes, scars
and marks, whether the applicant has previously held an Indiana
license to carry a handgun and, if so, the serial number of the license
and year issued, whether the applicant's license has ever been
suspended or revoked, and if so, the year and reason for the
suspension or revocation, and the applicant's reason for desiring a
license. The officer to whom the application is made shall conduct
an investigation into the applicant's official records and verify
thereby the applicant's character and reputation, and shall in addition
verify for accuracy the information contained in the application, and
shall forward this information together with the officer's
recommendation for approval or disapproval and one (1) set of
legible and classifiable fingerprints of the applicant to the
superintendent.
(d) The superintendent may make whatever further investigation
the superintendent deems necessary. Whenever disapproval is
recommended, the officer to whom the application is made shall
provide the superintendent and the applicant with the officer's
complete and specific reasons, in writing, for the recommendation of
disapproval.
(e) If it appears to the superintendent that the applicant:
(1) has a proper reason for carrying a handgun;
(2) is of good character and reputation;
(3) is a proper person to be licensed; and
(4) is:
(A) a citizen of the United States; or
(B) not a citizen of the United States but is allowed to carry
a firearm in the United States under federal law;
the superintendent shall issue to the applicant a qualified or an
unlimited license to carry any handgun lawfully possessed by the
applicant. The original license shall be delivered to the licensee. A
copy shall be delivered to the officer to whom the application for
license was made. A copy shall be retained by the superintendent for
at least four (4) years in the case of a four (4) year license. The
superintendent may adopt guidelines to establish a records retention
policy for a lifetime license. A four (4) year license shall be valid for
a period of four (4) years from the date of issue. A lifetime license is
valid for the life of the individual receiving the license. The license
of police officers, sheriffs or their deputies, and law enforcement
officers of the United States government who have been honorably
retired by a lawfully created pension board or its equivalent after
twenty (20) or more years of service, shall be valid for the life of
these individuals. However, a lifetime license is automatically
revoked if the license holder does not remain a proper person.
(f) At the time a license is issued and delivered to a licensee under
subsection (e), the superintendent shall include with the license
information concerning handgun safety rules that:
(1) neither opposes nor supports an individual's right to bear
arms; and
(2) is:
(A) recommended by a nonprofit educational organization
that is dedicated to providing education on safe handling and
use of firearms;
(B) prepared by the state police department; and
(C) approved by the superintendent.
The superintendent may not deny a license under this section because
the information required under this subsection is unavailable at the
time the superintendent would otherwise issue a license. The state
police department may accept private donations or grants to defray
the cost of printing and mailing the information required under this
subsection.
(g) A license to carry a handgun shall not be issued to any person
who:
(1) has been convicted of a felony;
(2) has had a license to carry a handgun suspended, unless the
person's license has been reinstated;
(3) is under eighteen (18) years of age;
(4) is under twenty-three (23) years of age if the person has
been adjudicated a delinquent child for an act that would be a
felony if committed by an adult; or
(5) has been arrested for a Class A or Class B felony, or any
other felony that was committed while armed with a deadly
weapon or that involved the use of violence, if a court has found
probable cause to believe that the person committed the offense
charged.
In the case of an arrest under subdivision (5), a license to carry a
handgun may be issued to a person who has been acquitted of the
specific offense charged or if the charges for the specific offense are
dismissed. The superintendent shall prescribe all forms to be used in
connection with the administration of this chapter.
(h) If the law enforcement agency that charges a fee under
subsection (b) is a city or town law enforcement agency, the fee shall
be deposited in the law enforcement continuing education fund
established under IC 5-2-8-2.
(i) If a person who holds a valid license to carry a handgun issued
under this chapter:
(1) changes the person's name;
(2) changes the person's address; or
(3) experiences a change, including an arrest or a conviction,
that may affect the person's status as a proper person (as defined
in IC 35-47-1-7) or otherwise disqualify the person from
holding a license;
the person shall, not later than thirty (30) days after the date of a
change described under subdivision (3), and not later than sixty (60)
days after the date of the change described under subdivision (1) or
(2), notify the superintendent, in writing, of the event described
under subdivision (3) or, in the case of a change under subdivision
(1) or (2), the person's new name or new address.
(j) The state police shall indicate on the form for a license to carry
a handgun the notification requirements of subsection (i).
(k) The state police department shall adopt rules under IC 4-22-2
to implement an electronic application system under subsection (a).
Rules adopted under this section must require the superintendent to
keep on file one (1) set of classifiable and legible fingerprints from
every person who has received a license to carry a handgun so that
a person who applies to renew a license will not be required to
submit an additional set of fingerprints.
(l) Except as provided in subsection (m), for purposes of
IC 5-14-3-4(a)(1), the following information is confidential, may not
be published, and is not open to public inspection:
(1) Information submitted by a person under this section to:
(A) obtain; or
(B) renew;
a license to carry a handgun.
(2) Information obtained by a federal, state, or local government
entity in the course of an investigation concerning a person who
applies to:
(A) obtain; or
(B) renew;
a license to carry a handgun issued under this chapter.
(3) The name, address, and any other information that may be
used to identify a person who holds a license to carry a handgun
issued under this chapter.
(m) Notwithstanding subsection (l):
(1) any information concerning an applicant for or a person who
holds a license to carry a handgun issued under this chapter may
be released to a federal, state, or local government entity:
(A) for law enforcement purposes; or
(B) to determine the validity of a license to carry a handgun;
and
(2) general information concerning the issuance of licenses to
carry handguns in Indiana may be released to a person
conducting journalistic or academic research, but only if all
personal information that could disclose the identity of any
person who holds a license to carry a handgun issued under this
chapter has been removed from the general information. As added by P.L.311-1983, SEC.32. Amended by P.L.26-1990,
SEC.15; P.L.48-1993, SEC.5; P.L.140-1994, SEC.6; P.L.269-1995,
SEC.6; P.L.2-1996, SEC.284; P.L.27-2001, SEC.1; P.L.120-2001,
SEC.1; P.L.49-2005, SEC.2; P.L.187-2005, SEC.3; P.L.190-2006,
SEC.2; P.L.155-2007, SEC.1; P.L.47-2010, SEC.1; P.L.34-2010,
SEC.4.
IC 35-47-2-4 Qualified or unlimited licenses to carry handguns; fees; exemptions
from payment of fees
Sec. 4. (a) Licenses to carry handguns shall be either qualified or
unlimited, and are valid for:
(1) four (4) years from the date of issue in the case of a four (4)
year license; or
(2) the life of the individual receiving the license in the case of
a lifetime license.
A qualified license shall be issued for hunting and target practice.
The superintendent may adopt rules imposing limitations on the use
and carrying of handguns under a license when handguns are carried
by a licensee as a condition of employment. Unlimited licenses shall
be issued for the purpose of the protection of life and property.
(b) In addition to the application fee, the fee for:
(1) a qualified license shall be:
(A) five dollars ($5) for a four (4) year qualified license;
(B) twenty-five dollars ($25) for a lifetime qualified license
from a person who does not currently possess a valid Indiana
handgun license; or
(C) twenty dollars ($20) for a lifetime qualified license from
a person who currently possesses a valid Indiana handgun
license; and
(2) an unlimited license shall be:
(A) thirty dollars ($30) for a four (4) year unlimited license;
(B) seventy-five dollars ($75) for a lifetime unlimited license
from a person who does not currently possess a valid Indiana
handgun license; or
(C) sixty dollars ($60) for a lifetime unlimited license from
a person who currently possesses a valid Indiana handgun
license.
The superintendent shall charge a twenty dollar ($20) fee for the
issuance of a duplicate license to replace a lost or damaged license.
These fees shall be deposited in accordance with subsection (e).
(c) Licensed dealers are exempt from the payment of fees
specified in subsection (b) for a qualified license or an unlimited
license.
(d) The following officers of this state or the United States who
have been honorably retired by a lawfully created pension board or
its equivalent after at least twenty (20) years of service or because of
a disability are exempt from the payment of fees specified in
subsection (b):
(1) Police officers.
(2) Sheriffs or their deputies.
(3) Law enforcement officers.
(4) Correctional officers.
(e) Fees collected under this section shall be deposited in the state
general fund.
(f) The superintendent may not issue a lifetime qualified license
or a lifetime unlimited license to a person who is a resident of
another state. The superintendent may issue a four (4) year qualified
license or a four (4) year unlimited license to a person who is a
resident of another state and who has a regular place of business or
employment in Indiana as described in section 3(a)(3) of this chapter. As added by P.L.311-1983, SEC.32. Amended by P.L.209-1986,
SEC.1; P.L.148-1987, SEC.4; P.L.75-1989, SEC.9; P.L.190-2006,
SEC.3; P.L.1-2007, SEC.235; P.L.155-2007, SEC.2.
IC 35-47-2-5 Suspension or revocation of license; failure to return license; rules
concerning procedure for suspending or revoking license
Sec. 5. (a) The superintendent may suspend or revoke any license
issued under this chapter if he has reasonable grounds to believe that
the person's license should be suspended or revoked.
(b) Documented evidence that a person is not a "proper person"
to be licensed as defined by IC 35-47-1-7, or is prohibited under
section 3(g)(5) of this chapter from being issued a license, shall be
grounds for immediate suspension or revocation of a license
previously issued under this chapter. However, if a license is
suspended or revoked based solely on an arrest under section 3(g)(5)
of this chapter, the license shall be reinstated upon the acquittal of
the defendant in that case or upon the dismissal of the charges for the
specific offense.
(c) A person who fails to promptly return his license after written
notice of suspension or revocation commits a Class A misdemeanor.
The observation of a handgun license in the possession of a person
whose license has been suspended or revoked constitutes a sufficient
basis for the arrest of that person for violation of this subsection.
(d) The superintendent shall establish rules under IC 4-22-2
concerning the procedure for suspending or revoking a person's
license. As added by P.L.311-1983, SEC.32. Amended by P.L.140-1994,
SEC.7; P.L.2-1996, SEC.285; P.L.120-2001, SEC.2; P.L.1-2006,
SEC.535.
IC 35-47-2-6 Granting or rejecting initial application; renewals
Sec. 6. (a) Every initial application for any license under this
chapter shall be granted or rejected within sixty (60) days after the
application is filed.
(b) The period during which an application for the renewal of an
existing license may be filed begins three hundred sixty-five (365)
days before the expiration of the existing license. If the application
for renewal of an existing license is filed within thirty (30) days of
its expiration, the existing license is automatically extended until the
application for renewal is passed upon. As added by P.L.311-1983, SEC.32. Amended by P.L.190-2006,
SEC.4; P.L.47-2010, SEC.2.
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.
IC 35-47-2-8 Regulation of sale of handguns imposed by this chapter;
application
Sec. 8. The regulation of the sale of handguns imposed by this
chapter shall apply equally to an occasional sale, trade, or transfer
between individual persons and to retail transactions between dealers
and individual persons. As added by P.L.311-1983, SEC.32. Amended by P.L.17-1997,
SEC.6.
IC 35-47-2-9
Repealed
(Repealed by P.L.17-1997, SEC.9.)
IC 35-47-2-10
Repealed
(Repealed by P.L.17-1997, SEC.9.)
IC 35-47-2-11
Repealed
(Repealed by P.L.17-1997, SEC.9.)
IC 35-47-2-12
Repealed
(Repealed by P.L.17-1997, SEC.9.)
IC 35-47-2-13
Repealed
(Repealed by P.L.17-1997, SEC.10.)
IC 35-47-2-14 Necessity of retail handgun dealer's license; display
Sec. 14. A retail dealer who:
(1) sells;
(2) trades;
(3) transfers;
(4) exposes for sale, trade, or transfer; or
(5) possesses with intent to sell, trade, or transfer;
any handgun without being licensed under sections 15 and 16 of this
chapter and without displaying his license at all times commits a
Class B misdemeanor. As added by P.L.311-1983, SEC.32.
IC 35-47-2-15 Retail handgun dealer's license; application procedure
Sec. 15. (a) A person desiring a retail handgun dealer's license
shall apply to the sheriff of the county in which he resides, or if he
is a resident of another state and has a regular place of business in
Indiana, then to the sheriff of the county in which he has a regular
place of business. The applicant shall state his name, full address,
occupation, sex, race, age, place of birth, date of birth, nationality,
height, weight, build, color of eyes, color of hair, complexion, scars
and marks, and any criminal record (minor traffic offenses excepted).
The officer to whom the application is made shall verify the
application and search his records concerning the applicant's
character and reputation.
(b) The officer to whom the application is made shall send to the
superintendent:
(1) the verified application;
(2) the results of the officer's investigation; and
(3) the officer's recommendation for approval or disapproval of
the application;
in as many copies as the superintendent shall designate, and one (1)
set of legible and classifiable fingerprints of the applicant. The
superintendent may make whatever further investigation he deems
necessary. Whenever disapproval is recommended by the officer to
whom the application was made, he shall provide the superintendent
and the applicant with his complete reasons for the disapproval in
writing. If the officer to whom the application is made recommends
approval, he shall instruct the applicant in the proper method of
taking legible and classifiable fingerprints. If it appears to the
superintendent that the applicant is of good character and reputation
and a proper person to be licensed, he shall issue to the applicant a
retail handgun dealer's license which shall be valid for a period of
two (2) years from the date of issue. The fee for the license shall be
twenty dollars ($20), which shall be deposited with the officer to
whom the application is made, who shall in turn forward it to the
superintendent for deposit with the treasurer of state when the
application is approved by the superintendent. In the event that the
application is disapproved by the superintendent, the fee shall be
returned to the applicant along with the complete reasons, in writing,
for the disapproval.
(c) No retail dealer's license shall be issued to any person who has
been:
(1) convicted of a felony; or
(2) adjudicated a delinquent child for an act that would be a
felony if committed by an adult, if the person applying for the
retail dealer's license is less than twenty-three (23) years of age;
in Indiana or any other state or country.
(d) A retail dealer's license shall permit the licensee to sell
handguns at retail within this state subject to the conditions specified
in this chapter. The license may be suspended or revoked in
accordance with applicable law, and the licensee may be subject to
punishment as provided in this chapter. As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984,
SEC.4; P.L.269-1995, SEC.9.
IC 35-47-2-16 Retail handgun dealer's license; restrictions; display; prohibited
sales; gun show
Sec. 16. (a) A retail dealer's business shall be carried on only in
the site designated in the license. A separate license shall be required
for each separate retail outlet. Whenever a licensed dealer moves his
place of business, he shall promptly notify the superintendent, who
shall at once issue an amended license certificate valid for the
balance of the license period. This subsection does not apply to sales
at wholesale.
(b) The license, certified by the issuing authority, shall be
displayed on the business premises in a prominent place where it can
be seen easily by prospective customers.
(c) No handgun shall be sold:
(1) in violation of any provision of this chapter; or
(2) under any circumstances unless the purchaser is personally
known to the seller or presents clear evidence of his identity.
(d) Notwithstanding subsection (a), a retail dealer may display,
sell, or transfer handguns at a gun show in accordance with this
chapter and federal law. As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984,
SEC.5; P.L.148-1987, SEC.5.
IC 35-47-2-17 Giving false information or offering false evidence of identity;
violation of section
Sec. 17. No person, in purchasing or otherwise securing delivery
of a handgun or in applying for a license to carry a handgun, shall
give false information or offer false evidence of identity. In addition
to any penalty provided by this chapter, any handgun obtained
through false information shall be subject to confiscation and
disposition as provided in this chapter. Upon notice of a violation of
this section by the superintendent, it shall be the duty of the sheriff
or chief of police or corresponding officer of the jurisdiction in
which the purchaser resides to confiscate the firearm and retain it as
evidence pending trial for the offense. As added by P.L.311-1983, SEC.32.
IC 35-47-2-18 Obliterating identification marks on handgun or possession of such
handguns prohibited
Sec. 18. No person shall:
(1) change, alter, remove, or obliterate the name of the maker,
model, manufacturer's serial number, or other mark of
identification on any handgun; or
(2) possess any handgun on which the name of the maker,
model, manufacturer's serial number, or other mark of
identification has been changed, altered, removed, or
obliterated;
except as provided by applicable United States statute. As added by P.L.311-1983, SEC.32.
IC 35-47-2-19 Application of chapter
Sec. 19. This chapter does not apply to any firearm not designed
to use fixed cartridges or fixed ammunition, or any firearm made
before January 1, 1899. As added by P.L.311-1983, SEC.32.
IC 35-47-2-20 Removal of disability under this chapter
Sec. 20. (a) A full pardon from the governor of Indiana for:
(1) a felony other than a felony that is included in IC 35-42; or
(2) a violation of this chapter;
removes any disability under this chapter imposed because of that
offense, if fifteen (15) years have elapsed between the time of the
offense and the application for a license under this chapter.
(b) A conditional pardon described in IC 11-9-2-4 for:
(1) a felony; or
(2) a violation of this chapter;
removes a disability under this chapter if the superintendent
determines after an investigation that circumstances have changed
since the pardoned conviction was entered to such an extent that the
pardoned person is likely to handle handguns in compliance with the
law. As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984,
SEC.6; P.L.148-1987, SEC.6.
IC 35-47-2-21 Recognition of retail dealers' licenses and licenses to carry
handguns issued by other states
Sec. 21. (a) Retail dealers' licenses issued by other states or
foreign countries will not be recognized in Indiana except for sales
at wholesale.
(b) 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. As added by P.L.311-1983, SEC.32.
IC 35-47-2-22 Use of unlawful handgun-carrying license to obtain handgun
prohibited
Sec. 22. It is unlawful for any person to use, or to attempt to use,
a false, counterfeit, spurious, or altered handgun-carrying license to
obtain a handgun contrary to the provisions of this chapter. As added by P.L.311-1983, SEC.32.
IC 35-47-2-23 Violations; classes of misdemeanors and felonies
Sec. 23. (a) A person who violates section 3, 4, 5, 14, 15, or 16 of
this chapter commits a Class B misdemeanor.
(b) A person who violates section 7, 17, or 18 of this chapter
commits a Class C felony.
(c) A person who violates section 1 of this chapter commits a
Class A misdemeanor. However, the offense is a Class C felony:
(1) if the offense is committed:
(A) on or in school property;
(B) within one thousand (1,000) feet of school property; or
(C) on a school bus; or
(2) if the person:
(A) has a prior conviction of any offense under:
(i) this subsection; or
(ii) subsection (d); or
(B) has been convicted of a felony within fifteen (15) years
before the date of the offense.
(d) A person who violates section 22 of this chapter commits a
Class A misdemeanor. However, the offense is a Class D felony if
the person has a prior conviction of any offense under this subsection
or subsection (c), or if the person has been convicted of a felony
within fifteen (15) years before the date of the offense. As added by P.L.311-1983, SEC.32. Amended by P.L.16-1984,
SEC.20; P.L.140-1994, SEC.9; P.L.17-1997, SEC.7.
IC 35-47-2-24 Indictment or information; defendant's burden to prove exemption
or license; arrest, effect of production of valid license, or
establishment of exemption
Sec. 24. (a) In an information or indictment brought for the
enforcement of any provision of this chapter, it is not necessary to
negate any exemption specified under this chapter, or to allege the
absence of a license required under this chapter. The burden of proof
is on the defendant to prove that he is exempt under section 2 of this
chapter, or that he has a license as required under this chapter.
(b) Whenever a person who has been arrested or charged with a
violation of section 1 of this chapter presents a valid license to the
prosecuting attorney or establishes that he is exempt under section 2
of this chapter, any prosecution for a violation of section 1 of this
chapter shall be dismissed immediately, and all records of an arrest
or proceedings following arrest shall be destroyed immediately. As added by P.L.311-1983, SEC.32.
IC 35-47-2-1 Carrying a handgun without a license or by person convicted of
domestic battery
Sec. 1. (a) Except as provided in subsection (b) and section 2 of
this chapter, a person shall not carry a handgun in any vehicle or on
or about the person's body, except in the person's dwelling, on the
person's property or fixed place of business, without a license issued
under this chapter being in the person's possession.
(b) Unless the person's right to possess a firearm has been restored
under IC 35-47-4-7, a person who has been convicted of domestic
battery under IC 35-42-2-1.3 may not possess or carry a handgun in
any vehicle or on or about the person's body in the person's dwelling
or on the person's property or fixed place of business. As added by P.L.311-1983, SEC.32. Amended by P.L.326-1987,
SEC.1; P.L.195-2003, SEC.6; P.L.98-2004, SEC.155; P.L.118-2007,
SEC.35.
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. As added by P.L.311-1983, SEC.32. IC 35-47-2-3 Application for license to carry handgun; procedure
Sec. 3. (a) A person desiring a license to carry a handgun shall
apply:
(1) to the chief of police or corresponding law enforcement
officer of the municipality in which the applicant resides;
(2) if that municipality has no such officer, or if the applicant
does not reside in a municipality, to the sheriff of the county in
which the applicant resides after the applicant has obtained an
application form prescribed by the superintendent; or
(3) if the applicant is a resident of another state and has a
regular place of business or employment in Indiana, to the
sheriff of the county in which the applicant has a regular place
of business or employment.
The superintendent and local law enforcement agencies shall allow
an applicant desiring to obtain or renew a license to carry a handgun
to submit an application electronically under this chapter if funds are
available to establish and maintain an electronic application system.
(b) The law enforcement agency which accepts an application for
a handgun license shall collect the following application fees:
(1) From a person applying for a four (4) year handgun license,
a ten dollar ($10) application fee, five dollars ($5) of which
shall be refunded if the license is not issued.
(2) From a person applying for a lifetime handgun license who
does not currently possess a valid Indiana handgun license, a
fifty dollar ($50) application fee, thirty dollars ($30) of which
shall be refunded if the license is not issued.
(3) From a person applying for a lifetime handgun license who
currently possesses a valid Indiana handgun license, a forty
dollar ($40) application fee, thirty dollars ($30) of which shall
be refunded if the license is not issued.
Except as provided in subsection (h), the fee shall be deposited into
the law enforcement agency's firearms training fund or other
appropriate training activities fund and used by the agency to train
law enforcement officers in the proper use of firearms or in other law
enforcement duties, or to purchase firearms, firearm related
equipment, or body armor (as defined in IC 35-47-5-13(a)) for the
law enforcement officers employed by the law enforcement agency.
The state board of accounts shall establish rules for the proper
accounting and expenditure of funds collected under this subsection.
(c) The officer to whom the application is made shall ascertain the
applicant's name, full address, length of residence in the community,
whether the applicant's residence is located within the limits of any
city or town, the applicant's occupation, place of business or
employment, criminal record, if any, and convictions (minor traffic
offenses excepted), age, race, sex, nationality, date of birth,
citizenship, height, weight, build, color of hair, color of eyes, scars
and marks, whether the applicant has previously held an Indiana
license to carry a handgun and, if so, the serial number of the license
and year issued, whether the applicant's license has ever been
suspended or revoked, and if so, the year and reason for the
suspension or revocation, and the applicant's reason for desiring a
license. The officer to whom the application is made shall conduct
an investigation into the applicant's official records and verify
thereby the applicant's character and reputation, and shall in addition
verify for accuracy the information contained in the application, and
shall forward this information together with the officer's
recommendation for approval or disapproval and one (1) set of
legible and classifiable fingerprints of the applicant to the
superintendent.
(d) The superintendent may make whatever further investigation
the superintendent deems necessary. Whenever disapproval is
recommended, the officer to whom the application is made shall
provide the superintendent and the applicant with the officer's
complete and specific reasons, in writing, for the recommendation of
disapproval.
(e) If it appears to the superintendent that the applicant:
(1) has a proper reason for carrying a handgun;
(2) is of good character and reputation;
(3) is a proper person to be licensed; and
(4) is:
(A) a citizen of the United States; or
(B) not a citizen of the United States but is allowed to carry
a firearm in the United States under federal law;
the superintendent shall issue to the applicant a qualified or an
unlimited license to carry any handgun lawfully possessed by the
applicant. The original license shall be delivered to the licensee. A
copy shall be delivered to the officer to whom the application for
license was made. A copy shall be retained by the superintendent for
at least four (4) years in the case of a four (4) year license. The
superintendent may adopt guidelines to establish a records retention
policy for a lifetime license. A four (4) year license shall be valid for
a period of four (4) years from the date of issue. A lifetime license is
valid for the life of the individual receiving the license. The license
of police officers, sheriffs or their deputies, and law enforcement
officers of the United States government who have been honorably
retired by a lawfully created pension board or its equivalent after
twenty (20) or more years of service, shall be valid for the life of
these individuals. However, a lifetime license is automatically
revoked if the license holder does not remain a proper person.
(f) At the time a license is issued and delivered to a licensee under
subsection (e), the superintendent shall include with the license
information concerning handgun safety rules that:
(1) neither opposes nor supports an individual's right to bear
arms; and
(2) is:
(A) recommended by a nonprofit educational organization
that is dedicated to providing education on safe handling and
use of firearms;
(B) prepared by the state police department; and
(C) approved by the superintendent.
The superintendent may not deny a license under this section because
the information required under this subsection is unavailable at the
time the superintendent would otherwise issue a license. The state
police department may accept private donations or grants to defray
the cost of printing and mailing the information required under this
subsection.
(g) A license to carry a handgun shall not be issued to any person
who:
(1) has been convicted of a felony;
(2) has had a license to carry a handgun suspended, unless the
person's license has been reinstated;
(3) is under eighteen (18) years of age;
(4) is under twenty-three (23) years of age if the person has
been adjudicated a delinquent child for an act that would be a
felony if committed by an adult; or
(5) has been arrested for a Class A or Class B felony, or any
other felony that was committed while armed with a deadly
weapon or that involved the use of violence, if a court has found
probable cause to believe that the person committed the offense
charged.
In the case of an arrest under subdivision (5), a license to carry a
handgun may be issued to a person who has been acquitted of the
specific offense charged or if the charges for the specific offense are
dismissed. The superintendent shall prescribe all forms to be used in
connection with the administration of this chapter.
(h) If the law enforcement agency that charges a fee under
subsection (b) is a city or town law enforcement agency, the fee shall
be deposited in the law enforcement continuing education fund
established under IC 5-2-8-2.
(i) If a person who holds a valid license to carry a handgun issued
under this chapter:
(1) changes the person's name;
(2) changes the person's address; or
(3) experiences a change, including an arrest or a conviction,
that may affect the person's status as a proper person (as defined
in IC 35-47-1-7) or otherwise disqualify the person from
holding a license;
the person shall, not later than thirty (30) days after the date of a
change described under subdivision (3), and not later than sixty (60)
days after the date of the change described under subdivision (1) or
(2), notify the superintendent, in writing, of the event described
under subdivision (3) or, in the case of a change under subdivision
(1) or (2), the person's new name or new address.
(j) The state police shall indicate on the form for a license to carry
a handgun the notification requirements of subsection (i).
(k) The state police department shall adopt rules under IC 4-22-2
to implement an electronic application system under subsection (a).
Rules adopted under this section must require the superintendent to
keep on file one (1) set of classifiable and legible fingerprints from
every person who has received a license to carry a handgun so that
a person who applies to renew a license will not be required to
submit an additional set of fingerprints.
(l) Except as provided in subsection (m), for purposes of
IC 5-14-3-4(a)(1), the following information is confidential, may not
be published, and is not open to public inspection:
(1) Information submitted by a person under this section to:
(A) obtain; or
(B) renew;
a license to carry a handgun.
(2) Information obtained by a federal, state, or local government
entity in the course of an investigation concerning a person who
applies to:
(A) obtain; or
(B) renew;
a license to carry a handgun issued under this chapter.
(3) The name, address, and any other information that may be
used to identify a person who holds a license to carry a handgun
issued under this chapter.
(m) Notwithstanding subsection (l):
(1) any information concerning an applicant for or a person who
holds a license to carry a handgun issued under this chapter may
be released to a federal, state, or local government entity:
(A) for law enforcement purposes; or
(B) to determine the validity of a license to carry a handgun;
and
(2) general information concerning the issuance of licenses to
carry handguns in Indiana may be released to a person
conducting journalistic or academic research, but only if all
personal information that could disclose the identity of any
person who holds a license to carry a handgun issued under this
chapter has been removed from the general information. As added by P.L.311-1983, SEC.32. Amended by P.L.26-1990,
SEC.15; P.L.48-1993, SEC.5; P.L.140-1994, SEC.6; P.L.269-1995,
SEC.6; P.L.2-1996, SEC.284; P.L.27-2001, SEC.1; P.L.120-2001,
SEC.1; P.L.49-2005, SEC.2; P.L.187-2005, SEC.3; P.L.190-2006,
SEC.2; P.L.155-2007, SEC.1; P.L.47-2010, SEC.1; P.L.34-2010,
SEC.4.
IC 35-47-2-4 Qualified or unlimited licenses to carry handguns; fees; exemptions
from payment of fees
Sec. 4. (a) Licenses to carry handguns shall be either qualified or
unlimited, and are valid for:
(1) four (4) years from the date of issue in the case of a four (4)
year license; or
(2) the life of the individual receiving the license in the case of
a lifetime license.
A qualified license shall be issued for hunting and target practice.
The superintendent may adopt rules imposing limitations on the use
and carrying of handguns under a license when handguns are carried
by a licensee as a condition of employment. Unlimited licenses shall
be issued for the purpose of the protection of life and property.
(b) In addition to the application fee, the fee for:
(1) a qualified license shall be:
(A) five dollars ($5) for a four (4) year qualified license;
(B) twenty-five dollars ($25) for a lifetime qualified license
from a person who does not currently possess a valid Indiana
handgun license; or
(C) twenty dollars ($20) for a lifetime qualified license from
a person who currently possesses a valid Indiana handgun
license; and
(2) an unlimited license shall be:
(A) thirty dollars ($30) for a four (4) year unlimited license;
(B) seventy-five dollars ($75) for a lifetime unlimited license
from a person who does not currently possess a valid Indiana
handgun license; or
(C) sixty dollars ($60) for a lifetime unlimited license from
a person who currently possesses a valid Indiana handgun
license.
The superintendent shall charge a twenty dollar ($20) fee for the
issuance of a duplicate license to replace a lost or damaged license.
These fees shall be deposited in accordance with subsection (e).
(c) Licensed dealers are exempt from the payment of fees
specified in subsection (b) for a qualified license or an unlimited
license.
(d) The following officers of this state or the United States who
have been honorably retired by a lawfully created pension board or
its equivalent after at least twenty (20) years of service or because of
a disability are exempt from the payment of fees specified in
subsection (b):
(1) Police officers.
(2) Sheriffs or their deputies.
(3) Law enforcement officers.
(4) Correctional officers.
(e) Fees collected under this section shall be deposited in the state
general fund.
(f) The superintendent may not issue a lifetime qualified license
or a lifetime unlimited license to a person who is a resident of
another state. The superintendent may issue a four (4) year qualified
license or a four (4) year unlimited license to a person who is a
resident of another state and who has a regular place of business or
employment in Indiana as described in section 3(a)(3) of this chapter. As added by P.L.311-1983, SEC.32. Amended by P.L.209-1986,
SEC.1; P.L.148-1987, SEC.4; P.L.75-1989, SEC.9; P.L.190-2006,
SEC.3; P.L.1-2007, SEC.235; P.L.155-2007, SEC.2.
IC 35-47-2-5 Suspension or revocation of license; failure to return license; rules
concerning procedure for suspending or revoking license
Sec. 5. (a) The superintendent may suspend or revoke any license
issued under this chapter if he has reasonable grounds to believe that
the person's license should be suspended or revoked.
(b) Documented evidence that a person is not a "proper person"
to be licensed as defined by IC 35-47-1-7, or is prohibited under
section 3(g)(5) of this chapter from being issued a license, shall be
grounds for immediate suspension or revocation of a license
previously issued under this chapter. However, if a license is
suspended or revoked based solely on an arrest under section 3(g)(5)
of this chapter, the license shall be reinstated upon the acquittal of
the defendant in that case or upon the dismissal of the charges for the
specific offense.
(c) A person who fails to promptly return his license after written
notice of suspension or revocation commits a Class A misdemeanor.
The observation of a handgun license in the possession of a person
whose license has been suspended or revoked constitutes a sufficient
basis for the arrest of that person for violation of this subsection.
(d) The superintendent shall establish rules under IC 4-22-2
concerning the procedure for suspending or revoking a person's
license. As added by P.L.311-1983, SEC.32. Amended by P.L.140-1994,
SEC.7; P.L.2-1996, SEC.285; P.L.120-2001, SEC.2; P.L.1-2006,
SEC.535.
IC 35-47-2-6 Granting or rejecting initial application; renewals
Sec. 6. (a) Every initial application for any license under this
chapter shall be granted or rejected within sixty (60) days after the
application is filed.
(b) The period during which an application for the renewal of an
existing license may be filed begins three hundred sixty-five (365)
days before the expiration of the existing license. If the application
for renewal of an existing license is filed within thirty (30) days of
its expiration, the existing license is automatically extended until the
application for renewal is passed upon. As added by P.L.311-1983, SEC.32. Amended by P.L.190-2006,
SEC.4; P.L.47-2010, SEC.2.
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.
IC 35-47-2-8 Regulation of sale of handguns imposed by this chapter;
application
Sec. 8. The regulation of the sale of handguns imposed by this
chapter shall apply equally to an occasional sale, trade, or transfer
between individual persons and to retail transactions between dealers
and individual persons. As added by P.L.311-1983, SEC.32. Amended by P.L.17-1997,
SEC.6.
IC 35-47-2-9
Repealed
(Repealed by P.L.17-1997, SEC.9.)
IC 35-47-2-10
Repealed
(Repealed by P.L.17-1997, SEC.9.)
IC 35-47-2-11
Repealed
(Repealed by P.L.17-1997, SEC.9.)
IC 35-47-2-12
Repealed
(Repealed by P.L.17-1997, SEC.9.)
IC 35-47-2-13
Repealed
(Repealed by P.L.17-1997, SEC.10.)
IC 35-47-2-14 Necessity of retail handgun dealer's license; display
Sec. 14. A retail dealer who:
(1) sells;
(2) trades;
(3) transfers;
(4) exposes for sale, trade, or transfer; or
(5) possesses with intent to sell, trade, or transfer;
any handgun without being licensed under sections 15 and 16 of this
chapter and without displaying his license at all times commits a
Class B misdemeanor. As added by P.L.311-1983, SEC.32.
IC 35-47-2-15 Retail handgun dealer's license; application procedure
Sec. 15. (a) A person desiring a retail handgun dealer's license
shall apply to the sheriff of the county in which he resides, or if he
is a resident of another state and has a regular place of business in
Indiana, then to the sheriff of the county in which he has a regular
place of business. The applicant shall state his name, full address,
occupation, sex, race, age, place of birth, date of birth, nationality,
height, weight, build, color of eyes, color of hair, complexion, scars
and marks, and any criminal record (minor traffic offenses excepted).
The officer to whom the application is made shall verify the
application and search his records concerning the applicant's
character and reputation.
(b) The officer to whom the application is made shall send to the
superintendent:
(1) the verified application;
(2) the results of the officer's investigation; and
(3) the officer's recommendation for approval or disapproval of
the application;
in as many copies as the superintendent shall designate, and one (1)
set of legible and classifiable fingerprints of the applicant. The
superintendent may make whatever further investigation he deems
necessary. Whenever disapproval is recommended by the officer to
whom the application was made, he shall provide the superintendent
and the applicant with his complete reasons for the disapproval in
writing. If the officer to whom the application is made recommends
approval, he shall instruct the applicant in the proper method of
taking legible and classifiable fingerprints. If it appears to the
superintendent that the applicant is of good character and reputation
and a proper person to be licensed, he shall issue to the applicant a
retail handgun dealer's license which shall be valid for a period of
two (2) years from the date of issue. The fee for the license shall be
twenty dollars ($20), which shall be deposited with the officer to
whom the application is made, who shall in turn forward it to the
superintendent for deposit with the treasurer of state when the
application is approved by the superintendent. In the event that the
application is disapproved by the superintendent, the fee shall be
returned to the applicant along with the complete reasons, in writing,
for the disapproval.
(c) No retail dealer's license shall be issued to any person who has
been:
(1) convicted of a felony; or
(2) adjudicated a delinquent child for an act that would be a
felony if committed by an adult, if the person applying for the
retail dealer's license is less than twenty-three (23) years of age;
in Indiana or any other state or country.
(d) A retail dealer's license shall permit the licensee to sell
handguns at retail within this state subject to the conditions specified
in this chapter. The license may be suspended or revoked in
accordance with applicable law, and the licensee may be subject to
punishment as provided in this chapter. As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984,
SEC.4; P.L.269-1995, SEC.9.
IC 35-47-2-16 Retail handgun dealer's license; restrictions; display; prohibited
sales; gun show
Sec. 16. (a) A retail dealer's business shall be carried on only in
the site designated in the license. A separate license shall be required
for each separate retail outlet. Whenever a licensed dealer moves his
place of business, he shall promptly notify the superintendent, who
shall at once issue an amended license certificate valid for the
balance of the license period. This subsection does not apply to sales
at wholesale.
(b) The license, certified by the issuing authority, shall be
displayed on the business premises in a prominent place where it can
be seen easily by prospective customers.
(c) No handgun shall be sold:
(1) in violation of any provision of this chapter; or
(2) under any circumstances unless the purchaser is personally
known to the seller or presents clear evidence of his identity.
(d) Notwithstanding subsection (a), a retail dealer may display,
sell, or transfer handguns at a gun show in accordance with this
chapter and federal law. As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984,
SEC.5; P.L.148-1987, SEC.5.
IC 35-47-2-17 Giving false information or offering false evidence of identity;
violation of section
Sec. 17. No person, in purchasing or otherwise securing delivery
of a handgun or in applying for a license to carry a handgun, shall
give false information or offer false evidence of identity. In addition
to any penalty provided by this chapter, any handgun obtained
through false information shall be subject to confiscation and
disposition as provided in this chapter. Upon notice of a violation of
this section by the superintendent, it shall be the duty of the sheriff
or chief of police or corresponding officer of the jurisdiction in
which the purchaser resides to confiscate the firearm and retain it as
evidence pending trial for the offense. As added by P.L.311-1983, SEC.32.
IC 35-47-2-18 Obliterating identification marks on handgun or possession of such
handguns prohibited
Sec. 18. No person shall:
(1) change, alter, remove, or obliterate the name of the maker,
model, manufacturer's serial number, or other mark of
identification on any handgun; or
(2) possess any handgun on which the name of the maker,
model, manufacturer's serial number, or other mark of
identification has been changed, altered, removed, or
obliterated;
except as provided by applicable United States statute. As added by P.L.311-1983, SEC.32.
IC 35-47-2-19 Application of chapter
Sec. 19. This chapter does not apply to any firearm not designed
to use fixed cartridges or fixed ammunition, or any firearm made
before January 1, 1899. As added by P.L.311-1983, SEC.32.
IC 35-47-2-20 Removal of disability under this chapter
Sec. 20. (a) A full pardon from the governor of Indiana for:
(1) a felony other than a felony that is included in IC 35-42; or
(2) a violation of this chapter;
removes any disability under this chapter imposed because of that
offense, if fifteen (15) years have elapsed between the time of the
offense and the application for a license under this chapter.
(b) A conditional pardon described in IC 11-9-2-4 for:
(1) a felony; or
(2) a violation of this chapter;
removes a disability under this chapter if the superintendent
determines after an investigation that circumstances have changed
since the pardoned conviction was entered to such an extent that the
pardoned person is likely to handle handguns in compliance with the
law. As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984,
SEC.6; P.L.148-1987, SEC.6.
IC 35-47-2-21 Recognition of retail dealers' licenses and licenses to carry
handguns issued by other states
Sec. 21. (a) Retail dealers' licenses issued by other states or
foreign countries will not be recognized in Indiana except for sales
at wholesale.
(b) 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. As added by P.L.311-1983, SEC.32.
IC 35-47-2-22 Use of unlawful handgun-carrying license to obtain handgun
prohibited
Sec. 22. It is unlawful for any person to use, or to attempt to use,
a false, counterfeit, spurious, or altered handgun-carrying license to
obtain a handgun contrary to the provisions of this chapter. As added by P.L.311-1983, SEC.32.
IC 35-47-2-23 Violations; classes of misdemeanors and felonies
Sec. 23. (a) A person who violates section 3, 4, 5, 14, 15, or 16 of
this chapter commits a Class B misdemeanor.
(b) A person who violates section 7, 17, or 18 of this chapter
commits a Class C felony.
(c) A person who violates section 1 of this chapter commits a
Class A misdemeanor. However, the offense is a Class C felony:
(1) if the offense is committed:
(A) on or in school property;
(B) within one thousand (1,000) feet of school property; or
(C) on a school bus; or
(2) if the person:
(A) has a prior conviction of any offense under:
(i) this subsection; or
(ii) subsection (d); or
(B) has been convicted of a felony within fifteen (15) years
before the date of the offense.
(d) A person who violates section 22 of this chapter commits a
Class A misdemeanor. However, the offense is a Class D felony if
the person has a prior conviction of any offense under this subsection
or subsection (c), or if the person has been convicted of a felony
within fifteen (15) years before the date of the offense. As added by P.L.311-1983, SEC.32. Amended by P.L.16-1984,
SEC.20; P.L.140-1994, SEC.9; P.L.17-1997, SEC.7.
IC 35-47-2-24 Indictment or information; defendant's burden to prove exemption
or license; arrest, effect of production of valid license, or
establishment of exemption
Sec. 24. (a) In an information or indictment brought for the
enforcement of any provision of this chapter, it is not necessary to
negate any exemption specified under this chapter, or to allege the
absence of a license required under this chapter. The burden of proof
is on the defendant to prove that he is exempt under section 2 of this
chapter, or that he has a license as required under this chapter.
(b) Whenever a person who has been arrested or charged with a
violation of section 1 of this chapter presents a valid license to the
prosecuting attorney or establishes that he is exempt under section 2
of this chapter, any prosecution for a violation of section 1 of this
chapter shall be dismissed immediately, and all records of an arrest
or proceedings following arrest shall be destroyed immediately. As added by P.L.311-1983, SEC.32.
IC 35-47-2-1 Carrying a handgun without a license or by person convicted of
domestic battery
Sec. 1. (a) Except as provided in subsection (b) and section 2 of
this chapter, a person shall not carry a handgun in any vehicle or on
or about the person's body, except in the person's dwelling, on the
person's property or fixed place of business, without a license issued
under this chapter being in the person's possession.
(b) Unless the person's right to possess a firearm has been restored
under IC 35-47-4-7, a person who has been convicted of domestic
battery under IC 35-42-2-1.3 may not possess or carry a handgun in
any vehicle or on or about the person's body in the person's dwelling
or on the person's property or fixed place of business. As added by P.L.311-1983, SEC.32. Amended by P.L.326-1987,
SEC.1; P.L.195-2003, SEC.6; P.L.98-2004, SEC.155; P.L.118-2007,
SEC.35.
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. As added by P.L.311-1983, SEC.32. IC 35-47-2-3 Application for license to carry handgun; procedure
Sec. 3. (a) A person desiring a license to carry a handgun shall
apply:
(1) to the chief of police or corresponding law enforcement
officer of the municipality in which the applicant resides;
(2) if that municipality has no such officer, or if the applicant
does not reside in a municipality, to the sheriff of the county in
which the applicant resides after the applicant has obtained an
application form prescribed by the superintendent; or
(3) if the applicant is a resident of another state and has a
regular place of business or employment in Indiana, to the
sheriff of the county in which the applicant has a regular place
of business or employment.
The superintendent and local law enforcement agencies shall allow
an applicant desiring to obtain or renew a license to carry a handgun
to submit an application electronically under this chapter if funds are
available to establish and maintain an electronic application system.
(b) The law enforcement agency which accepts an application for
a handgun license shall collect the following application fees:
(1) From a person applying for a four (4) year handgun license,
a ten dollar ($10) application fee, five dollars ($5) of which
shall be refunded if the license is not issued.
(2) From a person applying for a lifetime handgun license who
does not currently possess a valid Indiana handgun license, a
fifty dollar ($50) application fee, thirty dollars ($30) of which
shall be refunded if the license is not issued.
(3) From a person applying for a lifetime handgun license who
currently possesses a valid Indiana handgun license, a forty
dollar ($40) application fee, thirty dollars ($30) of which shall
be refunded if the license is not issued.
Except as provided in subsection (h), the fee shall be deposited into
the law enforcement agency's firearms training fund or other
appropriate training activities fund and used by the agency to train
law enforcement officers in the proper use of firearms or in other law
enforcement duties, or to purchase firearms, firearm related
equipment, or body armor (as defined in IC 35-47-5-13(a)) for the
law enforcement officers employed by the law enforcement agency.
The state board of accounts shall establish rules for the proper
accounting and expenditure of funds collected under this subsection.
(c) The officer to whom the application is made shall ascertain the
applicant's name, full address, length of residence in the community,
whether the applicant's residence is located within the limits of any
city or town, the applicant's occupation, place of business or
employment, criminal record, if any, and convictions (minor traffic
offenses excepted), age, race, sex, nationality, date of birth,
citizenship, height, weight, build, color of hair, color of eyes, scars
and marks, whether the applicant has previously held an Indiana
license to carry a handgun and, if so, the serial number of the license
and year issued, whether the applicant's license has ever been
suspended or revoked, and if so, the year and reason for the
suspension or revocation, and the applicant's reason for desiring a
license. The officer to whom the application is made shall conduct
an investigation into the applicant's official records and verify
thereby the applicant's character and reputation, and shall in addition
verify for accuracy the information contained in the application, and
shall forward this information together with the officer's
recommendation for approval or disapproval and one (1) set of
legible and classifiable fingerprints of the applicant to the
superintendent.
(d) The superintendent may make whatever further investigation
the superintendent deems necessary. Whenever disapproval is
recommended, the officer to whom the application is made shall
provide the superintendent and the applicant with the officer's
complete and specific reasons, in writing, for the recommendation of
disapproval.
(e) If it appears to the superintendent that the applicant:
(1) has a proper reason for carrying a handgun;
(2) is of good character and reputation;
(3) is a proper person to be licensed; and
(4) is:
(A) a citizen of the United States; or
(B) not a citizen of the United States but is allowed to carry
a firearm in the United States under federal law;
the superintendent shall issue to the applicant a qualified or an
unlimited license to carry any handgun lawfully possessed by the
applicant. The original license shall be delivered to the licensee. A
copy shall be delivered to the officer to whom the application for
license was made. A copy shall be retained by the superintendent for
at least four (4) years in the case of a four (4) year license. The
superintendent may adopt guidelines to establish a records retention
policy for a lifetime license. A four (4) year license shall be valid for
a period of four (4) years from the date of issue. A lifetime license is
valid for the life of the individual receiving the license. The license
of police officers, sheriffs or their deputies, and law enforcement
officers of the United States government who have been honorably
retired by a lawfully created pension board or its equivalent after
twenty (20) or more years of service, shall be valid for the life of
these individuals. However, a lifetime license is automatically
revoked if the license holder does not remain a proper person.
(f) At the time a license is issued and delivered to a licensee under
subsection (e), the superintendent shall include with the license
information concerning handgun safety rules that:
(1) neither opposes nor supports an individual's right to bear
arms; and
(2) is:
(A) recommended by a nonprofit educational organization
that is dedicated to providing education on safe handling and
use of firearms;
(B) prepared by the state police department; and
(C) approved by the superintendent.
The superintendent may not deny a license under this section because
the information required under this subsection is unavailable at the
time the superintendent would otherwise issue a license. The state
police department may accept private donations or grants to defray
the cost of printing and mailing the information required under this
subsection.
(g) A license to carry a handgun shall not be issued to any person
who:
(1) has been convicted of a felony;
(2) has had a license to carry a handgun suspended, unless the
person's license has been reinstated;
(3) is under eighteen (18) years of age;
(4) is under twenty-three (23) years of age if the person has
been adjudicated a delinquent child for an act that would be a
felony if committed by an adult; or
(5) has been arrested for a Class A or Class B felony, or any
other felony that was committed while armed with a deadly
weapon or that involved the use of violence, if a court has found
probable cause to believe that the person committed the offense
charged.
In the case of an arrest under subdivision (5), a license to carry a
handgun may be issued to a person who has been acquitted of the
specific offense charged or if the charges for the specific offense are
dismissed. The superintendent shall prescribe all forms to be used in
connection with the administration of this chapter.
(h) If the law enforcement agency that charges a fee under
subsection (b) is a city or town law enforcement agency, the fee shall
be deposited in the law enforcement continuing education fund
established under IC 5-2-8-2.
(i) If a person who holds a valid license to carry a handgun issued
under this chapter:
(1) changes the person's name;
(2) changes the person's address; or
(3) experiences a change, including an arrest or a conviction,
that may affect the person's status as a proper person (as defined
in IC 35-47-1-7) or otherwise disqualify the person from
holding a license;
the person shall, not later than thirty (30) days after the date of a
change described under subdivision (3), and not later than sixty (60)
days after the date of the change described under subdivision (1) or
(2), notify the superintendent, in writing, of the event described
under subdivision (3) or, in the case of a change under subdivision
(1) or (2), the person's new name or new address.
(j) The state police shall indicate on the form for a license to carry
a handgun the notification requirements of subsection (i).
(k) The state police department shall adopt rules under IC 4-22-2
to implement an electronic application system under subsection (a).
Rules adopted under this section must require the superintendent to
keep on file one (1) set of classifiable and legible fingerprints from
every person who has received a license to carry a handgun so that
a person who applies to renew a license will not be required to
submit an additional set of fingerprints.
(l) Except as provided in subsection (m), for purposes of
IC 5-14-3-4(a)(1), the following information is confidential, may not
be published, and is not open to public inspection:
(1) Information submitted by a person under this section to:
(A) obtain; or
(B) renew;
a license to carry a handgun.
(2) Information obtained by a federal, state, or local government
entity in the course of an investigation concerning a person who
applies to:
(A) obtain; or
(B) renew;
a license to carry a handgun issued under this chapter.
(3) The name, address, and any other information that may be
used to identify a person who holds a license to carry a handgun
issued under this chapter.
(m) Notwithstanding subsection (l):
(1) any information concerning an applicant for or a person who
holds a license to carry a handgun issued under this chapter may
be released to a federal, state, or local government entity:
(A) for law enforcement purposes; or
(B) to determine the validity of a license to carry a handgun;
and
(2) general information concerning the issuance of licenses to
carry handguns in Indiana may be released to a person
conducting journalistic or academic research, but only if all
personal information that could disclose the identity of any
person who holds a license to carry a handgun issued under this
chapter has been removed from the general information. As added by P.L.311-1983, SEC.32. Amended by P.L.26-1990,
SEC.15; P.L.48-1993, SEC.5; P.L.140-1994, SEC.6; P.L.269-1995,
SEC.6; P.L.2-1996, SEC.284; P.L.27-2001, SEC.1; P.L.120-2001,
SEC.1; P.L.49-2005, SEC.2; P.L.187-2005, SEC.3; P.L.190-2006,
SEC.2; P.L.155-2007, SEC.1; P.L.47-2010, SEC.1; P.L.34-2010,
SEC.4.
IC 35-47-2-4 Qualified or unlimited licenses to carry handguns; fees; exemptions
from payment of fees
Sec. 4. (a) Licenses to carry handguns shall be either qualified or
unlimited, and are valid for:
(1) four (4) years from the date of issue in the case of a four (4)
year license; or
(2) the life of the individual receiving the license in the case of
a lifetime license.
A qualified license shall be issued for hunting and target practice.
The superintendent may adopt rules imposing limitations on the use
and carrying of handguns under a license when handguns are carried
by a licensee as a condition of employment. Unlimited licenses shall
be issued for the purpose of the protection of life and property.
(b) In addition to the application fee, the fee for:
(1) a qualified license shall be:
(A) five dollars ($5) for a four (4) year qualified license;
(B) twenty-five dollars ($25) for a lifetime qualified license
from a person who does not currently possess a valid Indiana
handgun license; or
(C) twenty dollars ($20) for a lifetime qualified license from
a person who currently possesses a valid Indiana handgun
license; and
(2) an unlimited license shall be:
(A) thirty dollars ($30) for a four (4) year unlimited license;
(B) seventy-five dollars ($75) for a lifetime unlimited license
from a person who does not currently possess a valid Indiana
handgun license; or
(C) sixty dollars ($60) for a lifetime unlimited license from
a person who currently possesses a valid Indiana handgun
license.
The superintendent shall charge a twenty dollar ($20) fee for the
issuance of a duplicate license to replace a lost or damaged license.
These fees shall be deposited in accordance with subsection (e).
(c) Licensed dealers are exempt from the payment of fees
specified in subsection (b) for a qualified license or an unlimited
license.
(d) The following officers of this state or the United States who
have been honorably retired by a lawfully created pension board or
its equivalent after at least twenty (20) years of service or because of
a disability are exempt from the payment of fees specified in
subsection (b):
(1) Police officers.
(2) Sheriffs or their deputies.
(3) Law enforcement officers.
(4) Correctional officers.
(e) Fees collected under this section shall be deposited in the state
general fund.
(f) The superintendent may not issue a lifetime qualified license
or a lifetime unlimited license to a person who is a resident of
another state. The superintendent may issue a four (4) year qualified
license or a four (4) year unlimited license to a person who is a
resident of another state and who has a regular place of business or
employment in Indiana as described in section 3(a)(3) of this chapter. As added by P.L.311-1983, SEC.32. Amended by P.L.209-1986,
SEC.1; P.L.148-1987, SEC.4; P.L.75-1989, SEC.9; P.L.190-2006,
SEC.3; P.L.1-2007, SEC.235; P.L.155-2007, SEC.2.
IC 35-47-2-5 Suspension or revocation of license; failure to return license; rules
concerning procedure for suspending or revoking license
Sec. 5. (a) The superintendent may suspend or revoke any license
issued under this chapter if he has reasonable grounds to believe that
the person's license should be suspended or revoked.
(b) Documented evidence that a person is not a "proper person"
to be licensed as defined by IC 35-47-1-7, or is prohibited under
section 3(g)(5) of this chapter from being issued a license, shall be
grounds for immediate suspension or revocation of a license
previously issued under this chapter. However, if a license is
suspended or revoked based solely on an arrest under section 3(g)(5)
of this chapter, the license shall be reinstated upon the acquittal of
the defendant in that case or upon the dismissal of the charges for the
specific offense.
(c) A person who fails to promptly return his license after written
notice of suspension or revocation commits a Class A misdemeanor.
The observation of a handgun license in the possession of a person
whose license has been suspended or revoked constitutes a sufficient
basis for the arrest of that person for violation of this subsection.
(d) The superintendent shall establish rules under IC 4-22-2
concerning the procedure for suspending or revoking a person's
license. As added by P.L.311-1983, SEC.32. Amended by P.L.140-1994,
SEC.7; P.L.2-1996, SEC.285; P.L.120-2001, SEC.2; P.L.1-2006,
SEC.535.
IC 35-47-2-6 Granting or rejecting initial application; renewals
Sec. 6. (a) Every initial application for any license under this
chapter shall be granted or rejected within sixty (60) days after the
application is filed.
(b) The period during which an application for the renewal of an
existing license may be filed begins three hundred sixty-five (365)
days before the expiration of the existing license. If the application
for renewal of an existing license is filed within thirty (30) days of
its expiration, the existing license is automatically extended until the
application for renewal is passed upon. As added by P.L.311-1983, SEC.32. Amended by P.L.190-2006,
SEC.4; P.L.47-2010, SEC.2.
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.
IC 35-47-2-8 Regulation of sale of handguns imposed by this chapter;
application
Sec. 8. The regulation of the sale of handguns imposed by this
chapter shall apply equally to an occasional sale, trade, or transfer
between individual persons and to retail transactions between dealers
and individual persons. As added by P.L.311-1983, SEC.32. Amended by P.L.17-1997,
SEC.6.
IC 35-47-2-9
Repealed
(Repealed by P.L.17-1997, SEC.9.)
IC 35-47-2-10
Repealed
(Repealed by P.L.17-1997, SEC.9.)
IC 35-47-2-11
Repealed
(Repealed by P.L.17-1997, SEC.9.)
IC 35-47-2-12
Repealed
(Repealed by P.L.17-1997, SEC.9.)
IC 35-47-2-13
Repealed
(Repealed by P.L.17-1997, SEC.10.)
IC 35-47-2-14 Necessity of retail handgun dealer's license; display
Sec. 14. A retail dealer who:
(1) sells;
(2) trades;
(3) transfers;
(4) exposes for sale, trade, or transfer; or
(5) possesses with intent to sell, trade, or transfer;
any handgun without being licensed under sections 15 and 16 of this
chapter and without displaying his license at all times commits a
Class B misdemeanor. As added by P.L.311-1983, SEC.32.
IC 35-47-2-15 Retail handgun dealer's license; application procedure
Sec. 15. (a) A person desiring a retail handgun dealer's license
shall apply to the sheriff of the county in which he resides, or if he
is a resident of another state and has a regular place of business in
Indiana, then to the sheriff of the county in which he has a regular
place of business. The applicant shall state his name, full address,
occupation, sex, race, age, place of birth, date of birth, nationality,
height, weight, build, color of eyes, color of hair, complexion, scars
and marks, and any criminal record (minor traffic offenses excepted).
The officer to whom the application is made shall verify the
application and search his records concerning the applicant's
character and reputation.
(b) The officer to whom the application is made shall send to the
superintendent:
(1) the verified application;
(2) the results of the officer's investigation; and
(3) the officer's recommendation for approval or disapproval of
the application;
in as many copies as the superintendent shall designate, and one (1)
set of legible and classifiable fingerprints of the applicant. The
superintendent may make whatever further investigation he deems
necessary. Whenever disapproval is recommended by the officer to
whom the application was made, he shall provide the superintendent
and the applicant with his complete reasons for the disapproval in
writing. If the officer to whom the application is made recommends
approval, he shall instruct the applicant in the proper method of
taking legible and classifiable fingerprints. If it appears to the
superintendent that the applicant is of good character and reputation
and a proper person to be licensed, he shall issue to the applicant a
retail handgun dealer's license which shall be valid for a period of
two (2) years from the date of issue. The fee for the license shall be
twenty dollars ($20), which shall be deposited with the officer to
whom the application is made, who shall in turn forward it to the
superintendent for deposit with the treasurer of state when the
application is approved by the superintendent. In the event that the
application is disapproved by the superintendent, the fee shall be
returned to the applicant along with the complete reasons, in writing,
for the disapproval.
(c) No retail dealer's license shall be issued to any person who has
been:
(1) convicted of a felony; or
(2) adjudicated a delinquent child for an act that would be a
felony if committed by an adult, if the person applying for the
retail dealer's license is less than twenty-three (23) years of age;
in Indiana or any other state or country.
(d) A retail dealer's license shall permit the licensee to sell
handguns at retail within this state subject to the conditions specified
in this chapter. The license may be suspended or revoked in
accordance with applicable law, and the licensee may be subject to
punishment as provided in this chapter. As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984,
SEC.4; P.L.269-1995, SEC.9.
IC 35-47-2-16 Retail handgun dealer's license; restrictions; display; prohibited
sales; gun show
Sec. 16. (a) A retail dealer's business shall be carried on only in
the site designated in the license. A separate license shall be required
for each separate retail outlet. Whenever a licensed dealer moves his
place of business, he shall promptly notify the superintendent, who
shall at once issue an amended license certificate valid for the
balance of the license period. This subsection does not apply to sales
at wholesale.
(b) The license, certified by the issuing authority, shall be
displayed on the business premises in a prominent place where it can
be seen easily by prospective customers.
(c) No handgun shall be sold:
(1) in violation of any provision of this chapter; or
(2) under any circumstances unless the purchaser is personally
known to the seller or presents clear evidence of his identity.
(d) Notwithstanding subsection (a), a retail dealer may display,
sell, or transfer handguns at a gun show in accordance with this
chapter and federal law. As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984,
SEC.5; P.L.148-1987, SEC.5.
IC 35-47-2-17 Giving false information or offering false evidence of identity;
violation of section
Sec. 17. No person, in purchasing or otherwise securing delivery
of a handgun or in applying for a license to carry a handgun, shall
give false information or offer false evidence of identity. In addition
to any penalty provided by this chapter, any handgun obtained
through false information shall be subject to confiscation and
disposition as provided in this chapter. Upon notice of a violation of
this section by the superintendent, it shall be the duty of the sheriff
or chief of police or corresponding officer of the jurisdiction in
which the purchaser resides to confiscate the firearm and retain it as
evidence pending trial for the offense. As added by P.L.311-1983, SEC.32.
IC 35-47-2-18 Obliterating identification marks on handgun or possession of such
handguns prohibited
Sec. 18. No person shall:
(1) change, alter, remove, or obliterate the name of the maker,
model, manufacturer's serial number, or other mark of
identification on any handgun; or
(2) possess any handgun on which the name of the maker,
model, manufacturer's serial number, or other mark of
identification has been changed, altered, removed, or
obliterated;
except as provided by applicable United States statute. As added by P.L.311-1983, SEC.32.
IC 35-47-2-19 Application of chapter
Sec. 19. This chapter does not apply to any firearm not designed
to use fixed cartridges or fixed ammunition, or any firearm made
before January 1, 1899. As added by P.L.311-1983, SEC.32.
IC 35-47-2-20 Removal of disability under this chapter
Sec. 20. (a) A full pardon from the governor of Indiana for:
(1) a felony other than a felony that is included in IC 35-42; or
(2) a violation of this chapter;
removes any disability under this chapter imposed because of that
offense, if fifteen (15) years have elapsed between the time of the
offense and the application for a license under this chapter.
(b) A conditional pardon described in IC 11-9-2-4 for:
(1) a felony; or
(2) a violation of this chapter;
removes a disability under this chapter if the superintendent
determines after an investigation that circumstances have changed
since the pardoned conviction was entered to such an extent that the
pardoned person is likely to handle handguns in compliance with the
law. As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984,
SEC.6; P.L.148-1987, SEC.6.
IC 35-47-2-21 Recognition of retail dealers' licenses and licenses to carry
handguns issued by other states
Sec. 21. (a) Retail dealers' licenses issued by other states or
foreign countries will not be recognized in Indiana except for sales
at wholesale.
(b) 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. As added by P.L.311-1983, SEC.32.
IC 35-47-2-22 Use of unlawful handgun-carrying license to obtain handgun
prohibited
Sec. 22. It is unlawful for any person to use, or to attempt to use,
a false, counterfeit, spurious, or altered handgun-carrying license to
obtain a handgun contrary to the provisions of this chapter. As added by P.L.311-1983, SEC.32.
IC 35-47-2-23 Violations; classes of misdemeanors and felonies
Sec. 23. (a) A person who violates section 3, 4, 5, 14, 15, or 16 of
this chapter commits a Class B misdemeanor.
(b) A person who violates section 7, 17, or 18 of this chapter
commits a Class C felony.
(c) A person who violates section 1 of this chapter commits a
Class A misdemeanor. However, the offense is a Class C felony:
(1) if the offense is committed:
(A) on or in school property;
(B) within one thousand (1,000) feet of school property; or
(C) on a school bus; or
(2) if the person:
(A) has a prior conviction of any offense under:
(i) this subsection; or
(ii) subsection (d); or
(B) has been convicted of a felony within fifteen (15) years
before the date of the offense.
(d) A person who violates section 22 of this chapter commits a
Class A misdemeanor. However, the offense is a Class D felony if
the person has a prior conviction of any offense under this subsection
or subsection (c), or if the person has been convicted of a felony
within fifteen (15) years before the date of the offense. As added by P.L.311-1983, SEC.32. Amended by P.L.16-1984,
SEC.20; P.L.140-1994, SEC.9; P.L.17-1997, SEC.7.
IC 35-47-2-24 Indictment or information; defendant's burden to prove exemption
or license; arrest, effect of production of valid license, or
establishment of exemption
Sec. 24. (a) In an information or indictment brought for the
enforcement of any provision of this chapter, it is not necessary to
negate any exemption specified under this chapter, or to allege the
absence of a license required under this chapter. The burden of proof
is on the defendant to prove that he is exempt under section 2 of this
chapter, or that he has a license as required under this chapter.
(b) Whenever a person who has been arrested or charged with a
violation of section 1 of this chapter presents a valid license to the
prosecuting attorney or establishes that he is exempt under section 2
of this chapter, any prosecution for a violation of section 1 of this
chapter shall be dismissed immediately, and all records of an arrest
or proceedings following arrest shall be destroyed immediately. As added by P.L.311-1983, SEC.32.
