CHAPTER 10. CHILDREN AND FIREARMS
IC 35-47-10
Chapter 10. Children and Firearms
IC 35-47-10-1
Exemptions from chapter
Sec. 1. This chapter does not apply to the following:
(1) A child who is attending a hunters safety course or afirearms safety course or an adult who is supervising the childduring the course.
(2) A child engaging in practice in using a firearm for targetshooting at an established range or in an area where thedischarge of a firearm is not prohibited or supervised by:
(A) a qualified firearms instructor; or
(B) an adult who is supervising the child while the child isat the range.
(3) A child engaging in an organized competition involving theuse of a firearm or participating in or practicing for aperformance by an organized group under Section 501(c)(3) ofthe Internal Revenue Code that uses firearms as a part of aperformance or an adult who is involved in the competition orperformance.
(4) A child who is hunting or trapping under a valid licenseissued to the child under IC 14-22.
(5) A child who is traveling with an unloaded firearm to or froman activity described in this section.
(6) A child who:
(A) is on real property that is under the control of the child'sparent, an adult family member of the child, or the child'slegal guardian; and
(B) has permission from the child's parent or legal guardianto possess a firearm.
(7) A child who:
(A) is at the child's residence; and
(B) has the permission of the child's parent, an adult familymember of the child, or the child's legal guardian to possessa firearm.
As added by P.L.140-1994, SEC.12. Amended by P.L.1-1995,SEC.78; P.L.203-1996, SEC.2.
IC 35-47-10-2
"Adult" defined
Sec. 2. As used in this chapter, "adult" means a person who is atleast eighteen (18) years of age.
As added by P.L.140-1994, SEC.12.
IC 35-47-10-3
"Child" defined
Sec. 3. As used in this chapter, "child" means a person who is lessthan eighteen (18) years of age.
As added by P.L.140-1994, SEC.12.
IC 35-47-10-4
"Loaded" defined
Sec. 4. As used in this chapter, "loaded" means having any of thefollowing:
(1) A cartridge in the chamber or cylinder of a firearm.
(2) Ammunition in close proximity to a firearm so that a personcan readily place the ammunition in the firearm.
As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996,SEC.3.
IC 35-47-10-5
Dangerous possession of a firearm
Sec. 5. A child who knowingly, intentionally, or recklessly:
(1) possesses a firearm for any purpose other than a purposedescribed in section 1 of this chapter; or
(2) provides a firearm to another child with or withoutremuneration for any purpose other than a purpose described insection 1 of this chapter;
commits dangerous possession of a firearm, a Class A misdemeanor.However, the offense is a Class C felony if the child has a priorconviction under this section.
As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996,SEC.4.
IC 35-47-10-6
Dangerous control of a firearm
Sec. 6. An adult who knowingly, intentionally, or recklesslyprovides a firearm to a child for any purpose other than thosedescribed in section 1 of this chapter, with or without remuneration,commits dangerous control of a firearm, a Class C felony. However,the offense is a Class B felony if the adult has a prior convictionunder this section.
As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996,SEC.5.
IC 35-47-10-7
Permitting child to possess a firearm
Sec. 7. A child's parent or legal guardian who knowingly,intentionally, or recklessly permits the child to possess a firearm:
(1) while:
(A) aware of a substantial risk that the child will use thefirearm to commit a felony; and
(B) failing to make reasonable efforts to prevent the use ofa firearm by the child to commit a felony; or
(2) when the child has been convicted of a crime of violence orhas been adjudicated as a juvenile for an offense that wouldconstitute a crime of violence if the child were an adult;
commits dangerous control of a child, a Class C felony. However, theoffense is a Class B felony if the child's parent or legal guardian hasa prior conviction under this section.As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996,SEC.6.
IC 35-47-10-8
Term of imprisonment in addition to criminal penalty
Sec. 8. (a) In addition to any criminal penalty imposed for anoffense under this chapter, the court shall order the following:
(1) That a person who has committed an offense be incarceratedfor five (5) consecutive days in an appropriate facility.
(2) That the additional five (5) day term must be served withintwo (2) weeks after the date of sentencing.
(b) Notwithstanding IC 35-50-6, a person does not earn credittime while serving an additional five (5) day term of imprisonmentimposed by a court under this section.
As added by P.L.140-1994, SEC.12.
IC 35-47-10-9
Consecutive sentences imposed
Sec. 9. A court shall impose consecutive sentences upon a personwho has a conviction under this chapter and a conviction underIC 35-47-2-7.
As added by P.L.140-1994, SEC.12.
IC 35-47-10-10
Rehabilitation of child; placement in quasi-military program
Sec. 10. When sentencing a child who has committed an offenseunder this chapter, a court may elect to place the child in a facilitythat uses a quasi-military program for rehabilitative purposes.
As added by P.L.140-1994, SEC.12.