CHAPTER 2. REGULATION OF HANDGUNS
IC 35-47-2
Chapter 2. Regulation of Handguns
IC 35-47-2-1
Carrying a handgun without a license or by person convicted ofdomestic battery
Sec. 1. (a) Except as provided in subsection (b) and section 2 ofthis chapter, a person shall not carry a handgun in any vehicle or onor about the person's body, except in the person's dwelling, on theperson's property or fixed place of business, without a license issuedunder this chapter being in the person's possession.
(b) Unless the person's right to possess a firearm has been restoredunder IC 35-47-4-7, a person who has been convicted of domesticbattery under IC 35-42-2-1.3 may not possess or carry a handgun inany vehicle or on or about the person's body in the person's dwellingor 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 personsauthorized 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 thenational guard or organized reserves while they are on duty;
(7) regularly enrolled members of any organization dulyauthorized to purchase or receive such weapons from the UnitedStates or from this state who are at or are going to or from theirplace of assembly or target practice;
(8) employees of the United States duly authorized to carryhandguns;
(9) employees of express companies when engaged in companybusiness;
(10) any person engaged in the business of manufacturing,repairing, or dealing in firearms or the agent or representativeof any such person having in his possession, using, or carryinga handgun in the usual or ordinary course of that business; or
(11) any person while carrying a handgun unloaded and in asecure wrapper from the place of purchase to his dwelling orfixed place of business, or to a place of repair or back to hisdwelling or fixed place of business, or in moving from onedwelling 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 shallapply:
(1) to the chief of police or corresponding law enforcementofficer of the municipality in which the applicant resides;
(2) if that municipality has no such officer, or if the applicantdoes not reside in a municipality, to the sheriff of the county inwhich the applicant resides after the applicant has obtained anapplication form prescribed by the superintendent; or
(3) if the applicant is a resident of another state and has aregular place of business or employment in Indiana, to thesheriff of the county in which the applicant has a regular placeof business or employment.
The superintendent and local law enforcement agencies shall allowan applicant desiring to obtain or renew a license to carry a handgunto submit an application electronically under this chapter if funds areavailable to establish and maintain an electronic application system.
(b) The law enforcement agency which accepts an application fora 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 whichshall be refunded if the license is not issued.
(2) From a person applying for a lifetime handgun license whodoes not currently possess a valid Indiana handgun license, afifty dollar ($50) application fee, thirty dollars ($30) of whichshall be refunded if the license is not issued.
(3) From a person applying for a lifetime handgun license whocurrently possesses a valid Indiana handgun license, a fortydollar ($40) application fee, thirty dollars ($30) of which shallbe refunded if the license is not issued.
Except as provided in subsection (h), the fee shall be deposited intothe law enforcement agency's firearms training fund or otherappropriate training activities fund and used by the agency to trainlaw enforcement officers in the proper use of firearms or in other lawenforcement duties, or to purchase firearms, firearm relatedequipment, or body armor (as defined in IC 35-47-5-13(a)) for thelaw enforcement officers employed by the law enforcement agency.The state board of accounts shall establish rules for the properaccounting and expenditure of funds collected under this subsection.
(c) The officer to whom the application is made shall ascertain theapplicant's name, full address, length of residence in the community,whether the applicant's residence is located within the limits of anycity or town, the applicant's occupation, place of business oremployment, criminal record, if any, and convictions (minor trafficoffenses excepted), age, race, sex, nationality, date of birth,citizenship, height, weight, build, color of hair, color of eyes, scarsand marks, whether the applicant has previously held an Indianalicense to carry a handgun and, if so, the serial number of the licenseand year issued, whether the applicant's license has ever been
suspended or revoked, and if so, the year and reason for thesuspension or revocation, and the applicant's reason for desiring alicense. The officer to whom the application is made shall conductan investigation into the applicant's official records and verifythereby the applicant's character and reputation, and shall in additionverify for accuracy the information contained in the application, andshall forward this information together with the officer'srecommendation for approval or disapproval and one (1) set oflegible and classifiable fingerprints of the applicant to thesuperintendent.
(d) The superintendent may make whatever further investigationthe superintendent deems necessary. Whenever disapproval isrecommended, the officer to whom the application is made shallprovide the superintendent and the applicant with the officer'scomplete and specific reasons, in writing, for the recommendation ofdisapproval.
(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 carrya firearm in the United States under federal law;
the superintendent shall issue to the applicant a qualified or anunlimited license to carry any handgun lawfully possessed by theapplicant. The original license shall be delivered to the licensee. Acopy shall be delivered to the officer to whom the application forlicense was made. A copy shall be retained by the superintendent forat least four (4) years in the case of a four (4) year license. Thesuperintendent may adopt guidelines to establish a records retentionpolicy for a lifetime license. A four (4) year license shall be valid fora period of four (4) years from the date of issue. A lifetime license isvalid for the life of the individual receiving the license. The licenseof police officers, sheriffs or their deputies, and law enforcementofficers of the United States government who have been honorablyretired by a lawfully created pension board or its equivalent aftertwenty (20) or more years of service, shall be valid for the life ofthese individuals. However, a lifetime license is automaticallyrevoked if the license holder does not remain a proper person.
(f) At the time a license is issued and delivered to a licensee undersubsection (e), the superintendent shall include with the licenseinformation concerning handgun safety rules that:
(1) neither opposes nor supports an individual's right to beararms; and
(2) is:
(A) recommended by a nonprofit educational organizationthat is dedicated to providing education on safe handling anduse 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 becausethe information required under this subsection is unavailable at thetime the superintendent would otherwise issue a license. The statepolice department may accept private donations or grants to defraythe cost of printing and mailing the information required under thissubsection.
(g) A license to carry a handgun shall not be issued to any personwho:
(1) has been convicted of a felony;
(2) has had a license to carry a handgun suspended, unless theperson'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 hasbeen adjudicated a delinquent child for an act that would be afelony if committed by an adult; or
(5) has been arrested for a Class A or Class B felony, or anyother felony that was committed while armed with a deadlyweapon or that involved the use of violence, if a court has foundprobable cause to believe that the person committed the offensecharged.
In the case of an arrest under subdivision (5), a license to carry ahandgun may be issued to a person who has been acquitted of thespecific offense charged or if the charges for the specific offense aredismissed. The superintendent shall prescribe all forms to be used inconnection with the administration of this chapter.
(h) If the law enforcement agency that charges a fee undersubsection (b) is a city or town law enforcement agency, the fee shallbe deposited in the law enforcement continuing education fundestablished under IC 5-2-8-2.
(i) If a person who holds a valid license to carry a handgun issuedunder 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 definedin IC 35-47-1-7) or otherwise disqualify the person fromholding a license;
the person shall, not later than thirty (30) days after the date of achange 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 describedunder 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 carrya handgun the notification requirements of subsection (i).
(k) The state police department shall adopt rules under IC 4-22-2to implement an electronic application system under subsection (a).Rules adopted under this section must require the superintendent tokeep on file one (1) set of classifiable and legible fingerprints from
every person who has received a license to carry a handgun so thata person who applies to renew a license will not be required tosubmit an additional set of fingerprints.
(l) Except as provided in subsection (m), for purposes ofIC 5-14-3-4(a)(1), the following information is confidential, may notbe 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 governmententity in the course of an investigation concerning a person whoapplies 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 beused to identify a person who holds a license to carry a handgunissued under this chapter.
(m) Notwithstanding subsection (l):
(1) any information concerning an applicant for or a person whoholds a license to carry a handgun issued under this chapter maybe 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 tocarry handguns in Indiana may be released to a personconducting journalistic or academic research, but only if allpersonal information that could disclose the identity of anyperson who holds a license to carry a handgun issued under thischapter 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; exemptionsfrom payment of fees
Sec. 4. (a) Licenses to carry handguns shall be either qualified orunlimited, 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 ofa 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 carriedby a licensee as a condition of employment. Unlimited licenses shallbe 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 licensefrom a person who does not currently possess a valid Indianahandgun license; or
(C) twenty dollars ($20) for a lifetime qualified license froma person who currently possesses a valid Indiana handgunlicense; 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 licensefrom a person who does not currently possess a valid Indianahandgun license; or
(C) sixty dollars ($60) for a lifetime unlimited license froma person who currently possesses a valid Indiana handgunlicense.
The superintendent shall charge a twenty dollar ($20) fee for theissuance 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 feesspecified in subsection (b) for a qualified license or an unlimitedlicense.
(d) The following officers of this state or the United States whohave been honorably retired by a lawfully created pension board orits equivalent after at least twenty (20) years of service or because ofa disability are exempt from the payment of fees specified insubsection (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 stategeneral fund.
(f) The superintendent may not issue a lifetime qualified licenseor a lifetime unlimited license to a person who is a resident ofanother state. The superintendent may issue a four (4) year qualifiedlicense or a four (4) year unlimited license to a person who is aresident of another state and who has a regular place of business oremployment 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; rulesconcerning procedure for suspending or revoking license Sec. 5. (a) The superintendent may suspend or revoke any licenseissued under this chapter if he has reasonable grounds to believe thatthe 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 undersection 3(g)(5) of this chapter from being issued a license, shall begrounds for immediate suspension or revocation of a licensepreviously issued under this chapter. However, if a license issuspended or revoked based solely on an arrest under section 3(g)(5)of this chapter, the license shall be reinstated upon the acquittal ofthe defendant in that case or upon the dismissal of the charges for thespecific offense.
(c) A person who fails to promptly return his license after writtennotice of suspension or revocation commits a Class A misdemeanor.The observation of a handgun license in the possession of a personwhose license has been suspended or revoked constitutes a sufficientbasis for the arrest of that person for violation of this subsection.
(d) The superintendent shall establish rules under IC 4-22-2concerning the procedure for suspending or revoking a person'slicense.
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 thischapter shall be granted or rejected within sixty (60) days after theapplication is filed.
(b) The period during which an application for the renewal of anexisting license may be filed begins three hundred sixty-five (365)days before the expiration of the existing license. If the applicationfor renewal of an existing license is filed within thirty (30) days ofits expiration, the existing license is automatically extended until theapplication 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 childor guardian-minor protected person relationship or any otherindividual who is also acting in compliance with IC 35-47-10, aperson may not sell, give, or in any other manner transfer theownership or possession of a handgun or assault weapon (as definedin 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 mannertransfer the ownership or possession of a handgun to another personwho 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 bea felony if committed by an adult, if the person seeking toobtain ownership or possession of the handgun is less thantwenty-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 thischapter shall apply equally to an occasional sale, trade, or transferbetween individual persons and to retail transactions between dealersand 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 aClass 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 licenseshall apply to the sheriff of the county in which he resides, or if heis a resident of another state and has a regular place of business inIndiana, then to the sheriff of the county in which he has a regularplace 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, scarsand marks, and any criminal record (minor traffic offenses excepted).The officer to whom the application is made shall verify theapplication and search his records concerning the applicant'scharacter and reputation.
(b) The officer to whom the application is made shall send to thesuperintendent:
(1) the verified application;
(2) the results of the officer's investigation; and
(3) the officer's recommendation for approval or disapproval ofthe application;
in as many copies as the superintendent shall designate, and one (1)set of legible and classifiable fingerprints of the applicant. Thesuperintendent may make whatever further investigation he deemsnecessary. Whenever disapproval is recommended by the officer towhom the application was made, he shall provide the superintendentand the applicant with his complete reasons for the disapproval inwriting. If the officer to whom the application is made recommendsapproval, he shall instruct the applicant in the proper method oftaking legible and classifiable fingerprints. If it appears to thesuperintendent that the applicant is of good character and reputationand a proper person to be licensed, he shall issue to the applicant aretail handgun dealer's license which shall be valid for a period oftwo (2) years from the date of issue. The fee for the license shall betwenty dollars ($20), which shall be deposited with the officer towhom the application is made, who shall in turn forward it to thesuperintendent for deposit with the treasurer of state when theapplication is approved by the superintendent. In the event that theapplication is disapproved by the superintendent, the fee shall bereturned 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 hasbeen:
(1) convicted of a felony; or
(2) adjudicated a delinquent child for an act that would be afelony if committed by an adult, if the person applying for theretail 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 sellhandguns at retail within this state subject to the conditions specifiedin this chapter. The license may be suspended or revoked inaccordance with applicable law, and the licensee may be subject topunishment 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; prohibitedsales; gun show
Sec. 16. (a) A retail dealer's business shall be carried on only inthe site designated in the license. A separate license shall be requiredfor each separate retail outlet. Whenever a licensed dealer moves hisplace of business, he shall promptly notify the superintendent, whoshall at once issue an amended license certificate valid for thebalance of the license period. This subsection does not apply to salesat wholesale.
(b) The license, certified by the issuing authority, shall bedisplayed on the business premises in a prominent place where it canbe 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 personallyknown 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 thischapter 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 deliveryof a handgun or in applying for a license to carry a handgun, shallgive false information or offer false evidence of identity. In additionto any penalty provided by this chapter, any handgun obtainedthrough false information shall be subject to confiscation anddisposition as provided in this chapter. Upon notice of a violation ofthis section by the superintendent, it shall be the duty of the sheriffor chief of police or corresponding officer of the jurisdiction inwhich the purchaser resides to confiscate the firearm and retain it asevidence 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 suchhandguns 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 ofidentification on any handgun; or
(2) possess any handgun on which the name of the maker,model, manufacturer's serial number, or other mark ofidentification has been changed, altered, removed, orobliterated;
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 designedto use fixed cartridges or fixed ammunition, or any firearm madebefore 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 thatoffense, if fifteen (15) years have elapsed between the time of theoffense 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 superintendentdetermines after an investigation that circumstances have changedsince the pardoned conviction was entered to such an extent that thepardoned person is likely to handle handguns in compliance with thelaw.
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 carryhandguns issued by other states
Sec. 21. (a) Retail dealers' licenses issued by other states orforeign countries will not be recognized in Indiana except for salesat wholesale.
(b) Licenses to carry handguns, issued by other states or foreigncountries, will be recognized according to the terms thereof but onlywhile 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 handgunprohibited Sec. 22. It is unlawful for any person to use, or to attempt to use,a false, counterfeit, spurious, or altered handgun-carrying license toobtain 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 ofthis chapter commits a Class B misdemeanor.
(b) A person who violates section 7, 17, or 18 of this chaptercommits a Class C felony.
(c) A person who violates section 1 of this chapter commits aClass 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) yearsbefore the date of the offense.
(d) A person who violates section 22 of this chapter commits aClass A misdemeanor. However, the offense is a Class D felony ifthe person has a prior conviction of any offense under this subsectionor subsection (c), or if the person has been convicted of a felonywithin 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 exemptionor license; arrest, effect of production of valid license, orestablishment of exemption
Sec. 24. (a) In an information or indictment brought for theenforcement of any provision of this chapter, it is not necessary tonegate any exemption specified under this chapter, or to allege theabsence of a license required under this chapter. The burden of proofis on the defendant to prove that he is exempt under section 2 of thischapter, or that he has a license as required under this chapter.
(b) Whenever a person who has been arrested or charged with aviolation of section 1 of this chapter presents a valid license to theprosecuting attorney or establishes that he is exempt under section 2of this chapter, any prosecution for a violation of section 1 of thischapter shall be dismissed immediately, and all records of an arrestor proceedings following arrest shall be destroyed immediately.
As added by P.L.311-1983, SEC.32.