CHAPTER 2.5. SALE OF HANDGUNS
IC 35-47-2.5
Chapter 2.5. Sale of Handguns
IC 35-47-2.5-1
Applicability; conflicts
Sec. 1. (a) This chapter does not apply to the following:
(1) Transactions between persons who are licensed as firearmsimporters or collectors or firearms manufacturers or dealersunder 18 U.S.C. 923.
(2) Purchases by or sales to a law enforcement officer or agentof the United States, the state, or a county or local government.
(3) Indiana residents licensed to carry handguns underIC 35-47-2-3.
(b) Notwithstanding any other provision of this chapter, the stateshall participate in the NICS if federal funds are available to assistthe state in participating in the NICS. If:
(1) the state participates in the NICS; and
(2) there is a conflict between:
(A) a provision of this chapter; and
(B) a procedure required under the NICS;
the procedure required under the NICS prevails over the conflictingprovision of this chapter.
As added by P.L.17-1997, SEC.8. Amended by P.L.190-2006, SEC.5.
IC 35-47-2.5-2
"Dealer" defined
Sec. 2. As used in this chapter, "dealer" includes any personlicensed under 18 U.S.C. 923.
As added by P.L.17-1997, SEC.8.
IC 35-47-2.5-2.5
"NICS"
Sec. 2.5. As used in this chapter, "NICS" refers to the NationalInstant Criminal Background Check System maintained by theFederal Bureau of Investigation in accordance with the federal BradyHandgun Violence Prevention Act (18 U.S.C. 921 et seq.).
As added by P.L.190-2006, SEC.6.
IC 35-47-2.5-3
Form 4473
Sec. 3. A person purchasing a handgun from a dealer shallcomplete and sign Bureau of Alcohol, Tobacco, Firearms andExplosives Form 4473.
As added by P.L.17-1997, SEC.8. Amended by P.L.190-2006, SEC.7;P.L.155-2007, SEC.3.
IC 35-47-2.5-4
Dealer requirements before sale, rent, trade, or transfer
Sec. 4. (a) A dealer may not sell, rent, trade, or transfer from thedealer's inventory a handgun to a person until the dealer has done all
of the following:
(1) Obtained from the prospective purchaser a completed andsigned Form 4473 as specified in section 3 of this chapter.
(2) Contacted NICS:
(A) by telephone; or
(B) electronically;
to request a background check on the prospective purchaser.
(3) Received authorization from NICS to transfer the handgunto the prospective purchaser.
(b) The dealer shall record the NICS transaction number on Form4473 and retain Form 4473 for auditing purposes.
As added by P.L.17-1997, SEC.8. Amended by P.L.190-2006, SEC.8.
IC 35-47-2.5-5
Documentation of personal identification and residence
Sec. 5. (a) To establish personal identification and residence inIndiana for purposes of this chapter, a dealer must require aprospective purchaser to present one (1) photographic identificationform issued by a governmental agency of the state or by the UnitedStates Department of Defense, or other documentation of residence.
(b) Except when photographic identification was issued by theUnited States Department of Defense, other documentation ofresidence must show an address identical to that shown on thephotographic identification form or as amended by proper notice ofchange of address filed with the issuing authority. Suitable otherdocumentation of residence includes:
(1) evidence of currently paid personal property tax or realestate tax, a current lease, utility, or telephone bill, a voterregistration card, a bank check, a passport, an automobileregistration, or a hunting or fishing license;
(2) other current identification allowed as evidence of residencyby 27 CFR 178.124 and United States Alcohol, Tobacco, andFirearms Ruling 79-7; or
(3) other documentation of residence, determined to beacceptable by the state police department, that corroborates thatthe prospective purchaser currently resides in Indiana.
(c) If the photographic identification was issued by the UnitedStates Department of Defense, permanent orders may be used asdocumentation of residence.
As added by P.L.17-1997, SEC.8.
IC 35-47-2.5-6
Repealed
(Repealed by P.L.190-2006, SEC.10.)
IC 35-47-2.5-7
Repealed
(Repealed by P.L.190-2006, SEC.10.)
IC 35-47-2.5-8 Repealed
(Repealed by P.L.190-2006, SEC.10.)
IC 35-47-2.5-9
Repealed
(Repealed by P.L.190-2006, SEC.10.)
IC 35-47-2.5-10
Repealed
(Repealed by P.L.190-2006, SEC.10.)
IC 35-47-2.5-11
Repealed
(Repealed by P.L.190-2006, SEC.10.)
IC 35-47-2.5-12
Criminal history check; false statement on consent form
Sec. 12. A person who knowingly or intentionally makes amaterially false statement on Form 4473 completed under section 3of this chapter commits a Class D felony.
As added by P.L.17-1997, SEC.8. Amended by P.L.190-2006, SEC.9;P.L.155-2007, SEC.4.
IC 35-47-2.5-13
Dealer violations
Sec. 13. Except as otherwise provided in this chapter, a dealerwho knowingly or intentionally sells, rents, trades, or transfers ahandgun in violation of this chapter commits a Class A misdemeanor.
As added by P.L.17-1997, SEC.8.
IC 35-47-2.5-14
Providing handgun to ineligible purchaser; exemptions
Sec. 14. (a) This section does not apply to a person who providesa handgun 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 is 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 license
issued 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.
(b) A person who purchases a handgun with the intent to:
(1) resell or otherwise provide the handgun to another personwho the person knows or has reason to believe is ineligible forany reason to purchase or otherwise receive from a dealer ahandgun; or
(2) transport the handgun out of the state to be resold orotherwise provided to another person who the transferor knowsis ineligible to purchase or otherwise receive a firearm;
commits a Class D felony.
(c) If the violation of this section involves a transfer of more thanone (1) handgun, the offense is a Class C felony.
As added by P.L.17-1997, SEC.8.
IC 35-47-2.5-15
Ineligible purchaser attempting to purchase handgun; violation
Sec. 15. (a) A person who is ineligible to purchase or otherwisereceive or possess a handgun in Indiana who knowingly orintentionally solicits, employs, or assists any person in violatingsection 14 of this chapter commits a Class D felony.
(b) If the violation involves a transfer of more than one (1)handgun, the offense is a Class C felony.
As added by P.L.17-1997, SEC.8.