CHAPTER 4. MISCELLANEOUS PROVISIONS
IC 35-47-4
Chapter 4. Miscellaneous Provisions
IC 35-47-4-1
Delivery of deadly weapon to intoxicated person
Sec. 1. A person who sells, barters, gives, or delivers any deadlyweapon to any person at the time in a state of intoxication, knowinghim to be in a state of intoxication, or to any person who is in thehabit of becoming intoxicated, and knowing him to be a person whois in the habit of becoming intoxicated, commits a Class Bmisdemeanor.
As added by P.L.311-1983, SEC.32.
IC 35-47-4-2
Loans secured by handguns
Sec. 2. A person who makes a loan secured by a:
(1) mortgage;
(2) deposit; or
(3) pledge;
of a handgun commits a Class B misdemeanor.
As added by P.L.311-1983, SEC.32.
IC 35-47-4-3
Pointing firearm at another person
Sec. 3. (a) This section does not apply to a law enforcementofficer who is acting within the scope of the law enforcementofficer's official duties or to a person who is justified in usingreasonable force against another person under:
(1) IC 35-41-3-2; or
(2) IC 35-41-3-3.
(b) A person who knowingly or intentionally points a firearm atanother person commits a Class D felony. However, the offense is aClass A misdemeanor if the firearm was not loaded.
As added by P.L.296-1995, SEC.2.
IC 35-47-4-4
Repealed
(Repealed by P.L.247-1999, SEC.2.)
IC 35-47-4-5
Unlawful possession of firearm by serious violent felon
Sec. 5. (a) As used in this section, "serious violent felon" meansa person who has been convicted of:
(1) committing a serious violent felony in:
(A) Indiana; or
(B) any other jurisdiction in which the elements of the crimefor which the conviction was entered are substantiallysimilar to the elements of a serious violent felony; or
(2) attempting to commit or conspiring to commit a seriousviolent felony in: (A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2;or
(B) any other jurisdiction in which the elements of the crimefor which the conviction was entered are substantiallysimilar to the elements of attempting to commit orconspiring to commit a serious violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (IC 35-42-1-1);
(2) voluntary manslaughter (IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle (IC35-42-1-5);
(4) battery as a:
(A) Class A felony (IC 35-42-2-1(a)(5));
(B) Class B felony (IC 35-42-2-1(a)(4)); or
(C) Class C felony (IC 35-42-2-1(a)(3));
(5) aggravated battery (IC 35-42-2-1.5);
(6) kidnapping (IC 35-42-3-2);
(7) criminal confinement (IC 35-42-3-3);
(8) rape (IC 35-42-4-1);
(9) criminal deviate conduct (IC 35-42-4-2);
(10) child molesting (IC 35-42-4-3);
(11) sexual battery as a Class C felony (IC 35-42-4-8);
(12) robbery (IC 35-42-5-1);
(13) carjacking (IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony (IC35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony (IC35-43-2-1);
(16) assisting a criminal as a Class C felony (IC 35-44-3-2);
(17) resisting law enforcement as a Class B felony or Class Cfelony (IC 35-44-3-3);
(18) escape as a Class B felony or Class C felony (IC35-44-3-5);
(19) trafficking with an inmate as a Class C felony (IC35-44-3-9);
(20) criminal gang intimidation (IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony (IC35-45-10-5);
(22) incest (IC 35-46-1-3);
(23) dealing in or manufacturing cocaine or a narcotic drug (IC35-48-4-1);
(24) dealing in methamphetamine (IC 35-48-4-1.1);
(25) dealing in a schedule I, II, or III controlled substance (IC35-48-4-2);
(26) dealing in a schedule IV controlled substance (IC35-48-4-3); or
(27) dealing in a schedule V controlled substance (IC35-48-4-4).
(c) A serious violent felon who knowingly or intentionallypossesses a firearm commits unlawful possession of a firearm by a
serious violent felon, a Class B felony.
As added by P.L.247-1999, SEC.1. Amended by P.L.14-2000,SEC.76; P.L.17-2001, SEC.17; P.L.222-2001, SEC.5; P.L.151-2006,SEC.21.
IC 35-47-4-6
Unlawful possession of a firearm by a domestic batterer
Sec. 6. (a) A person who has been convicted of domestic batteryunder IC 35-42-2-1.3 and who knowingly or intentionally possessesa firearm commits unlawful possession of a firearm by a domesticbatterer, a Class A misdemeanor.
(b) It is a defense to a prosecution under this section that theperson's right to possess a firearm has been restored underIC 35-47-4-7.
As added by P.L.195-2003, SEC.7. Amended by P.L.98-2004,SEC.156; P.L.118-2007, SEC.36.
IC 35-47-4-7
Persons prohibited from possessing a firearm; restoration of rightto possess a firearm
Sec. 7. (a) Notwithstanding IC 35-47-2, IC 35-47-2.5, therestoration of the right to serve on a jury under IC 33-28-5-18, or therestoration of the right to vote under IC 3-7-13-5, and except asprovided in subsections (b), (c), and (f), a person who has beenconvicted of a crime of domestic violence may not possess a firearmafter the person's release from imprisonment or lawful detention.
(b) Not earlier than five (5) years after the date of conviction, aperson who has been convicted of a crime of domestic violence maypetition the court for restoration of the person's right to possess afirearm. In determining whether to restore the person's right topossess a firearm, the court shall consider the following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person frompossessing a firearm.
(2) Whether the person has successfully completed a substanceabuse program, if applicable.
(3) Whether the person has successfully completed a parentingclass, if applicable.
(4) Whether the person still presents a threat to the victim of thecrime.
(5) Whether there is any other reason why the person should notpossess a firearm, including whether the person failed to satisfya specified condition under subsection (c) or whether the personhas committed a subsequent offense.
(c) The court may condition the restoration of a person's right topossess a firearm upon the person's satisfaction of specifiedconditions. (d) If the court denies a petition for restoration of the right topossess a firearm, the person may not file a second or subsequentpetition until one (1) year has elapsed after the filing of the mostrecent petition.
(e) A person has not been convicted of a crime of domesticviolence for purposes of subsection (a) if the conviction has beenexpunged or if the person has been pardoned.
(f) The right to possess a firearm shall be restored to a personwhose conviction is reversed on appeal or on postconviction reviewat the earlier of the following:
(1) At the time the prosecuting attorney states on the record thatthe charges that gave rise to the conviction will not be refiled.
(2) Ninety (90) days after the final disposition of the appeal orthe postconviction proceeding.
As added by P.L.118-2007, SEC.37.