CHAPTER 5. PROHIBITED INSTRUMENTS OF VIOLENCE
IC 35-47-5
Chapter 5. Prohibited Instruments of Violence
IC 35-47-5-1
Repealed
(Repealed by P.L.123-2002, SEC.51.)
IC 35-47-5-2
Knife with blade that opens automatically or may be propelled
Sec. 2. It is a Class B misdemeanor for a person to manufacture,possess, display, offer, sell, lend, give away, or purchase any knifewith a blade that:
(1) opens automatically; or
(2) may be propelled;
by hand pressure applied to a button, device containing gas, spring,or other device in the handle of the knife.
As added by P.L.311-1983, SEC.32. Amended by P.L.70-2000,SEC.2.
IC 35-47-5-2.5
Possession of a knife on school property
Sec. 2.5. (a) As used in this section, "knife" means an instrumentthat:
(1) consists of a sharp edged or sharp pointed blade capable ofinflicting cutting, stabbing, or tearing wounds; and
(2) is intended to be used as a weapon.
(b) The term includes a dagger, dirk, poniard, stiletto, switchbladeknife, or gravity knife.
(c) A person who recklessly, knowingly, or intentionallypossesses a knife on:
(1) school property (as defined in IC 35-41-1-24.7);
(2) a school bus (as defined in IC 20-27-2-8); or
(3) a special purpose bus (as defined in IC 20-27-2-10);
commits a Class B misdemeanor. However, the offense is a Class Amisdemeanor if the person has a previous unrelated conviction underthis section and a Class D felony if the offense results in bodilyinjury or serious bodily injury to another person.
(d) This section does not apply to a person who possesses a knife:
(1) if:
(A) the knife is provided to the person by the schoolcorporation or possession of the knife is authorized by theschool corporation; and
(B) the person uses the knife for a purpose authorized by theschool corporation; or
(2) if the knife is secured in a motor vehicle.
As added by P.L.72-2006, SEC.9.
IC 35-47-5-3
Repealed
(Repealed by P.L.269-1995, SEC.10.)
IC 35-47-5-4
Repealed
(Repealed by P.L.1-1990, SEC.350.)
IC 35-47-5-4.1
Sawed-off shotgun
Sec. 4.1. (a) A person who:
(1) manufactures;
(2) causes to be manufactured;
(3) imports into Indiana;
(4) keeps for sale;
(5) offers or exposes for sale; or
(6) gives, lends, or possesses;
any sawed-off shotgun commits dealing in a sawed-off shotgun, aClass D felony.
(b) The presence of a weapon referred to in subsection (a) in amotor vehicle (as defined under IC 9-13-2-105(a)) except for schoolbuses and a vehicle operated in the transportation of passengers bya common carrier (as defined in IC 8-2.1-17-4) creates an inferencethat the weapon is in the possession of the persons occupying themotor vehicle. However, the inference does not apply to all thepersons occupying the motor vehicle if the weapon is found upon, orunder the control of, one (1) of the occupants. In addition, theinference does not apply to a duly licensed driver of a motor vehiclefor hire who finds the weapon in the licensed driver's motor vehiclein the proper pursuit of the licensed driver's trade.
(c) This section does not apply to a law enforcement officer whois acting in the course of the officer's official duties or to a personwho manufactures or imports for sale or sells a sawed-off shotgun toa law enforcement agency.
As added by P.L.1-1990, SEC.351. Amended by P.L.2-1991,SEC.107.
IC 35-47-5-5
Application of chapter
Sec. 5. This chapter does not apply to any firearm not designed touse fixed cartridges or fixed ammunition, or any firearm made beforeJanuary 1, 1899.
As added by P.L.311-1983, SEC.32.
IC 35-47-5-6
Purchasing or obtaining a rifle or shotgun
Sec. 6. (a) Any resident of Indiana:
(1) who is eighteen (18) years of age or older; and
(2) who is not prohibited by law from obtaining, possessing, orusing a firearm;
may purchase or obtain a rifle or shotgun in Ohio, Kentucky,Michigan, or Illinois.
(b) Any resident of Ohio, Kentucky, Michigan, or Illinois:
(1) who is eighteen (18) years of age or older; and (2) who is not prohibited by the laws of Indiana, his domicile,or the United States from obtaining, possessing, or using afirearm;
may purchase or obtain a rifle, shotgun, or ammunition for a rifle ora shotgun in Indiana.
(c) Any transaction under this section is subject to the provisionsof the Gun Control Act of 1968 (82 Stat. 1213, 18 U.S.C.0.922(B)(3)).
As added by P.L.311-1983, SEC.32.
IC 35-47-5-7
Repealed
(Repealed by P.L.175-1984, SEC.5.)
IC 35-47-5-8
Machine gun
Sec. 8. A person who owns or possesses a machine gun commitsa Class C felony.
As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000,SEC.3; P.L.123-2002, SEC.43.
IC 35-47-5-9
Operating loaded machine gun
Sec. 9. A person who operates a loaded machine gun commits aClass B felony.
As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000,SEC.4; P.L.123-2002, SEC.44.
IC 35-47-5-10
Applicability of statutes relating to machine guns
Sec. 10. The provisions of section 8 or 9 of this chapter shall notbe construed to apply to any of the following:
(1) Members of the military or naval forces of the UnitedStates, National Guard of Indiana, or Indiana State Guard, whenon duty or practicing.
(2) Machine guns kept for display as relics and which arerendered harmless and not usable.
(3) Any of the law enforcement officers of this state or theUnited States while acting in the furtherance of their duties.
(4) Persons lawfully engaged in the display, testing, or use offireworks.
(5) Agencies of state government.
(6) Persons permitted by law to engage in the business ofmanufacturing, assembling, conducting research on, or testingmachine guns, airplanes, tanks, armored vehicles, or ordnanceequipment or supplies while acting within the scope of suchbusiness.
(7) Persons possessing, or having applied to possess, machineguns under applicable United States statutes. Such machineguns must be transferred as provided in this article. (8) Persons lawfully engaged in the manufacture, transportation,distribution, use or possession of any material, substance, ordevice for the sole purpose of industrial, agricultural, mining,construction, educational, or any other lawful use.
As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000,SEC.5; P.L.123-2002, SEC.45.
IC 35-47-5-11
"Armor-piercing handgun ammunition" defined; related offenses
Sec. 11. (a) As used in this section, "armor-piercing handgunammunition" means a cartridge that:
(1) can be fired in a handgun; and
(2) will, upon firing, expel a projectile that has a metal core andan outer coating of plastic.
(b) A person who knowingly or intentionally:
(1) manufactures;
(2) possesses;
(3) transfers possession of; or
(4) offers to transfer possession of;
armor-piercing handgun ammunition commits a Class C felony.
(c) This section does not apply to nylon coated ammunition,plastic shot capsules, or ammunition designed to be used in rifles orshotguns.
(d) This section does not apply to a law enforcement officer whois acting in the course of the officer's official duties or to a personwho manufactures or imports for sale or sells armor-piercinghandgun ammunition to a law enforcement agency.
As added by P.L.332-1983, SEC.1. Amended by P.L.327-1987,SEC.2.
IC 35-47-5-12
"Chinese throwing star" defined; related offenses
Sec. 12. (a) A person who:
(1) manufactures;
(2) causes to be manufactured;
(3) imports into Indiana;
(4) keeps for sale;
(5) offers or exposes for sale; or
(6) gives, lends, or possesses;
a Chinese throwing star commits a Class C misdemeanor.
(b) As used in this section, "Chinese throwing star" means athrowing-knife, throwing-iron, or other knife-like weapon withblades set at different angles.
As added by P.L.318-1985, SEC.2.
IC 35-47-5-13
Unlawful use of body armor
Sec. 13. (a) As used in this section, "body armor" means bulletresistant metal or other material worn by a person to provideprotection from weapons or bodily injury. (b) A person who knowingly or intentionally uses body armorwhile committing a felony commits unlawful use of body armor, aClass D felony.
As added by P.L.227-1996, SEC.1.