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 firearms
importers or collectors or firearms manufacturers or dealers
under 18 U.S.C. 923.
(2) Purchases by or sales to a law enforcement officer or agent
of the United States, the state, or a county or local government.
(3) Indiana residents licensed to carry handguns under
IC 35-47-2-3.
(b) Notwithstanding any other provision of this chapter, the state
shall participate in the NICS if federal funds are available to assist
the 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 conflicting
provision 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 person
licensed 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 National
Instant Criminal Background Check System maintained by the
Federal Bureau of Investigation in accordance with the federal Brady
Handgun 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 shall
complete and sign Bureau of Alcohol, Tobacco, Firearms and
Explosives 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 the
dealer's inventory a handgun to a person until the dealer has done all
of the following:
(1) Obtained from the prospective purchaser a completed and
signed 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 handgun
to the prospective purchaser.
(b) The dealer shall record the NICS transaction number on Form
4473 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 in
Indiana for purposes of this chapter, a dealer must require a
prospective purchaser to present one (1) photographic identification
form issued by a governmental agency of the state or by the United
States Department of Defense, or other documentation of residence.
(b) Except when photographic identification was issued by the
United States Department of Defense, other documentation of
residence must show an address identical to that shown on the
photographic identification form or as amended by proper notice of
change of address filed with the issuing authority. Suitable other
documentation of residence includes:
(1) evidence of currently paid personal property tax or real
estate tax, a current lease, utility, or telephone bill, a voter
registration card, a bank check, a passport, an automobile
registration, or a hunting or fishing license;
(2) other current identification allowed as evidence of residency
by 27 CFR 178.124 and United States Alcohol, Tobacco, and
Firearms Ruling 79-7; or
(3) other documentation of residence, determined to be
acceptable by the state police department, that corroborates that
the prospective purchaser currently resides in Indiana.
(c) If the photographic identification was issued by the United
States Department of Defense, permanent orders may be used as
documentation 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 a
materially false statement on Form 4473 completed under section 3
of 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 dealer
who knowingly or intentionally sells, rents, trades, or transfers a
handgun 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 provides
a handgun to the following:
(1) A child who is attending a hunters safety course or a
firearms safety course or an adult who is supervising the child
during the course.
(2) A child engaging in practice in using a firearm for target
shooting at an established range or in an area where the
discharge 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 is
at the range.
(3) A child engaging in an organized competition involving the
use of a firearm or participating in or practicing for a
performance by an organized group under Section 501(c)(3) of
the Internal Revenue Code that uses firearms as a part of a
performance or an adult who is involved in the competition or
performance.
(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 from
an activity described in this section.
(6) A child who:
(A) is on real property that is under the control of the child's
parent, an adult family member of the child, or the child's
legal guardian; and
(B) has permission from the child's parent or legal guardian
to possess a firearm.
(b) A person who purchases a handgun with the intent to:
(1) resell or otherwise provide the handgun to another person
who the person knows or has reason to believe is ineligible for
any reason to purchase or otherwise receive from a dealer a
handgun; or
(2) transport the handgun out of the state to be resold or
otherwise provided to another person who the transferor knows
is 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 than
one (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 otherwise
receive or possess a handgun in Indiana who knowingly or
intentionally solicits, employs, or assists any person in violating
section 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.