Indiana Code 35-47-2.5-16. Criminal transfer of a firearm
Current as of: 2023 | Check for updates
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Sec. 16. (a) This section does not apply to a person who complies with IC 35-47-10 (governing children and firearms).
For details, see Ind. Code § 35-50-2-5 and Ind. Code § 35-50-2-6
(1) is ineligible to purchase or otherwise receive or possess a firearm for any reason other than the person’s age; or
(b) A person who provides a firearm to an individual who the person knows:
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 3 felony | between 3 and 16 years | up to $10,000 |
| Level 5 felony | between 1 and 6 years | up to $10,000 |
Terms Used In Indiana Code 35-47-2.5-16
- dealer: includes any person licensed under 18 U. See Indiana Code 35-47-2.5-2
- 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. See Indiana Code 35-47-2.5-2.5
(2) intends to use the firearm to commit a crime;
commits criminal transfer of a firearm, a Level 5 felony. However, the offense is a Level 3 felony if the individual uses the firearm to commit murder (IC 35-42-1-1).
(c) It is a defense to a prosecution under subsection (b)(1) that:
(1) the accused person (or dealer acting on the person’s behalf) contacted NICS to request a background check on the individual before the accused person provided the firearm to the individual; and
(2) the accused person (or dealer acting on the person’s behalf) received authorization from NICS to provide the firearm to the individual.
As added by P.L.152-2014, SEC.6.