Sec. 16. (a) This section does not apply to a person who complies with IC 35-47-10 (governing children and firearms).

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 3 felonybetween 3 and 16 yearsup to $10,000
Level 5 felonybetween 1 and 6 yearsup to $10,000
For details, see Ind. Code § 35-50-2-5 and Ind. Code § 35-50-2-6
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Terms Used In Indiana Code 35-47-2.5-16

  • dealer: includes any person licensed under 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 (Indiana Code 35-47-2.5-2.5
     (b) A person who provides a firearm to an individual who the person knows:

(1) is ineligible to purchase or otherwise receive or possess a firearm for any reason other than the person’s age; or

(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.

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