Sec. 5. (a) A child who knowingly, intentionally, or recklessly possesses a firearm for any purpose other than a purpose described in section 1 of this chapter commits dangerous possession of a firearm, a Class A misdemeanor. However, the offense is a Level 5 felony if the child has a prior conviction under this section or has been adjudicated a delinquent for an act that would be an offense under this section.

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
Class A misdemeanorup to 1 yearup to $5,000
For details, see Ind. Code § 35-50-2-5, Ind. Code § 35-50-2-6 and Ind. Code § 35-50-3-2
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Terms Used In Indiana Code 35-47-10-5

  • child: means a person who is less than eighteen (18) years of age. See Indiana Code 35-47-10-3
  • Conviction: A judgement of guilt against a criminal defendant.
     (b) A child who knowingly or intentionally provides a firearm to another child whom the child knows:

(1) is ineligible for any reason to purchase or otherwise receive from a dealer a firearm; or

(2) intends to use the firearm to commit a crime;

commits a Level 5 felony. However, the offense is a Level 3 felony if the other child uses the firearm to commit murder (IC 35-42-1-1).

As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.4; P.L.158-2013, SEC.602; P.L.152-2014, SEC.8; P.L.148-2024, SEC.28.

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