Indiana § 35-47-1-7 "Proper person"

Indiana Statutes

§ 35-47-1-7 — "Proper person"

Indiana § 35-47-1-7

Art. 47WEAPONS AND INSTRUMENTS OF VIOLENCE

Ch. 1Definitions

This text of Indiana § 35-47-1-7 ("Proper person") is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-47-1-7 (2026).

Text

"Proper person" means a person who:

(1)does not have a conviction for resisting law enforcement under IC 35-44.1-3-1 within five (5) years before the person applies for a license or permit under this chapter;

(2)does not have a conviction for a crime for which the person could have been sentenced for more than one (1) year;

(3)does not have a conviction for a crime of domestic violence (as defined in IC 35-31.5-2-78), unless a court has restored the person's right to possess a firearm under IC 35-47-4-7;

(4)is not prohibited by a court order from possessing a handgun;

(5)does not have a record of being an alcohol or drug abuser as defined in this chapter;

(6)does not have documented evidence which would give rise to a reasonable belief that the person has a propensity for violent or

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"Proper person" means a person who:
(1) does not have a conviction for resisting law enforcement
under IC 35-44.1-3-1 within five (5) years before the person
applies for a license or permit under this chapter;
(2) does not have a conviction for a crime for which the person
could have been sentenced for more than one (1) year;
(3) does not have a conviction for a crime of domestic violence
(as defined in IC 35-31.5-2-78), unless a court has restored the
person's right to possess a firearm under IC 35-47-4-7;
(4) is not prohibited by a court order from possessing a handgun;
(5) does not have a record of being an alcohol or drug abuser as
defined in this chapter;
(6) does not have documented evidence which would give rise to
a reasonable belief that the person has a propensity for violent or
emotionally unstable conduct;
(7) does not make a false statement of material fact on the
person's application;
(8) does not have a conviction for any crime involving an inability
to safely handle a handgun;
(9) does not have a conviction for violation of the provisions of
this article within five (5) years of the person's application;
(10) does not have an adjudication as a delinquent child for an act
that would be a felony if committed by an adult, if the person
applying for a license or permit under this chapter is less than
twenty-three (23) years of age;
(11) has not been involuntarily committed, other than a temporary
commitment for observation or evaluation, to a mental institution
by a court, board, commission, or other lawful authority;
(12) has not been the subject of a:
(A) ninety (90) day commitment as a result of proceeding under
IC 12-26-6; or
(B) regular commitment under IC 12-26-7;
(13) has not been found by a court to be mentally incompetent,
including being found:
(A) not guilty by reason of insanity;
(B) guilty but mentally ill; or
(C) incompetent to stand trial; or
(14) is not currently designated as dangerous (as defined in IC 35-47-14-1) by a court following a hearing under IC 35-47-14-6.

Legislative History

As added by P.L.311-1983, SEC.32. Amended by P.L.191-1984, SEC.1; P.L.148-1987, SEC.3; P.L.269-1995, SEC.5; P.L.49-2005, SEC.1; P.L.118-2007, SEC.34; P.L.127-2011, SEC.3; P.L.114-2012, SEC.139; P.L.126-2012, SEC.57; P.L.289-2019, SEC.3.