§ 35-47-2-7 — "Machine gun"; prohibited sales or transfers of ownership

(a) As used in this section, "machine gun" has
the meaning set forth in IC 35-31.5-2-190.
(b) Except an individual acting within a parent-minor child or
guardian-minor protected person relationship or any other individual
who is also acting in compliance with IC 35-47-10 (governing children
and firearms) and federal law, a person may not sell, give, or in any
other manner transfer the ownership or possession of a handgun or
machine gun to any person under eighteen (18) years of age.
(c) A person who knowingly or intentionally sells, gives, or in any
other manner transfers ownership or possession of a machine gun to a
person under eighteen (18) years of age commits a Level 5 felony.
However, the offense is a Level 4 felony if the person who sells, gives,
or transfers ownership of the machine gun has a prior conviction under
this section, and a Level 3 felony if a person under eighteen (18) years
of age uses the machine gun to commit murder (IC 35-42-1-1).
(d) A person who knowingly or intentionally sells, gives, or in any
other manner transfers the ownership or possession of a handgun to
another person who the person knows:
(1) is ineligible for any reason other than the person's age to
purchase or otherwise receive from a dealer a handgun; or
(2) intends to use the handgun to commit a crime;
commits criminal transfer of a handgun, a Level 5 felony. However, the
offense is a Level 3 felony if the other person uses the handgun to
commit murder (IC 35-42-1-1).
(e) A person who purchases a handgun with the intent to:
(1) resell or otherwise provide the handgun to another person who
the person knows is ineligible for any reason to purchase or
otherwise receive from a dealer a handgun;
(2) resell or otherwise provide the handgun to another person who
the person knows intends to use the handgun to commit a crime;
or
(3) transport the handgun outside Indiana to be resold or
otherwise provided to another person who the transferor knows:
(A) is ineligible to purchase or otherwise receive a handgun; or
(B) intends to use the handgun to commit a crime;
commits the straw purchase of a handgun, a Level 5 felony. However,
the offense is a Level 3 felony if the other person uses the handgun to
commit murder (IC 35-42-1-1).
(f) As used in this subsection, "NICS" has the meaning set forth in
IC 35-47-2.5-2.5. It is a defense to a prosecution under subsection
(d)(1) that:
(1) the accused person contacted NICS (or had a dealer contact
NICS on the person's behalf) to request a background check on
the other person before the accused person sold, gave, or in any
other manner transferred the ownership or possession of the
handgun to the other person; and
(2) the accused person (or dealer acting on the person's behalf)
received authorization from NICS to sell, give, or in any other
manner transfer ownership or possession of the handgun to the
other person.

Legislative History

As added by P.L.311-1983, SEC.32. Amended by P.L.33-1989, SEC.126; P.L.140-1994, SEC.8; P.L.269-1995, SEC.7; P.L.158-2013, SEC.577; P.L.152-2014, SEC.2; P.L.183-2019, SEC.1; P.L.80-2023, SEC.2.