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IC 35-47-2-0.1
Application of certain amendments to chapter
Sec. 0.1. The amendments made to sections 3, 5, 7, and 23 of this
chapter by P.L.140-1994 apply to crimes committed after June 30,
1994.
As added by P.L.220-2011, SEC.618.
IC 35-47-2-1
Carrying a handgun without a license or by a person convicted of
domestic battery; exceptions
Sec. 1. (a) Except as provided in subsections (b) and (c) and
section 2 of this chapter, a person shall not carry a handgun in any
vehicle or on or about the person's body without being licensed under
this chapter to carry a handgun.
(b) Except as provided in subsection (c), a person may carry a
handgun without being licensed under this chapter to carry a
handgun if:
(1) the person carries the handgun on or about the person's body
in or on property that is owned, leased, rented, or otherwise
legally controlled by the person;
(2) the person carries the handgun on or about the person's body
while lawfully present in or on property that is owned, leased,
rented, or otherwise legally controlled by another person, if the
person:
(A) has the consent of the owner, renter, lessor, or person
who legally controls the property to have the handgun on the
premises;
(B) is attending a firearms related event on the property,
including a gun show, firearms expo, gun owner's club or
convention, hunting club, shooting club, or training course;
or
(C) the person is on the property to receive firearms related
services, including the repair, maintenance, or modification
of a firearm;
(3) the person carries the handgun in a vehicle that is owned,
leased, rented, or otherwise legally controlled by the person, if
the handgun is:
(A) unloaded;
(B) not readily accessible; and
(C) secured in a case;
(4) the person carries the handgun while lawfully present in a
vehicle that is owned, leased, rented, or otherwise legally
controlled by another person, if the handgun is:
(A) unloaded;
(B) not readily accessible; and
(C) secured in a case; or
(5) the person carries the handgun:
IC 35-47-2-2
Excepted persons
Sec. 2. Section 1 of this chapter does not apply to:
(1) marshals;
(2) sheriffs;
(3) the commissioner of the department of correction or persons
authorized by the commissioner in writing to carry firearms;
(4) judicial officers;
(5) law enforcement officers;
(6) members of the armed forces of the United States or of the
national guard or organized reserves while they are on duty;
(7) regularly enrolled members of any organization duly
authorized to purchase or receive such weapons from the United
States or from this state who are at or are going to or from their
place of assembly or target practice;
(8) employees of the United States duly authorized to carry
handguns;
(9) employees of express companies when engaged in company
business; or
(10) any person engaged in the business of manufacturing,
repairing, or dealing in firearms or the agent or representative
of any such person having in the person's possession, using, or
carrying a handgun in the usual or ordinary course of that
business.
As added by P.L.311-1983, SEC.32. Amended by P.L.164-2011,
SEC.2.
IC 35-47-2-3
Application for license to carry handgun; procedure
Sec. 3. (a) A person desiring a license to carry a handgun shall
apply:
(1) to the chief of police or corresponding law enforcement
officer of the municipality in which the applicant resides;
(2) if that municipality has no such officer, or if the applicant
does not reside in a municipality, to the sheriff of the county in
which the applicant resides after the applicant has obtained an
application form prescribed by the superintendent; or
(3) if the applicant is a resident of another state and has a
regular place of business or employment in Indiana, to the
sheriff of the county in which the applicant has a regular place
of business or employment.
The superintendent and local law enforcement agencies shall allow
an applicant desiring to obtain or renew a license to carry a handgun
to submit an application electronically under this chapter if funds are
available to establish and maintain an electronic application system.
(b) The law enforcement agency which accepts an application for
a handgun license shall collect the following application fees:
(1) From a person applying for a four (4) year handgun license,
a ten dollar ($10) application fee, five dollars ($5) of which
shall be refunded if the license is not issued.
(2) From a person applying for a lifetime handgun license who
does not currently possess a valid Indiana handgun license, a
fifty dollar ($50) application fee, thirty dollars ($30) of which
shall be refunded if the license is not issued.
(3) From a person applying for a lifetime handgun license who
currently possesses a valid Indiana handgun license, a forty
dollar ($40) application fee, thirty dollars ($30) of which shall
be refunded if the license is not issued.
Except as provided in subsection (h), the fee shall be deposited into
the law enforcement agency's firearms training fund or other
appropriate training activities fund and used by the agency to train
law enforcement officers in the proper use of firearms or in other law
enforcement duties, or to purchase firearms, firearm related
equipment, or body armor (as defined in IC 35-47-5-13(a)) for the
law enforcement officers employed by the law enforcement agency.
The state board of accounts shall establish rules for the proper
accounting and expenditure of funds collected under this subsection.
(c) The officer to whom the application is made shall ascertain the
applicant's name, full address, length of residence in the community,
whether the applicant's residence is located within the limits of any
city or town, the applicant's occupation, place of business or
employment, criminal record, if any, and convictions (minor traffic
offenses excepted), age, race, sex, nationality, date of birth,
citizenship, height, weight, build, color of hair, color of eyes, scars
and marks, whether the applicant has previously held an Indiana
license to carry a handgun and, if so, the serial number of the license
and year issued, whether the applicant's license has ever been
suspended or revoked, and if so, the year and reason for the
suspension or revocation, and the applicant's reason for desiring a
license. The officer to whom the application is made shall conduct
an investigation into the applicant's official records and verify
thereby the applicant's character and reputation, and shall in addition
verify for accuracy the information contained in the application, and
shall forward this information together with the officer's
recommendation for approval or disapproval and one (1) set of
legible and classifiable fingerprints of the applicant to the
superintendent.
(d) The superintendent may make whatever further investigation
the superintendent deems necessary. Whenever disapproval is
recommended, the officer to whom the application is made shall
provide the superintendent and the applicant with the officer's
complete and specific reasons, in writing, for the recommendation of
disapproval.
(e) If it appears to the superintendent that the applicant:
(1) has a proper reason for carrying a handgun;
(2) is of good character and reputation;
(3) is a proper person to be licensed; and
(4) is:
(A) a citizen of the United States; or
(B) not a citizen of the United States but is allowed to carry
a firearm in the United States under federal law;
the superintendent shall issue to the applicant a qualified or an
unlimited license to carry any handgun lawfully possessed by the
applicant. The original license shall be delivered to the licensee. A
copy shall be delivered to the officer to whom the application for
license was made. A copy shall be retained by the superintendent for
at least four (4) years in the case of a four (4) year license. The
superintendent may adopt guidelines to establish a records retention
policy for a lifetime license. A four (4) year license shall be valid for
a period of four (4) years from the date of issue. A lifetime license is
valid for the life of the individual receiving the license. The license
of police officers, sheriffs or their deputies, and law enforcement
officers of the United States government who have been honorably
retired by a lawfully created pension board or its equivalent after
twenty (20) or more years of service, shall be valid for the life of
these individuals. However, a lifetime license is automatically
revoked if the license holder does not remain a proper person.
(f) At the time a license is issued and delivered to a licensee under
subsection (e), the superintendent shall include with the license
information concerning handgun safety rules that:
(1) or (2), the person's new name or new address.
(j) The state police shall indicate on the form for a license to carry
a handgun the notification requirements of subsection (i).
(k) The state police department shall adopt rules under IC 4-22-2
to implement an electronic application system under subsection (a).
Rules adopted under this section must require the superintendent to
keep on file one (1) set of classifiable and legible fingerprints from
every person who has received a license to carry a handgun so that
a person who applies to renew a license will not be required to
submit an additional set of fingerprints.
(l) Except as provided in subsection (m), for purposes of
IC 5-14-3-4(a)(1), the following information is confidential, may not
be published, and is not open to public inspection:
(1) Information submitted by a person under this section to:
(A) obtain; or
(B) renew;
a license to carry a handgun.
(2) Information obtained by a federal, state, or local government
entity in the course of an investigation concerning a person who
applies to:
(A) obtain; or
(B) renew;
a license to carry a handgun issued under this chapter.
(3) The name, address, and any other information that may be
used to identify a person who holds a license to carry a handgun
issued under this chapter.
(m) Notwithstanding subsection (l):
(1) any information concerning an applicant for or a person who
holds a license to carry a handgun issued under this chapter may
be released to a federal, state, or local government entity:
(A) for law enforcement purposes; or
(B) to determine the validity of a license to carry a handgun;
and
(2) general information concerning the issuance of licenses to
carry handguns in Indiana may be released to a person
conducting journalistic or academic research, but only if all
personal information that could disclose the identity of any
person who holds a license to carry a handgun issued under this
chapter has been removed from the general information.
As added by P.L.311-1983, SEC.32. Amended by P.L.26-1990,
SEC.15; P.L.48-1993, SEC.5; P.L.140-1994, SEC.6; P.L.269-1995,
SEC.6; P.L.2-1996, SEC.284; P.L.27-2001, SEC.1; P.L.120-2001,
SEC.1; P.L.49-2005, SEC.2; P.L.187-2005, SEC.3; P.L.190-2006,
SEC.2; P.L.155-2007, SEC.1; P.L.47-2010, SEC.1; P.L.34-2010,
SEC.4.
IC 35-47-2-4
Qualified or unlimited licenses to carry handguns; fees; exemptions
from payment of fees
Sec. 4. (a) Licenses to carry handguns shall be either qualified or
unlimited, and are valid for:
(1) four (4) years from the date of issue in the case of a four (4)
year license; or
(2) the life of the individual receiving the license in the case of
a lifetime license.
A qualified license shall be issued for hunting and target practice.
The superintendent may adopt rules imposing limitations on the use
and carrying of handguns under a license when handguns are carried
by a licensee as a condition of employment. Unlimited licenses shall
be issued for the purpose of the protection of life and property.
(b) In addition to the application fee, the fee for:
(1) a qualified license shall be:
(A) five dollars ($5) for a four (4) year qualified license;
(B) twenty-five dollars ($25) for a lifetime qualified license
from a person who does not currently possess a valid Indiana
handgun license; or
(C) twenty dollars ($20) for a lifetime qualified license from
a person who currently possesses a valid Indiana handgun
license; and
(2) an unlimited license shall be:
(A) thirty dollars ($30) for a four (4) year unlimited license;
(B) seventy-five dollars ($75) for a lifetime unlimited license
from a person who does not currently possess a valid Indiana
handgun license; or
(C) sixty dollars ($60) for a lifetime unlimited license from
a person who currently possesses a valid Indiana handgun
license.
The superintendent shall charge a twenty dollar ($20) fee for the
issuance of a duplicate license to replace a lost or damaged license.
These fees shall be deposited in accordance with subsection (e).
(c) Licensed dealers are exempt from the payment of fees
specified in subsection (b) for a qualified license or an unlimited
license.
(d) The following officers of this state or the United States who
have been honorably retired by a lawfully created pension board or
its equivalent after at least twenty (20) years of service or because of
a disability are exempt from the payment of fees specified in
subsection (b):
(1) Police officers.
(2) Sheriffs or their deputies.
(3) Law enforcement officers.
(4) Correctional officers.
(e) Fees collected under this section shall be deposited in the state
general fund.
(f) The superintendent may not issue a lifetime qualified license
or a lifetime unlimited license to a person who is a resident of
another state. The superintendent may issue a four (4) year qualified
license or a four (4) year unlimited license to a person who is a
resident of another state and who has a regular place of business or
employment in Indiana as described in section 3(a)(3) of this chapter.
IC 35-47-2-5
Suspension or revocation of license; failure to return license; rules
concerning procedure for suspending or revoking license
Sec. 5. (a) The superintendent may suspend or revoke any license
issued under this chapter if he has reasonable grounds to believe that
the person's license should be suspended or revoked.
(b) Documented evidence that a person is not a "proper person"
to be licensed as defined by IC 35-47-1-7, or is prohibited under
section 3(g)(5) of this chapter from being issued a license, shall be
grounds for immediate suspension or revocation of a license
previously issued under this chapter. However, if a license is
suspended or revoked based solely on an arrest under section 3(g)(5)
of this chapter, the license shall be reinstated upon the acquittal of
the defendant in that case or upon the dismissal of the charges for the
specific offense.
(c) A person who fails to promptly return his license after written
notice of suspension or revocation commits a Class A misdemeanor.
The observation of a handgun license in the possession of a person
whose license has been suspended or revoked constitutes a sufficient
basis for the arrest of that person for violation of this subsection.
(d) The superintendent shall establish rules under IC 4-22-2
concerning the procedure for suspending or revoking a person's
license.
As added by P.L.311-1983, SEC.32. Amended by P.L.140-1994,
SEC.7; P.L.2-1996, SEC.285; P.L.120-2001, SEC.2; P.L.1-2006,
SEC.535.
IC 35-47-2-6
Granting or rejecting initial application; renewals
Sec. 6. (a) Every initial application for any license under this
chapter shall be granted or rejected within sixty (60) days after the
application is filed.
(b) The period during which an application for the renewal of an
existing license may be filed begins three hundred sixty-five (365)
days before the expiration of the existing license. If the application
for renewal of an existing license is filed within thirty (30) days of
its expiration, the existing license is automatically extended until the
application for renewal is passed upon.
As added by P.L.311-1983, SEC.32. Amended by P.L.190-2006,
SEC.4; P.L.47-2010, SEC.2.
IC 35-47-2-7
Prohibited sales or transfers of ownership
Sec. 7. (a) 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, a
person may not sell, give, or in any other manner transfer the
ownership or possession of a handgun or assault weapon (as defined
in IC 35-50-2-11) to any person under eighteen (18) years of age.
(b) It is unlawful for a person to sell, give, or in any manner
transfer the ownership or possession of a handgun to another person
who the person has reasonable cause to believe:
(1) has been:
(A) convicted of a felony; or
(B) adjudicated a delinquent child for an act that would be
a felony if committed by an adult, if the person seeking to
obtain ownership or possession of the handgun is less than
twenty-three (23) years of age;
(2) is a drug abuser;
(3) is an alcohol abuser; or
(4) is mentally incompetent.
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.
IC 35-47-2-8
Regulation of sale of handguns imposed by this chapter;
application
Sec. 8. The regulation of the sale of handguns imposed by this
chapter shall apply equally to an occasional sale, trade, or transfer
between individual persons and to retail transactions between dealers
and individual persons.
As added by P.L.311-1983, SEC.32. Amended by P.L.17-1997,
SEC.6.
IC 35-47-2-9
Repealed
(Repealed by P.L.17-1997, SEC.9.)
IC 35-47-2-10
Repealed
(Repealed by P.L.17-1997, SEC.9.)
IC 35-47-2-11
Repealed
(Repealed by P.L.17-1997, SEC.9.)
IC 35-47-2-12
Repealed
(Repealed by P.L.17-1997, SEC.9.)
IC 35-47-2-13
Repealed
(Repealed by P.L.17-1997, SEC.10.)
IC 35-47-2-14
Necessity of retail handgun dealer's license; display
Sec. 14. A retail dealer who:
(1) sells;
(2) trades;
(3) transfers;
(4) exposes for sale, trade, or transfer; or
(5) possesses with intent to sell, trade, or transfer;
any handgun without being licensed under sections 15 and 16 of this
chapter and without displaying his license at all times commits a
Class B misdemeanor.
As added by P.L.311-1983, SEC.32.
IC 35-47-2-15
Retail handgun dealer's license; application procedure
Sec. 15. (a) A person desiring a retail handgun dealer's license
shall apply to the sheriff of the county in which the person resides,
or if the person is a resident of another state and has a regular place
of business in Indiana, then to the sheriff of the county in which the
person has a regular place of business. The applicant shall state the
applicant's name, full address, occupation, sex, race, age, place of
birth, date of birth, nationality, height, weight, build, color of eyes,
color of hair, complexion, scars and marks, and any criminal record
(minor traffic offenses excepted). The officer to whom the
application is made shall verify the application and search the
officer's records concerning the applicant's character and reputation.
(b) The officer to whom the application is made shall send to the
superintendent:
(1) the verified application;
(2) the results of the officer's investigation; and
(3) the officer's recommendation for approval or disapproval of
the application;
in as many copies as the superintendent shall designate, and one (1)
set of legible and classifiable fingerprints of the applicant. The
superintendent may make whatever further investigation the
superintendent deems necessary. Whenever disapproval is
recommended by the officer to whom the application was made, the
officer shall provide the superintendent and the applicant with the
officer's complete reasons for the disapproval in writing. If the
officer to whom the application is made recommends approval, the
officer shall instruct the applicant in the proper method of taking
legible and classifiable fingerprints.
(c) If an applicant applies for a license under this section before
July 1, 2011, and it appears to the superintendent that the applicant
is of good character and reputation and a proper person to be
licensed, the superintendent shall issue to the applicant a retail
handgun dealer's license which shall be valid for a period of two (2)
years from the date of issue. The fee for the license shall be twenty
dollars ($20), which shall be deposited with the officer to whom the
application is made, who shall in turn forward it to the
superintendent for deposit with the treasurer of state when the
application is approved by the superintendent.
IC 35-47-2-16
Retail handgun dealer's license; restrictions; display; prohibited
sales; gun show
Sec. 16. (a) A retail dealer's business shall be carried on only in
the site designated in the license. A separate license shall be required
for each separate retail outlet. Whenever a licensed dealer moves his
place of business, he shall promptly notify the superintendent, who
shall at once issue an amended license certificate valid for the
balance of the license period. This subsection does not apply to sales
at wholesale.
(b) The license, certified by the issuing authority, shall be
displayed on the business premises in a prominent place where it can
be seen easily by prospective customers.
(c) No handgun shall be sold:
(1) in violation of any provision of this chapter; or
(2) under any circumstances unless the purchaser is personally
known to the seller or presents clear evidence of his identity.
IC 35-47-2-17
Firearms and handguns; giving false information or offering false
evidence of identity
Sec. 17. No person, in purchasing or otherwise securing delivery
of a firearm or in applying for a license to carry a handgun, shall
knowingly or intentionally:
(1) give false information on a form required to:
(A) purchase or secure delivery of a firearm; or
(B) apply for a license to carry a handgun; or
(2) offer false evidence of identity.
In addition to any penalty provided by this chapter, any firearm
obtained through false information shall be subject to confiscation
and disposition as provided in this chapter. Upon notice of a
violation of this section by the superintendent, it shall be the duty of
the sheriff or chief of police or corresponding officer of the
jurisdiction in which the purchaser resides to confiscate the firearm
and retain it as evidence pending trial for the offense.
As added by P.L.311-1983, SEC.32. Amended by P.L.60-2011,
SEC.1.
IC 35-47-2-18
Obliterating identification marks on handgun or possession of such
handguns prohibited
Sec. 18. No person shall:
(1) change, alter, remove, or obliterate the name of the maker,
model, manufacturer's serial number, or other mark of
identification on any handgun; or
(2) possess any handgun on which the name of the maker,
model, manufacturer's serial number, or other mark of
identification has been changed, altered, removed, or
obliterated;
except as provided by applicable United States statute.
As added by P.L.311-1983, SEC.32.
IC 35-47-2-19
Application of chapter
Sec. 19. This chapter does not apply to any firearm not designed
to use fixed cartridges or fixed ammunition, or any firearm made
before January 1, 1899.
As added by P.L.311-1983, SEC.32.
IC 35-47-2-20
Removal of disability under this chapter
Sec. 20. (a) A full pardon from the governor of Indiana for:
IC 35-47-2-21
Recognition of retail dealers' licenses and licenses to carry
handguns issued by other states
Sec. 21. (a) Retail dealers' licenses issued by other states or
foreign countries will not be recognized in Indiana except for sales
at wholesale.
(b) Licenses to carry handguns, issued by other states or foreign
countries, will be recognized according to the terms thereof but only
while the holders are not residents of Indiana.
As added by P.L.311-1983, SEC.32.
IC 35-47-2-22
Use of unlawful handgun-carrying license to obtain handgun
prohibited
Sec. 22. It is unlawful for any person to use, or to attempt to use,
a false, counterfeit, spurious, or altered handgun-carrying license to
obtain a handgun contrary to the provisions of this chapter.
As added by P.L.311-1983, SEC.32.
IC 35-47-2-23
Violations; classes of misdemeanors and felonies
Sec. 23. (a) A person who violates section 3, 4, 5, 14, 15, or 16 of
this chapter commits a Class B misdemeanor.
(b) A person who violates section 7, 17, or 18 of this chapter
commits a Class C felony.
(c) A person who violates section 1 of this chapter commits a
Class A misdemeanor. However, the offense is a Class C felony:
(1) if the offense is committed:
(A) on or in school property;
(B) within one thousand (1,000) feet of school property; or
(C) on a school bus; or
(2) if the person:
(A) has a prior conviction of any offense under:
(i) this subsection; or
IC 35-47-2-24
Indictment or information; defendant's burden to prove exemption
or license; arrest, effect of production of valid license, or
establishment of exemption
Sec. 24. (a) In an information or indictment brought for the
enforcement of any provision of this chapter, it is not necessary to
negate any exemption specified under this chapter, or to allege the
absence of a license required under this chapter. The burden of proof
is on the defendant to prove that he is exempt under section 2 of this
chapter, or that he has a license as required under this chapter.
(b) Whenever a person who has been arrested or charged with a
violation of section 1 of this chapter presents a valid license to the
prosecuting attorney or establishes that he is exempt under section 2
of this chapter, any prosecution for a violation of section 1 of this
chapter shall be dismissed immediately, and all records of an arrest
or proceedings following arrest shall be destroyed immediately.
As added by P.L.311-1983, SEC.32.