CHAPTER 4. MISCELLANEOUS PROVISIONS
IC 35-47-4
Chapter 4. Miscellaneous Provisions
IC 35-47-4-1
Delivery of deadly weapon to intoxicated person
Sec. 1. A person who sells, barters, gives, or delivers any deadly
weapon to any person at the time in a state of intoxication, knowing
him to be in a state of intoxication, or to any person who is in the
habit of becoming intoxicated, and knowing him to be a person who
is in the habit of becoming intoxicated, commits a Class B
misdemeanor.
As added by P.L.311-1983, SEC.32.
IC 35-47-4-2
Loans secured by handguns
Sec. 2. A person who makes a loan secured by a:
(1) mortgage;
(2) deposit; or
(3) pledge;
of a handgun commits a Class B misdemeanor.
As added by P.L.311-1983, SEC.32.
IC 35-47-4-3
Pointing firearm at another person
Sec. 3. (a) This section does not apply to a law enforcement
officer who is acting within the scope of the law enforcement
officer's official duties or to a person who is justified in using
reasonable force against another person under:
(1) IC 35-41-3-2; or
(2) IC 35-41-3-3.
(b) A person who knowingly or intentionally points a firearm at
another person commits a Class D felony. However, the offense is a
Class A misdemeanor if the firearm was not loaded.
As added by P.L.296-1995, SEC.2.
IC 35-47-4-4
Repealed
(Repealed by P.L.247-1999, SEC.2.)
IC 35-47-4-5
Unlawful possession of firearm by serious violent felon
Sec. 5. (a) As used in this section, "serious violent felon" means
a person who has been convicted of:
(1) committing a serious violent felony in:
(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime
for which the conviction was entered are substantially
similar to the elements of a serious violent felony; or
(2) attempting to commit or conspiring to commit a serious
violent felony in:
(A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2;
or
(B) any other jurisdiction in which the elements of the crime
for which the conviction was entered are substantially
similar to the elements of attempting to commit or
conspiring to commit a serious violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (IC 35-42-1-1);
(2) voluntary manslaughter (IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle (IC
35-42-1-5);
(4) battery as a:
(A) Class A felony (IC 35-42-2-1(a)(5));
(B) Class B felony (IC 35-42-2-1(a)(4)); or
(C) Class C felony (IC 35-42-2-1(a)(3));
(5) aggravated battery (IC 35-42-2-1.5);
(6) kidnapping (IC 35-42-3-2);
(7) criminal confinement (IC 35-42-3-3);
(8) rape (IC 35-42-4-1);
(9) criminal deviate conduct (IC 35-42-4-2);
(10) child molesting (IC 35-42-4-3);
(11) sexual battery as a Class C felony (IC 35-42-4-8);
(12) robbery (IC 35-42-5-1);
(13) carjacking (IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony (IC
35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony (IC
35-43-2-1);
(16) assisting a criminal as a Class C felony (IC 35-44-3-2);
(17) resisting law enforcement as a Class B felony or Class C
felony (IC 35-44-3-3);
(18) escape as a Class B felony or Class C felony (IC
35-44-3-5);
(19) trafficking with an inmate as a Class C felony (IC
35-44-3-9);
(20) criminal gang intimidation (IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony (IC
35-45-10-5);
(22) incest (IC 35-46-1-3);
(23) dealing in or manufacturing cocaine or a narcotic drug (IC
35-48-4-1);
(24) dealing in methamphetamine (IC 35-48-4-1.1);
(25) dealing in a schedule I, II, or III controlled substance (IC
35-48-4-2);
(26) dealing in a schedule IV controlled substance (IC
35-48-4-3); or
(27) dealing in a schedule V controlled substance (IC
35-48-4-4).
(c) A serious violent felon who knowingly or intentionally
possesses a firearm commits unlawful possession of a firearm by a
serious violent felon, a Class B felony.
As added by P.L.247-1999, SEC.1. Amended by P.L.14-2000,
SEC.76; P.L.17-2001, SEC.17; P.L.222-2001, SEC.5; P.L.151-2006,
SEC.21.
IC 35-47-4-6
Unlawful possession of a firearm by a domestic batterer
Sec. 6. (a) A person who has been convicted of domestic battery
under IC 35-42-2-1.3 and who knowingly or intentionally possesses
a firearm commits unlawful possession of a firearm by a domestic
batterer, a Class A misdemeanor.
(b) It is a defense to a prosecution under this section that the
person's right to possess a firearm has been restored under
IC 35-47-4-7.
As added by P.L.195-2003, SEC.7. Amended by P.L.98-2004,
SEC.156; P.L.118-2007, SEC.36.
IC 35-47-4-7
Persons prohibited from possessing a firearm; restoration of right
to possess a firearm
Sec. 7. (a) Notwithstanding IC 35-47-2, IC 35-47-2.5, the
restoration of the right to serve on a jury under IC 33-28-5-18, or the
restoration of the right to vote under IC 3-7-13-5, and except as
provided in subsections (b), (c), and (f), a person who has been
convicted of a crime of domestic violence may not possess a firearm
after the person's release from imprisonment or lawful detention.
(b) Not earlier than five (5) years after the date of conviction, a
person who has been convicted of a crime of domestic violence may
petition the court for restoration of the person's right to possess a
firearm. In determining whether to restore the person's right to
possess a firearm, the court shall consider the following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from
possessing a firearm.
(2) Whether the person has successfully completed a substance
abuse program, if applicable.
(3) Whether the person has successfully completed a parenting
class, if applicable.
(4) Whether the person still presents a threat to the victim of the
crime.
(5) Whether there is any other reason why the person should not
possess a firearm, including whether the person failed to satisfy
a specified condition under subsection (c) or whether the person
has committed a subsequent offense.
(c) The court may condition the restoration of a person's right to
possess a firearm upon the person's satisfaction of specified
conditions.
(d) If the court denies a petition for restoration of the right to
possess a firearm, the person may not file a second or subsequent
petition until one (1) year has elapsed after the filing of the most
recent petition.
(e) A person has not been convicted of a crime of domestic
violence for purposes of subsection (a) if the conviction has been
expunged or if the person has been pardoned.
(f) The right to possess a firearm shall be restored to a person
whose conviction is reversed on appeal or on postconviction review
at the earlier of the following:
(1) At the time the prosecuting attorney states on the record that
the charges that gave rise to the conviction will not be refiled.
(2) Ninety (90) days after the final disposition of the appeal or
the postconviction proceeding.
As added by P.L.118-2007, SEC.37.