Indiana State Law Summary

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Regulation of Unreasonably Dangerous Ammunition

Indiana prohibits any person from knowingly or intentionally manufacturing, possessing, transferring or offering to transfer any armor-piercing handgun ammunition. Ind. Code Ann. § 35-47-5-11(b). “Armor-piercing handgun ammunition” is defined as a cartridge that can be fired in a handgun and, upon firing, expels a metal core that has an outer coating of plastic. Section 35-47-5-11(b).

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearm purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. NICS is used for purchases of handguns and long guns, and for persons who redeem a pawned firearm. 18 U.S.C. § 922(t). Under the Brady Act, states have the option of serving as a state “point of contact” and conducting their own background checks using NICS and state records and databases, or having the checks performed by the FBI using only NICS. The Brady Act does not apply to unlicensed, or private, sellers (persons other than firearms dealers).

Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes. For a complete list of federally prohibited purchasers, see LCAV’s Federal Background Checks and Prohibited Purchasers summary. For a complete list of state prohibited purchaser and possessor categories, see the Indiana Prohibited Persons section.

Firearm transfers by private sellers (non-firearms dealers) are not subject to background checks in Indiana, although federal and state purchaser prohibitions still apply. See the Indiana Private/Secondary Sales section.

For information about the reporting of mental health information for use in firearm purchaser background checks, see the Indiana Mental Health Reporting section.

No relevant statutes currently exist.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Possession Restrictions

Indiana prohibits any person from carrying a handgun in any vehicle or on or about the body, except in the person's dwelling or on the person's property or fixed place of business, without possessing a license to carry a handgun. Ind. Code Ann. §§ 35-47-2-1(a) and 35-47-2-23. The state imposes a Class A misdemeanor for a violation of this provision, but the offense becomes a Class C felony if: 1) committed within 1,000 feet of school property or on a school bus; 2) the person has certain prior handgun-related convictions; or 3) the person has been convicted of a felony within 15 years of the offense. Id. See also section 35-47-9-2. See below under "Concealed Weapons Licensing Requirements" for details regarding licenses to carry handguns.

The prohibition under section 35-47-2-1 does not apply to, inter alia, law enforcement officers, on-duty military personnel, or any person carrying a handgun unloaded and in a secure wrapper from the place of purchase to his or her dwelling or fixed place of business, to a place of repair and back to his or her dwelling or fixed place of business, or when moving from one dwelling or business to another. Section 35-47-2-2.

For other location limits applicable to both open and concealed carrying of firearms, see “Location Limits” under the Concealed Weapons Licensing Requirements subsection, below.

Transportation of Firearms

Ind. Code Ann. § 14-16-1-23(a)(9) generally prohibits operating a “vehicle” (defined as an off-road vehicle or snowmobile by section 14-16-1-7) while transporting a firearm on or in the vehicle, unless the firearm is unloaded, and securely encased or equipped with and made inoperative by a “manufactured keylocked trigger housing mechanism.” This restriction does not apply to any person issued an “unlimited” handgun license. Section 14-16-1-23(b).

See the Possession Restrictions subsection (above) and the Location Limits subsection (below) for regulations relating to the transportation of firearms.

Concealed Weapons Licensing Requirements

Indiana is a "shall issue" state, meaning that local law enforcement must issue a license to carry a handgun if the applicant meets certain qualifications. The Superintendent of the Indiana State Police ("Superintendent" and "ISP") shall issue a license to carry a handgun if it appears that the applicant:

• Has a proper reason for carrying a handgun (i.e., "for the defense of oneself or the state of Indiana;" see Ind. Code Ann. § 35-47-1-8; 240 Ind. Admin. Code 3-1-1; Schubert v. DeBard, 398 N.E.2d 1339, 1341 (Ind. Ct. App. 1980));

• Is of good character and reputation;

• Is a citizen of the United States, or not a citizen of the United States but allowed to carry a firearm under federal law; and

• Is a "proper person" to be licensed.

Ind. Code Ann. § 35-47-2-3(e).

Section 35-47-1-7 defines a "proper person" as someone who:

• Does not have a conviction for resisting law enforcement (see § 35-44-3-3) within five years of his or her application;

• Does not have a conviction for a crime for which he or she could have been sentenced for more than one year;

• Does not have a conviction for a crime of domestic violence (as defined in § 35-41-1-6.3), unless a court has restored that person’s "right to possess a firearm" under section 35-47-4-7;

• Is not prohibited by a court order from possessing a handgun;

• Does not have a record of being an alcohol or drug abuser as defined in Chapter 35-47-1;

• Does not have documented evidence which would give rise to a reasonable belief that he or she has a propensity for violent or emotionally unstable conduct;

• Does not make a false statement of material fact on his or her application;

• Does not have a conviction for any crime involving an inability to safely handle a handgun;

• Does not have a conviction for violation of the provisions of Title 35, Article 47 within five years of his or her application; and

• 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 is less than 23 years of age.

Furthermore, a person is not a "proper person" if he or she:

• Has a history of minor criminal activity which would give rise to a reasonable belief that he or she has a propensity for violent or emotionally unstable conduct;

• Is found, upon a standard of reasonable belief, not to be emotionally stable; or

• Makes a false statement of material fact on his or her application.

240 Ind. Admin. Code 3-1-1.

In addition, Indiana Code Annotated § 35-47-2-3(g) states that a license to carry a handgun will not be issued to any person who:

• Has been convicted of a felony;

• Is under 18 years of age;

• Is under 23 years of age if the person has been adjudicated a delinquent child for an act that would be a felony if committed by an adult; or

• Has been arrested for a Class A or Class B felony, or any other felony that was committed while armed with a deadly weapon or that involved the use of violence, if a court has found probable cause to believe that the person committed the offense charged (a license may be issued, however, to a person acquitted of the specific offense charged or if the charges are dismissed).

Under 240 Ind. Admin. Code 3-4-1(1), an applicant does not need to list traffic arrests or traffic convictions on his or her application, except:

• Driving under the influence of alcohol, drugs, or narcotics;

• Reckless driving;

• Fleeing a police officer; and

• Any charges related to injury or death.

Licenses to carry handguns are either "qualified" or "unlimited." Ind. Code Ann. § 35-47-2-4(a). A qualified license will be issued for hunting and target practice only. Id. An unlimited license shall be issued for the purpose of the protection of life and property. Id.

The process for obtaining a license to carry a handgun is detailed in sections 35-47-2-3 through 35-47-2-6 of the Indiana Code and 240 Ind. Admin. Code 3-1-1.

Indiana Code Annotated § 35-47-2-4(b) requires payment of the following fees for a license to carry a handgun:

• A $5 fee for a qualified four-year license, a $30 fee for an unlimited four-year license;

• For persons who currently possess a valid Indiana handgun license, a $20 fee for a lifetime qualified license, and a $60 fee for a lifetime unlimited license; and

• For persons who do not currently possess a valid Indiana handgun license, a $25 fee for a lifetime qualified license, and a $75 fee for a lifetime unlimited license.

In addition, Indiana Code Ann. § 35-47-2-3(b)(1) provides that the following fees must accompany an application for a license to carry a handgun:

• For a four-year license, a $10 fee, $5 of which is refunded if the license is not issued;

• For a lifetime license for someone who currently possesses a valid Indiana handgun license, a $40 fee, $30 of which is refunded if the license is not issued; and

• For a lifetime license for someone who does not currently possess a valid Indiana handgun license, a $50 fee, $30 of which is refunded if the license is not issued.

Under section 35-47-2-3(f), the Superintendent must include information concerning handgun safety rules with every issued license, that:

• Neither opposes nor supports an individual’s right to bear arms;

• Is recommended by a nonprofit educational organization that is dedicated to providing education on safe handling and use of firearms;

• Is prepared by the ISP; and

• Is approved by the Superintendent.

Section 35-47-2-5(b) provides that handgun license holders will have their licenses immediately suspended or revoked by the Superintendent based on documented evidence that a person is not a "proper person" to be licensed (see § 35-47-1-7) or is generally prohibited from being issued a license under section 35-47-2-3(g)(5). 240 Ind. Admin. Code 3-2-1 and 3-3-1 describe the procedures for suspension and revocation of a handgun license.

                    Disclosure or Use of Information

Under Indiana Code Annotated § 10-13-3-31(a), "a criminal justice agency that maintains criminal history data, upon request and proper identification of the person about whom criminal history data is maintained, shall provide that person with a copy of the person’s criminal history data for a reasonable fee." Any person may challenge the information contained in his or her criminal history data file. Section 10-13-3-31(b).

                    Duration & Renewal

A license to carry a handgun is valid for a period of four years from the date of issue in the case of a “four (4) year license,” but for the lifetime of the individual in the case of a “lifetime license.” Sections 35-47-2-3(e) and 35-47-2-4(a). The licenses 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 20 or more years of service are lifetime licenses. Section 35-47-2-3(e). However, lifetime licenses are automatically revoked if the license holder does not remain a “proper person” to carry a handgun. Id.

                    Location Limits

Persons with a license to carry a handgun cannot possess a handgun:

• In a commercial or charter aircraft (Ind. Code Ann. § 35-47-6-1);

• In an area of an airport where access is controlled by the inspection of persons and property (§ 35-47-6-1.3);

• In or on school property (including private schools and preschools; see section 35-41-1-24.7) (§ 35-47-9-2);

• In or on property that is being used by a school for a school function or on a school bus (§ 35-47-9-2);

• On board a riverboat gambling operation (see 68 Ind. Admin. Code 1-7-1);

• On the fairgrounds during the annual state fair (80 Ind. Admin. Code 4-4-4(b); any person properly licensed to carry a firearm must secure the firearm in a locked compartment of his or her vehicle, where it will not be visible, per 80 Ind. Admin. Code 4-4-4(d)); or

• In or on port areas or port property (see 130 Ind. Admin. Code 4-1-7 and 4-1-8(2)).

Licensees also cannot carry in children’s homes and child caring institutions run or overseen by Child Welfare Services. See 465 Ind. Admin. Code 2-9-80(b)(3); 465 Ind. Admin. Code 2-10-79(b)(3); 465 Ind. Admin. Code 2-11-80(b)(3); 465 Ind. Admin. Code 2-12-78(b)(3); 465 Ind. Admin. Code 2-13-77(b)(3). In addition, child care centers must prominently post in places regularly viewed by parents prohibitions against the use or possession of firearms, unless such possession is required as a condition of employment. 470 Ind. Admin Code 3-4.7-19(a)(5)(C).

Concealed handgun license holders may be subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms subsections above for further information.

                    Reciprocity

Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms in the license and of the issuing state or country, but only while the holders are not residents of Indiana. Ind. Code Ann. § 35-47-2-21(b).

Also, if the applicant is a resident of another state and has a regular place of business or employment in Indiana, he or she must apply for an Indiana license to carry a handgun to the sheriff of the county in which the applicant has a regular place of business or employment.  Section 35-47-2-3(a)(3).

                   Brady Exemption

Concealed weapons license holders in Indiana are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF’s exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

Although Indiana Code Annotated § 35-47-2.5-1 specifically excludes Indiana residents licensed to carry handguns from the handgun sales requirements of Chapter 35-47-2.5, the Indiana State Police have stated that this statute became inoperative on October 1, 2003, when Indiana licenses to carry a handgun ceased being an alternative to background checks under the federal Brady Act.

Indiana provides that a child’s parent or legal guardian who knowingly, intentionally, or recklessly permits the child (defined as a person under age 18; see Ind. Code Ann. § 35-47-10-3) to possess a firearm, either:

• While aware of a substantial risk that the child will use the firearm to commit a felony; and

• While failing to make reasonable efforts to prevent the use of a firearm by the child to commit a felony; or

• When the child has been convicted of a crime of violence or has been adjudicated as a juvenile for an offense that would constitute a crime of violence if the child were an adult;

commits dangerous control of a child, a Class C felony. Section 35-47-10-7.

The offense is a Class B felony if the child’s parent or legal guardian has a prior conviction under this section. Id.

In addition, an adult who knowingly, intentionally, or recklessly provides a firearm to a child for any purpose other than those described in section 35-47-10-1 (exceptions to the child possession and transfer restrictions) commits "dangerous control of a firearm," a Class C felony. Section 35-47-10-6. The offense rises to a Class B felony if the adult has a prior conviction under this section. Id.

A child who knowingly, intentionally, or recklessly provides a firearm to another child with or without remuneration for any purpose other than those described in section 35-47-10-1, with or without remuneration, commits "dangerous possession of a firearm," a Class A misdemeanor. Section 35-47-10-5(2). The offense rises to a Class C felony if the child has a prior conviction under this section. Id.

Firearms in youth camps must be locked in cabinets or buildings. 410 Ind. Admin. Code 6-7.2-21(g). Caregivers in child care homes must keep all ammunition and firearms in a locked area inaccessible to children whenever children are present. 470 Ind. Admin. Code 3-1.1-48(e). Providers at certain child care facilities must ensure that firearms and ammunition are secured in a locked area, by key or combination, where children cannot gain access. 470 Ind. Admin. Code 3-18-10(a).

See also Estate of Heck v. Stoffer, 786 N.E.2d 265, 270 (Ind. 2003), where the Supreme Court of Indiana found that state public policy supports a duty to "store and keep guns safely." Based upon the significant number of gun-related crimes, the ease of securing a firearm in the home, and the Legislature’s adoption of a "significant number of statutes govern[ing] the sale, use and possession of firearms," the court found that "public policy favors the safe storage of firearms." Id.

Indiana Code Annotated § 35-47-2-14 requires that any person who sells, trades, transfers, exposes for sale, trade or transfer, or possesses with intent to sell, trade or transfer any handgun must possess, and display at all times, a retail handgun dealer’s license per sections 35-47-2-15 and 35-47-2-16. Violators are criminally liable for a Class B misdemeanor. Section 35-47-2-14. Individuals seeking such a dealer’s license must apply for the license under the provisions of section 35-47-2-15(a), (b).

Under section 35-47-2-15(c), no retail dealer’s license will be issued to any person who has been:

• Convicted of a felony in any state or country; or

• Adjudicated a delinquent child for an act that would be a felony if committed by an adult in any state or country, if the person applying for the retail dealer’s license is less than 23 years of age.

Dealer licenses are valid for two years from the date of issue.  Section 35-47-2-15(b). 

A retail dealer’s business shall be carried on only at the site designated in the license, and a separate license shall be required for each separate retail outlet. Section 35-47-2-16(a). The license itself must be displayed on the business premises in a prominent place where it can be seen easily by prospective customers. Section 35-47-2-16(b). In addition, no handgun shall be sold in violation of any provision of Chapter 35-47-2, or under any circumstances unless the purchaser is personally known to the seller or presents clear evidence of his or her identity. Section 35-47-2-16(c).

Penalties for violations of Chapter 35-47-2 are listed under section 35-47-2-23.

Under section 35-47-2.5-4(a), a dealer may not sell, rent, trade, or transfer from the dealer’s inventory a handgun to a person not licensed to carry a handgun under section 35-47-2-3 until the dealer has:

• Obtained the completed and signed Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473, as specified in section 35-47-2.5-3;

• Contacted the National Instant Criminal Background Check System (“NICS”) by telephone or electronic means to request a background check; and

• Received authorization from NICS to transfer the handgun to the prospective purchaser.

The dealer must record the NICS transaction number on the Form 4473 and retain that form for auditing purposes. Section 35-47-2.5-4(b).

Any dealer who knowingly or intentionally sells, rents, trades, or transfers a handgun in violation of Chapter 35-47-2.5 is criminally liable for a Class A misdemeanor. Section 35-47-2.5-13.

For laws applicable to both licensed and private firearm sellers, please see the Indiana Private/Secondary Sales section.

Number of Federally Licensed Firearms Dealers

There are 1,235 federally licensed firearms dealers and pawnbrokers in Indiana. Federal firearms licensee totals for Indiana as of November 24, 2008 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

For laws applicable to both licensed and private firearm sellers, please see the Indiana Private/Secondary Sales section.

A person subject to an order for protection for domestic or family violence may be prohibited by a court from using or possessing a firearm or ammunition. Ind. Code Ann. § 34-26-5-9(c)(4), (f). The order may direct the subject person to surrender to law enforcement the firearm and ammunition for the duration of the order. Id. See the Indiana Domestic Violence and Firearms section for further information.

Under Indiana law, a circuit or superior court may issue a warrant to search for and seize a firearm in the possession of a “dangerous individual” if:

• A law enforcement officer provides the court a sworn affidavit describing the facts that have led the officer to believe the individual is dangerous and in possession of a firearm. The affidavit must also describe the officer’s interactions and conversations with:

  • The individual who is alleged to be dangerous; or

  • Another individual, if the law enforcement officer believes that information obtained from this individual is credible and reliable;

• The affidavit specifically describes the location of the firearm; and

• The circuit or superior court determines that probable cause exists to believe that the individual is dangerous and in possession of a firearm.

Section 35-47-14-2.

For the purposes of this provision, the term “dangerous individual” is defined to include a person who:

• Presents an imminent risk of personal injury to himself, herself or another person; or

• Presents a risk of personal injury to himself, herself or another person in the future and he or she:

  • Has a mental illness that may be controlled by medication, and has not demonstrated a pattern of voluntarily and consistently taking the individual’s medication while not under supervision; or

  • Is the subject of documented evidence that would give rise to a reasonable belief that he or she has a propensity for violent or emotionally unstable conduct.

Section 35-47-14-1(a).

Law enforcement officers may seize firearms from any individual whom the law enforcement officer believes to be dangerous without obtaining a warrant. In such an instance, the officer must submit to the court having jurisdiction over the individual a written statement under oath or affirmation describing the basis for the officer’s belief that the individual is dangerous. Section 35-47-14-3(a).

If the court finds that probable cause exists to believe the individual is dangerous, the court shall order the law enforcement agency having custody of the firearm to retain the firearm. Section 35-47-14-3(b).

If the court finds that there is no such probable cause, the court shall order the law enforcement agency having custody of the firearm to return the firearm to the individual. Section 35-47-14-3(b).

If the firearm is retained, the court shall conduct a hearing to determine whether the seized firearm should be returned to the individual from whom the firearm was seized, or retained by the law enforcement agency having custody of the firearm. Section 35-47-14-5(a). If the court determines that the individual is dangerous, it may order that the law enforcement agency retain the firearm. Section 35-47-14-6(b). Furthermore, if the individual has a license to carry a handgun, the court shall suspend the individual’s license. Id. If the court determines that the state has failed to prove that the individual is dangerous, however, the court shall order that the law enforcement agency return the firearm to the individual from whom it was seized. Id.

If a court orders a law enforcement agency to retain individual’s firearm, the individual may petition the court for return of the firearm at least 180 days after the initial ruling. Section 35-47-14-8(a). The petitioner must prove by a preponderance of the evidence that the individual is not dangerous to obtain the firearm. Section 35-47-14-8(d)(2), (e). If the court denies return of the firearm, the petitioner must wait another 180 days before filing a subsequent petition. Section 35-47-14-8(f).

Firearm Prohibitions for Domestic Violence Misdemeanants

Persons convicted of domestic battery under Indiana Code Ann. § 35-42-2-1.3 may not possess or carry a firearm under any circumstances unless the person’s right to possess a firearm has been restored pursuant to section 35-47-4-7. Sections 35-47-2-1(b), 35-47-4-6.

Federal law prohibits the purchase and possession of firearms and ammunition by persons who have been convicted of a “misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Federal law defines a “misdemeanor crime of domestic violence” as an offense that is a federal, state or tribal law misdemeanor and has the use or attempted use of physical force or threatened use of a deadly weapon as an element, if the offender:

• Was a current or former spouse, parent, or guardian of the victim;

• Shares a child in common with the victim;

• Was a current or former cohabitant with the victim as a spouse, parent or guardian; or

• Was similarly situated to a spouse, parent or guardian of the victim.

18 U.S.C. § 921(a)(33).

Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders

Indiana permits victims of domestic or family violence to seek protective orders for themselves or a child. Ind. Code Ann. § 34-26-5-2. A person subject to an order for protection for domestic or family violence may be prohibited by a court from using or possessing a firearm or ammunition. Section 34-26-5-9(c)(4), (f). Furthermore, the order may direct the subject person to surrender to law enforcement the firearm and ammunition for the duration of the order. Id.

Federal law prohibits the purchase and possession of firearms and ammunition by a person subject to a protective order issued after notice to the abuser and a hearing, if the order protects an “intimate partner” of the abuser, or a child of the abuser or intimate partner. 18 U.S.C. § 922(g)(8). Federal law defines an “intimate partner” as a current or former spouse, a parent of a child in common with the abuser, or an individual with whom the abuser does or has cohabited. 18 U.S.C. § 921(a)(32).

Removal or Surrender of Firearms When Domestic Violence Restraining/Protective Orders Are Issued

Indiana authorizes, but does not require, courts to issue protective orders that specifically direct the abuser to surrender all firearms and ammunition in his or her possession. Ind. Code Ann. § 34-26-5-9(c)(4), (f). The order may direct the subject person to surrender to law enforcement the firearm and ammunition for the duration of the order. Id.

Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident

In Indiana, law enforcement is authorized, but not required, to remove firearms observed at the scene of a domestic or family violence incident. Law enforcement officers responding to the scene of an alleged crime involving domestic or family violence are authorized to confiscate and remove any firearms or ammunition from the scene, if the officer:

• Has probable cause to believe that a crime involving domestic or family violence has occurred;

• Observes the firearm or ammunition at the scene; and

• Has a reasonable belief that the firearm or ammunition: 1) exposes the victim to an immediate risk of serious bodily injury; or 2) was an instrumentality of the crime involving domestic or family violence.

Ind. Code Ann. § 35-33-1-1.5(b).

Any removed firearms or ammunition are to be safely stored by law enforcement pending proceedings related to the alleged act of domestic or family violence. Section 35-33-1-1.5(c).

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Indiana maintains a statewide network that includes automated protection order data. Domestic violence misdemeanor convictions may be found in state court records. Id.

For general information on the background check process and categories of prohibited purchasers or possessors, see the Indiana Background Checks and Indiana Prohibited Persons sections.

Under Indiana law, a retail dealer may display, sell, or transfer handguns at a gun show in accordance with Chapter 35-47-2 and federal law. Ind. Code Ann. § 35-47-2-16(d). Indiana uses the federal definition and corresponding regulations for gun shows, under 27 C.F.R. § 478.100.

See the Indiana Private/Secondary Sales section for state laws that may apply at gun shows.

Under Indiana Code Annotated § 34-12-3-3, a person may not bring an action against a firearms or ammunition manufacturer, trade association, or seller for:

• Recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing or sale of a firearm or ammunition; or

• Recovery of damages resulting from the criminal or unlawful misuse of a firearm or ammunition by a third party.

Furthermore, if a court finds that a party has brought an action under a theory of recovery described in section 34-12-3-3, the finding constitutes conclusive evidence that the action is groundless. Section 34-12-3-4. Upon this finding, a court shall dismiss the claims or action and award to the defendant any reasonable attorney’s fee and costs incurred in defending the claims or action. Id.

However, under section 34-12-3-5, any person may bring an action against a firearms or ammunition manufacturer, trade association, or seller for recovery of damages for:

• Breach of contract or warranty concerning firearms or ammunition purchased by a person;

• Damage or harm to a person or to property owned or leased by a person caused by a defective firearm or ammunition; or

• Injunctive relief to enforce a valid statute, rule, or ordinance. However, a person may not bring an action seeking injunctive relief if that action is barred under section 34-12-3-3.

In addition, section 34-30-20-1 provides that a person is immune from civil liability based on an act or omission related to the use of a firearm or ammunition by another person if the other person directly or indirectly obtained the firearm or ammunition through the commission of a burglary (§ 35-43-2-1), robbery (§ 35-42-5-1), theft (§ 35-43-4-2), receiving stolen property (§ 35-43-4-2), or criminal conversion (§ 35-43-4-3).

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist. For provisions related to the safe storage of firearms, see the Indiana Child Access Prevention section.

Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.” 18 U.S.C. § 922(d)(4). No federal law requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers.

Indiana Code Annotated § 35-47-2-7(b) prohibits any person from transferring a handgun to an individual who the transferor has reasonable cause to believe is mentally incompetent. There is no law in Indiana, however, requiring the reporting of mental health information to NICS.

For general information on the background check process and categories of prohibited purchasers or possessors, see the Indiana Background Checks and Indiana Prohibited Persons sections.

A license to carry a handgun shall not be issued to any person who is under age 18, or is under age 23 if the person has been adjudicated a delinquent child for an act that would be a felony if committed by an adult. Ind. Code Ann. § 35-47-2-3(g)(3), (4).

Pursuant to section 35-47-10-5, a child (defined as a person under age 18 by section 35-47-10-3) who knowingly, intentionally, or recklessly: 1) possesses a firearm for any purpose other than those described in section 35-47-10-1; or 2) sells or otherwise provides a firearm to another child for any purpose other than a purpose described in section 35-47-10-1 commits a Class A misdemeanor. The offense rises to a Class C felony if the child has a prior conviction under this section. Section 35-47-10-5.

Section 35-47-10-1 provides a list of exceptions to the child possession and transfer restrictions of section 35-47-10-5.

No relevant statutes currently exist.

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Indiana, although federal and state purchaser prohibitions still apply. Indiana Code Annotated § 35-47-2-8 specifically notes that the handgun sales regulations under Chapter 35-47-2 (i.e., the prohibited purchaser provisions) apply equally to an occasional sale, trade, or transfer between individual persons and to retail transactions between dealers and individual persons. See the Indiana Background Checks section.

Pursuant to section 35-47-2-7(a), a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon to any person under age 18, 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 section 35-47-10 (provisions relating to children and firearms).

Indiana prohibits any person from selling, giving, or in any manner transferring the ownership or possession of a handgun to another individual the transferor has reasonable cause to believe:

• Has been convicted of a felony or 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 23 years of age;


• Is a drug abuser;


• Is an alcohol abuser; or


• Is mentally incompetent.

Section 35-47-2-7(b).

Section 35-47-2.5-14(b) provides that a person is criminally liable for a Class D felony if he or she purchases a handgun with the intent to:

• Resell or otherwise transfer the handgun to another person who the transferor knows or has reason to believe is ineligible for any reason to purchase or otherwise receive a handgun; or

• Transport the handgun out of the state to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm.

If a violation of section 35-47-2.5-14 involves a transfer of more than one handgun, the offense rises to a Class C felony. Section 35-47-2.5-14(c).

Any person who sells, barters, gives, or delivers any deadly weapon to any person in a state of intoxication, knowing him or her to be in a state of intoxication, or to any person who is in the habit of becoming intoxicated, and knowing him or her to be a person who is in the habit of becoming intoxicated, commits a Class B misdemeanor. Section 35-47-4-1.

Although section 35-47-2.5-1 specifically excludes Indiana residents licensed to carry handguns from the handgun sales requirements of Chapter 35-47-2.5, the Indiana State Police have stated that this statute became inoperative on October 1, 2003, when Indiana licenses to carry a handgun ceased being an alternative to background checks under the federal Brady Act. See the Indiana Carrying Firearms section.

The Indiana Code does not address the private sale of rifles or shotguns.

Federal law defines a number of classes of prohibited purchasers or possessors, including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions, and leaves to the states the power to determine additional classes. For a complete list of federally prohibited purchasers, see LCAV’s Federal Background Checks and Prohibited Purchasers summary. For additional information on the background check process, see the Indiana Background Checks section.

In addition to the federal prohibitions, Indiana has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses.

Indiana Code Annotated § 35-47-2-7(b) prohibits any person from transferring a handgun to an individual who the transferor has reasonable cause to believe:

• Has been convicted of a felony or 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 23 years of age;


• Is a drug abuser;


• Is an alcohol abuser; or


• Is mentally incompetent.

A person may not sell, give, or otherwise transfer a handgun to any person under age 18. Section 35-47-2-7(a). In addition, a child (defined as a person under age 18 per section 35-47-10-3) who knowingly, intentionally, or recklessly possesses a firearm for any purpose other than those described in section 35-47-10-1 commits a Class A misdemeanor. Section 35-47-10-5.

In addition, any person convicted of domestic battery under section 35-42-2-1.3, or any person convicted of committing, attempting to commit, or conspiring to commit a serious violent felony, is prohibited from possessing a firearm. Sections 35-47-4-5, 35-47-4-6.

Indiana permits victims of domestic or family violence to seek protective orders for themselves or a child. Section 34-26-5-2. A person subject to an order for protection for domestic or family violence may be prohibited by a court from using or possessing a firearm or ammunition. Section 34-26-5-9(c)(4), (f). The order may direct the subject person to surrender to law enforcement the firearm and ammunition for the duration of the order. Id.

Handguns may be voluntarily registered with local law enforcement. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2005 (November 2006).

No relevant statutes currently exist.

No relevant statutes currently exist.