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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).
(c) 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 other-
wise receive a handgun; or
(B) intends to use the handgun to com-
mit a crime;
commits 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).
(d) 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 (b)(1)
that:
(1) the accused person contacted NICS
(or had a dealer contact NICS on the per-
son’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 authori-
zation from NICS to sell, give, or in any
other manner transfer ownership or pos-
session of the handgun to the other person.
35-47-2-8. Persons to whom sale regulations
apply.
The regulation of the sale of handguns imposed
by this chapter shall apply equally to an occasional
sale, trade, or transfer between individual per-
sons and to retail transactions between dealers
and individual persons.
35-47-2-14. License requirements for retail
dealer.
Aretail dealer who knowingly or intentionally:
(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
the retail dealer’s license at all times commits a
Class B misdemeanor.
35-47-2-15. Issuance of retail dealer’s license.
(a) Aperson 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, com-
plexion, 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 con-
cerning 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 applica-
tion;
in as many copies as the superintendent shall des-
ignate, and one (1) set of legible and classifiable
fingerprints of the applicant. The superintendent
may make whatever further investigation the
superintendent deems necessary. Whenever dis-
approval is recommended by the officer to whom
the application is made, the officer shall provide
