CRIMINAL LAWAND PROCEDURE
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required to:
(A) purchase or secure delivery of a
firearm; or
(B) apply for a license to carry a hand-
gun; or
(2) offer false evidence of identity.
In addition to any penalty provided by this chap-
ter, any firearm obtained through false informa-
tion shall be subject to confiscation and disposition
as provided in this chapter. Upon notice of a vio-
lation 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.
(b) A person who knowingly or intentionally
violates this section commits a Level 5 felony.
35-47-2-18. Obliterating identifying marks
on handgun.
(a) No person shall:
(1) change, alter, remove, or obliterate the
name of the maker, model, manufacturer’s
serial number, or other mark of identifi-
cation on any handgun; or
(2) possess any handgun on which the
name of the maker, model, manufacturer’s
serial number, or other mark of identifi-
cation has been changed, altered, removed,
or obliterated;
except as provided by applicable United States
statute.
(b) A person who knowingly or intentionally
violates this section commits a Level 5 felony.
35-47-2-19. Firearms excepted.
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.
35-47-2-20. Effect of full or conditional
pardon.
(a) Afull pardon from the governor of Indiana
for:
(1) A felony other than a felony that is
included in IC 35-42; or
(2) A violation of this chapter;
removes any disability under this chapter imposed
because of that offense, if fifteen (15) years have
elapsed between the time of the offense and the
application for a license under this chapter.
(b) A conditional pardon described in IC 11-
9-2-4 for:
(1) A felony; or
(2) A violation of this chapter;
removes a disability under this chapter if the
superintendent determines after an investigation
that circumstances have changed since the par-
doned conviction was entered to such an extent
that the pardoned person is likely to handle hand-
guns in compliance with the law.
35-47-2-21. Foreign licenses.
(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.
35-47-2-22. Use of false or altered handgun
license.
(a) It is unlawful for any person to use, to
attempt to use, a false, counterfeit, spurious, or
altered handgun-carrying license to obtain a hand-
gun contrary to the provisions of this chapter.
(b) A person who knowingly or intentionally
violates this section commits a Level 6 felony.
35-47-2-24. Burden of proof.
(a) In an information or indictment brought for
the enforcement of any provision of this chapter,
it is not necessary to negate any exemption spec-
ified under this chapter, or to allege the absence
of a license required under this chapter. The bur-
den 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 sec-
tion 2 of this chapter, any prosecution for a vio-
lation of section 1 of this chapter shall be dismissed
immediately, and all records of an arrest or pro-
ceedings following arrest shall be destroyed imme-
diately.
