CRIMINAL LAWAND PROCEDURE
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Chapter 2.5. Sale of Handguns.
35-47-2.5-1. Application; NICS participation.
35-47-2.5-2. “Dealer” defined.
35-47-2.5-2.5. “NICS” defined.
35-47-2.5-3. Criminal history information form.
35-47-2.5-4. Dealer’s duties.
35-47-2.5-5. Photographic identification; other docu-
mentation.
35-47-2.5-12. False statement on consent form.
35-47-2.5-13. Violation by dealer.
35-47-2.5-16. Criminal transfer of a firearm.
35-47-2.5-1. Application; NICS participation.
(a) Sections 2 through 5 of this chapter do
not apply to the following:
(1) Transactions between persons who are
licensed as firearms importers or collectors
or firearms manufacturers or dealers under
18 U.S.C. 923.
(2) Purchases by or sales to a law enforce-
ment officer or agent of the United States,
the state, or a county or local government.
(3) Indiana residents licensed to carry
handguns under IC 35-47-2-3.
(b) Notwithstanding any other provision of
this chapter, the state shall participate in the NICS
if federal funds are available to assist the state in
participating in the NICS. If;
(1) the state participates in the NICS; and
(2) there is a conflict between:
(A) a provision of this chapter; and
(B) a procedure required under the
NICS;
the procedure required under the NICS prevails
over the conflicting provision of this chapter.
35-47-2.5-2. “Dealer” defined.
As used in this chapter, “dealer” includes any
person licensed under 18 U.S.C. 923.
35-47-2.5-2.5. “NICS” defined.
As used in this chapter, “NICS” refers to the
National Instant Criminal Background Check
System maintained by the Federal Bureau of
Investigation in accordance with the federal Brady
Handgun Violence PreventionAct (18 U.S.C. 921
et seq.).
35-47-2.5-3. Criminal history information
form.
A person purchasing a handgun from a dealer
shall complete and sign Bureau of Alcohol,
Tobacco, Firearms and Explosives Form 4473.
35-47-2.5-4. Dealer’s duties.
(a) Adealer may not sell, rent, trade, or trans-
fer from the dealer’s inventory a handgun to a per-
son until the dealer has done all of the following:
(1) Obtained from the prospective pur-
chaser a completed and signed Form 4473
as specified in section 3 of this chapter.
(2) Contacted NICS:
(A) by telephone; or
(B) electronically;
to request a background check on the
prospective purchaser.
(3) Received authorization from NICS to
transfer the handgun to the prospective
purchaser.
(b) The dealer shall record the NICS transac-
tion number on Form 4473 and retain Form 4473
for auditing purposes.
35-47-2.5-5. Photographic identification;
other documentation.
(a) To establish personal identification and
residence in Indiana for purposes of this chapter,
a dealer must require a prospective purchaser to
present one (1) photographic identification form
issued by a governmental agency of the state or
by the United States Department of Defense, or
other documentation of residence.
(b) Except when photographic identification
was issued by the United States Department of
Defense, other documentation of residence must
show an address identical to that shown on the
photographic identification form or as amended by
proper notice of change of address filed with the
issuing authority. Suitable other documentation
of residence includes:
(1) evidence of currently paid personal
property tax or real estate tax, a current
lease, utility, or telephone bill, a voter reg-
istration card, a bank check, a passport, an
automobile registration, or a hunting or
fishing license;
(2) other current identification allowed as
evidence of residency by 27 CFR 178.124
and United States Alcohol, Tobacco, and
Firearms Ruling 79-7; or
(3) other documentation of residence,
