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determined to be acceptable by the state
police department, that corroborates that
the prospective purchaser currently resides
in Indiana.
(c) If the photographic identification was
issued by the United States Department of
Defense, permanent orders may be used as doc-
umentation of residence.
35-47-2.5-12. False statement on consent
form.
A person who knowingly or intentionally
makes a materially false statement on Form 4473
completed under section 3 of this chapter commits
a Level 6 felony.
35-47-2.5-13. Violation by dealer.
Except as otherwise provided in this chapter,
a dealer who knowingly or intentionally sells,
rents, trades, or transfers a handgun in violation
of this chapter commits a Class A misdemeanor.
35-47-2.5-16. Criminal transfer of a firearm.
(a) This section does not apply to a person who
complies with IC 35-47-10 (governing children
and firearms).
(b) A person who provides a firearm to an
individual who the person knows:
(1) is ineligible to purchase or otherwise
receive or possess a firearm for any reason
other than the person’s age; or
(2) intends to use the firearm to commit a
crime;
commits criminal transfer of a firearm, a Level 5
felony. However, the offense is a Level 3 felony
if the individual uses the firearm to commit mur-
der (IC 35-42-1-1).
(c) It is a defense to a prosecution under sub-
section (b)(1) that:
(1) the accused person (or dealer acting
on the person’s behalf) contacted NICS
to request a background check on the indi-
vidual before the accused person provided
the firearm to the individual; and
(2) the accused person (or dealer acting
on the person’s behalf) received authori-
zation from NICS to provide the firearm to
the individual.
Chapter 3. Disposal of
Confiscated Weapons.
35-47-3-1.
Disposal of confiscated firearms.
35-47-3-2.
Firearms not required to be registered.
35-47-3-3.
Firearms required to be registered.
35-47-3-4.
Unlawful delivery of confiscated firearms.
35-47-3-1. Disposal of confiscated firearms.
All firearms confiscated pursuant to statute
shall, upon conviction of the person for the offense
for which confiscation was made, be disposed of
in accordance with this chapter.
35-47-3-2. Firearms not required to be
registered.
(a) This section applies only to firearms which
are not required to be registered in the National
Firearms Registration and Transfer Record.
(b) Firearms shall be returned to the rightful
owner at once following final disposition of the
cause if a return has not already occurred under
the terms of IC 35-33-5. If the rightful ownership
is not known the law enforcement agency holding
the firearm shall make a reasonable attempt to
ascertain the rightful ownership and cause the
return of the firearm. However, nothing in this
chapter shall be construed as requiring the return
of firearms to rightful owners who have been
convicted for the misuse of firearms. In such
cases, the court may provide for the return of the
firearm in question or order that the firearm be at
once delivered:
(1) except as provided in subdivision (2),
to the sheriff’s department of the county in
which the offense occurred; or
(2) to the city or town police force that
confiscated the firearm.
(c) The receiving law enforcement agency
shall dispose of firearms under subsection (b), at
the discretion of the law enforcement agency, not
more than one hundred twenty (120) days fol-
lowing receipt by use of any of the following
procedures:
(1) Public sale of the firearms to the gen-
eral public as follows:
(A)Notice of the sale shall be:
(i) posted for ten (10) days in the
county courthouse in a place read-
ily accessible to the general public;
and
(ii) advertised in the principal news-
