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tling the firearm for parts, scrap metal, or
recycling, or for resale as parts for other
firearms.
(d) Notwithstanding the requirement of this
section mandating disposal of firearms not more
than one hundred twenty (120) days following
receipt, the receiving law enforcement agency
may at its discretion hold firearms it may receive
until a sufficient number has accumulated to
defray the costs of administering this section if a
delay does not exceed one hundred eighty (180)
days from the receipt of the first firearm is the sale
lot. In addition, the receiving law enforcement
agency may, at is discretion, jointly sell firearms
it has received with another law enforcement
agency, or permit another law enforcement agency
to sell firearms it has received on behalf of the
receiving law enforcement agency. In any event,
all confiscated firearms shall be disposed of as
promptly as possible.
(e) When a firearm is delivered to the state
police department laboratory or other forensic
laboratory under subsection (c)(4) and the state
police department laboratory or other forensic
laboratory determines the laboratory has no fur-
ther need for the firearm in question, the labora-
tory shall return the firearm to the law enforcement
agency for disposal under subsection (c).
35-47-3-3. Firearms required to be
registered.
(a) This section applies to firearms that are
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 such return has not already occurred
under the terms of IC 35-33-5, and if such owner
remains lawfully entitled to possess such firearms
according to applicable United States and Indiana
statutes. If rightful ownership is not known, the
law enforcement agency holding the firearm shall
make a reasonable and diligent effort to ascertain
the rightful ownership and cause the return of the
firearm being held, providing the owner remains
lawfully entitled to possess such firearms.
(c) Firearms that are not returnable under this
section shall be at once delivered to:
(1) the sheriff’s department of the county
in which the offense occurred, unless sub-
division (2) applies; or
(2) the city or town police force that con-
fiscated the firearm if:
(A)a member of the city or town police
force confiscated the firearm; and
(B) the city or town has a population of
more than two thousand five hundred
(2,500) and less than six hundred thou-
sand (600,000);
following final disposition of the cause.
(d) When firearms are sent to a law enforce-
ment agency under subsection (c), the law enforce-
ment agency may upon request release the firearms
to the state police department laboratory or other
forensic laboratory administered by the state or a
political subdivision (as defined in IC 36-1-2-13)
for purposes of research, training, and comparison
in conjunction with forensic examination of
firearms evidence.
(e) The receiving law enforcement agency or
laboratory shall cause the registry of such firearms
in the United States National Firearms Registration
and Transfer Record within thirty (30) days fol-
lowing receipt from the court.
(f) The court may order such firearms not
returnable destroyed, specifying the exact manner
of destruction and requiring the receiving law
enforcement agency or laboratory to make due
return to the ordering court the time, date, method
of destruction, and disposition of the remains of
the destroyed firearm.
(g) No portion of this section shall be con-
strued as requiring the receiving law enforcement
agency or laboratory to retain firearms which are
inoperable or unserviceable, or which the receiv-
ing law enforcement agency or laboratory may
choose to transfer as public property in the ordi-
nary course of lawful commerce and exchange.
35-47-3-4. Unlawful delivery of confiscated
firearm.
A person who knowingly or intentionally:
(1) delivers a confiscated firearm to a per-
son convicted of a felony;
(A) involving use of a firearm; and
(B) which is the basis of the confisca-
tion;
(2) delivers a confiscated firearm to
