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another with knowledge that there is a
rightful owner to whom the firearm must
be returned; or
(3) fails to deliver a confiscated firearm to
the sheriff’s department, a city or town
police force, the state police department
laboratory or a forensic laboratory under
this chapter, the state under IC 14-22-39-
6, or for disposition after a determination
that the rightful owner of the firearm can-
not be ascertained or is no longer entitled
to possess the confiscated firearm;
commits a Level 6 felony.
Chapter 3.5. Firearm Buyback
Programs Prohibited.
35-47-3.5-1. Application of chapter.
35-47-3.5-2. “Firearm buyback program” defined.
35-47-3.5-3. Firearm buyback programs prohibited.
35-47-3.5-4. Transfer of firearms.
35-47-3.5-1. Application of chapter.
This chapter applies to a unit (as defined in IC
36-1-2-23), including a law enforcement agency
of a unit.
35-47-3.5-2. “Firearm buyback program”
defined.
As used in this chapter, “firearm buyback pro-
gram” means a program to purchase privately
owned firearms from individual firearm owners for
the purpose of:
(1) reducing the number of firearms owned
by civilians; or
(2) permitting civilians to sell a firearm
to the government without fear of prose-
cution.
The term does not include the purchase of firearms
from a licensed firearms dealer or a program to
purchase firearms for law enforcement purposes.
35-47-3.5-3. Firearm buyback programs
prohibited.
Aunit, including a law enforcement agency of
a unit, may not conduct a firearm buyback program
unless the firearm buyback program is financed or
funded with private funds or grants, and not pub-
lic funds.
35-47-3.5-4. Transfer of firearms.
(a) A unit having possession of a firearm
obtained from a firearm buyback program shall
transfer the firearm to a law enforcement agency
of the unit.
(b) A law enforcement agency of the unit that
has possession of a firearm obtained under sub-
section (a), or otherwise as a result of a firearm
buyback program, shall dispose of the firearm in
accordance with IC 35-47-3.
Chapter 4. Miscellaneous Provisions.
35-47-4-1.
Delivery of deadly weapon to intoxicated
person.
35-47-4-2.
Loans secured by handguns.
35-47-4-3.
Pointing a firearm.
35-47-4-5.
Possession of firearm by a serious violent
felon.
35-47-4-6.
Possession of firearm by a domestic
batterer.
35-47-4-7.
Restoration of rights to possess firearms
by a domestic batterer.
35-47-4-1. Delivery of deadly weapon to
intoxicated person.
A person who sells, barters, gives, or delivers
any deadly weapon to any person at the time in a
state of intoxication, knowing him to be in a state
of intoxication, or to any person who is in the habit
of becoming intoxicated, and knowing him to be
a person who is in the habit of becoming intoxi-
cated, commits a Class B misdemeanor.
35-47-4-2. Loans secured by handguns.
A person who makes a loan secured by a:
(1) Mortgage;
(2) Deposit; or
(3) Pledge;
of a handgun commits a Class B misdemeanor.
35-47-4-3. Pointing a firearm.
(a) This section does not apply to a law
enforcement officer who is acting within the scope
of the law enforcement officer’s official duties or
to a person who is justified in using reasonable
force against another person under:
(1) IC 35-41-3-2; or
(2) IC 35-41-3-3.
(b) A person who knowingly or intentionally
points a firearm at another person commits a
Level 6 felony. However, the offense is a Class
A misdemeanor if the firearm is not loaded.
