CRIMINAL LAWAND PROCEDURE
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for a crime committed after June 30,
2014;
(22) incest (IC 35-46-1-3);
(23) dealing in or manufacturing cocaine
or a narcotic drug (IC 35-48-4-1);
(24) dealing in methamphetamine (IC 35-
48-4-1.1);
(25) dealing in a schedule I, II, or III con-
trolled substance (IC 35-48-4-2);
(26) dealing in a schedule IV controlled
substance (IC 35-48-4-3); or
(27) dealing in a schedule V controlled
substance (IC 35-48-4-4).
(c) A serious violent felon who knowingly or
intentionally possesses a firearm commits unlaw-
ful possession of a firearm by a serious violent
felon, a Level 4 felony.
35-47-4-6. Possession of firearm by a
domestic batterer.
(a) A person who has been convicted of
domestic battery under IC 35-42-2-1.3 and who
knowingly or intentionally possesses a firearm
commits unlawful possession of a firearm by a
domestic batterer, a Class A misdemeanor.
(b) It is a defense to a prosecution under this
section that the person’s right to possess a firearm
has been restored under IC 35-47-4-7.
35-47-4-7. Restoration of rights to possess
firearms by a domestic batterer
[effective March 26, 2014].
(a) Notwithstanding IC 35-47-2, IC 35-47-
2.5, the restoration of the right to serve on a jury
under IC 33-28-5-18, the restoration of the right
to vote under IC 3-7-13-5, or the expungement of
a crime of domestic violence under IC 35-38-9,
and except as provided in subsections (b), (c),
and (f), a person who has been convicted of a
crime of domestic violence may not possess a
firearm.
(b) Not earlier than five (5) years after the
date of conviction, a person who has been con-
victed of a crime of domestic violence may peti-
tion the court for restoration of the person’s right
to possess a firearm. In determining whether to
restore the person’s right to possess a firearm,
the court shall consider the following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining
order; or
(D) any other court order that prohibits
the person from possessing a firearm.
(2) Whether the person has successfully
completed a substance abuse program, if
applicable.
(3) Whether the person has successfully
completed a parenting class, if applica-
ble.
(4) Whether the person still presents a
threat to the victim of the crime.
(5) Whether there is any other reason why
the person should not possess a firearm,
including whether the person failed to sat-
isfy a specified condition under subsection
(c) or whether the person has committed a
subsequent offense.
(c) The court may condition the restoration of
a person’s right to possess a firearm upon the
person’s satisfaction of specified conditions.
(d) If the court denies a petition for restoration
of the right to possess a firearm, the person may
not file a second or subsequent petition until one
(1) year has elapsed after the filing of the most
recent petition.
(e) Aperson has not been convicted of a crime
of domestic violence for purposes of subsection
(a) if the person has been pardoned.
(f) The right to possess a firearm shall be
restored to a person whose conviction is reversed
on appeal or on postconviction review at the ear-
lier of the following:
(1) At the time the prosecuting attorney
states on the record that the charges that
gave rise to the conviction will not be
refiled.
(2) Ninety (90) days after the final dispo-
sition of the appeal or postconviction pro-
ceeding.
Chapter 4.5. Regulation of Laser Pointers
35-47-4.5-1. Exemptions.
35-47-4.5-2. “Laser pointer” defined.
35-47-4.5-3. “Public safety officer” defined.
