2014 Indiana Code TITLE 35. CRIMINAL LAW AND PROCEDURE ARTICLE 47. WEAPONS AND INSTRUMENTS OF VIOLENCE CHAPTER 10. CHILDREN AND FIREARMS
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IC 35-47-10
Chapter 10. Children and Firearms
IC 35-47-10-1
Application and exemptions
Sec. 1. (a) This section does not apply to section 7 of this chapter.
(b) Except as provided in subsection (c), this chapter does not
apply to the following:
(1) A child who is attending a hunters safety course or a
firearms safety course or an adult who is supervising the child
during the course.
(2) A child engaging in practice in using a firearm for target
shooting at an established range or in an area where the
discharge of a firearm is not prohibited or supervised by:
(A) a qualified firearms instructor; or
(B) an adult who is supervising the child while the child is at
the range.
(3) A child engaging in an organized competition involving the
use of a firearm or participating in or practicing for a
performance by an organized group under Section 501(c)(3) of
the Internal Revenue Code that uses firearms as a part of a
performance or an adult who is involved in the competition or
performance.
(4) A child who is hunting or trapping under a valid license
issued to the child under IC 14-22.
(5) A child who is traveling with an unloaded firearm to or from
an activity described in this section.
(6) A child who:
(A) is on real property that is under the control of the child's
parent, an adult family member of the child, or the child's
legal guardian; and
(B) has permission from the child's parent or legal guardian
to possess a firearm.
(7) A child who:
(A) is at the child's residence; and
(B) has the permission of the child's parent, an adult family
member of the child, or the child's legal guardian to possess
a firearm.
(c) This chapter applies to a child, and to a person who provides
a firearm to a child, if the child:
(1) is ineligible to purchase or possess a firearm for any reason
other than the child's age; or
(2) if the child intends to use a firearm to commit a crime.
As added by P.L.140-1994, SEC.12. Amended by P.L.1-1995,
SEC.78; P.L.203-1996, SEC.2; P.L.152-2014, SEC.7.
IC 35-47-10-2
"Adult" defined
Sec. 2. As used in this chapter, "adult" means a person who is at
least eighteen (18) years of age.
As added by P.L.140-1994, SEC.12.
IC 35-47-10-3
"Child" defined
Sec. 3. As used in this chapter, "child" means a person who is less
than eighteen (18) years of age.
As added by P.L.140-1994, SEC.12.
IC 35-47-10-4
"Loaded" defined
Sec. 4. As used in this chapter, "loaded" means having any of the
following:
(1) A cartridge in the chamber or cylinder of a firearm.
(2) Ammunition in close proximity to a firearm so that a person
can readily place the ammunition in the firearm.
As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996,
SEC.3.
IC 35-47-10-5
Dangerous possession and unlawful transfer of a firearm
Sec. 5. (a) A child who knowingly, intentionally, or recklessly
possesses a firearm for any purpose other than a purpose described in
section 1 of this chapter commits dangerous possession of a firearm,
a Class A misdemeanor. However, the offense is a Level 5 felony if
the child has a prior conviction under this section or has been
adjudicated a delinquent for an act that would be an offense under
this section if committed by an adult.
(b) A child who knowingly or intentionally provides a firearm to
another child whom the child knows:
(1) is ineligible for any reason to purchase or otherwise receive
from a dealer a firearm; or
(2) intends to use the firearm to commit a crime;
commits a Level 5 felony. However, the offense is a Level 3 felony
if the other child uses the firearm to commit murder (IC 35-42-1-1).
As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996,
SEC.4; P.L.158-2013, SEC.602; P.L.152-2014, SEC.8.
IC 35-47-10-6
Dangerous control of a firearm
Sec. 6. An adult who knowingly or intentionally provides a
firearm to a child whom the adult knows:
(1) is ineligible for any reason to purchase or otherwise receive
from a dealer a firearm; or
(2) intends to use the firearm to commit a crime;
commits dangerous control of a firearm, a Level 5 felony. However,
the offense is a Level 4 felony if the adult has a prior conviction
under this section, and a Level 3 felony if the child uses the firearm
to commit murder (IC 35-42-1-1).
As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996,
SEC.5; P.L.158-2013, SEC.603; P.L.152-2014, SEC.9.
IC 35-47-10-7
Permitting child to possess a firearm
Sec. 7. A child's parent or legal guardian who knowingly,
intentionally, or recklessly permits the child to possess a firearm:
(1) while:
(A) aware of a substantial risk that the child will use the
firearm to commit a felony; and
(B) failing to make reasonable efforts to prevent the use of a
firearm by the child to commit a felony; or
(2) when the child has been convicted of a crime of violence or
has been adjudicated as a juvenile for an offense that would
constitute a crime of violence if the child were an adult;
commits dangerous control of a child, a Level 5 felony. However, the
offense is a Level 4 felony if the child's parent or legal guardian has
a prior conviction under this section.
As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996,
SEC.6; P.L.158-2013, SEC.604.
IC 35-47-10-8
Term of imprisonment in addition to criminal penalty
Sec. 8. (a) In addition to any criminal penalty imposed for an
offense under this chapter, the court shall order the following:
(1) That a person who has committed an offense be incarcerated
for five (5) consecutive days in an appropriate facility.
(2) That the additional five (5) day term must be served within
two (2) weeks after the date of sentencing.
(b) Notwithstanding IC 35-50-6, a person does not earn credit time
while serving an additional five (5) day term of imprisonment
imposed by a court under this section.
As added by P.L.140-1994, SEC.12.
IC 35-47-10-9
Consecutive sentences imposed
Sec. 9. A court shall impose consecutive sentences upon a person
who has a conviction under this chapter and a conviction under
IC 35-47-2-7.
As added by P.L.140-1994, SEC.12.
IC 35-47-10-10
Rehabilitation of child; placement in quasi-military program
Sec. 10. When sentencing a child who has committed an offense
under this chapter, a court may elect to place the child in a facility
that uses a quasi-military program for rehabilitative purposes.
As added by P.L.140-1994, SEC.12.
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