Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 35-47-10
     Chapter 10. Children and Firearms

IC 35-47-10-1
Exemptions from chapter
    
Sec. 1. 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.
As added by P.L.140-1994, SEC.12. Amended by P.L.1-1995, SEC.78; P.L.203-1996, SEC.2.

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 Version a
Dangerous possession of a firearm
    
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
    Sec. 5. A child who knowingly, intentionally, or recklessly:
        (1) possesses a firearm for any purpose other than a purpose described in section 1 of this chapter; or
        (2) provides a firearm to another child with or without remuneration 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 Class C felony if the child has a prior conviction under this section.
As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.4.

IC 35-47-10-5 Version b
Dangerous possession of a firearm
    
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    Sec. 5. A child who knowingly, intentionally, or recklessly:
        (1) possesses a firearm for any purpose other than a purpose described in section 1 of this chapter; or
        (2) provides a firearm to another child with or without remuneration 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.
As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.4; P.L.158-2013, SEC.602.

IC 35-47-10-6 Version a
Dangerous control of a firearm
    
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
    Sec. 6. An adult who knowingly, intentionally, or recklessly provides a firearm to a child for any purpose other than those

described in section 1 of this chapter, with or without remuneration, commits dangerous control of a firearm, a Class C felony. However, the offense is a Class B felony if the adult has a prior conviction under this section.
As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.5.

IC 35-47-10-6 Version b
Dangerous control of a firearm
    
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    Sec. 6. An adult who knowingly, intentionally, or recklessly provides a firearm to a child for any purpose other than those described in section 1 of this chapter, with or without remuneration, 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.
As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996, SEC.5; P.L.158-2013, SEC.603.

IC 35-47-10-7 Version a
Permitting child to possess a firearm
    
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
    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 Class C felony. However, the offense is a Class B 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.

IC 35-47-10-7 Version b
Permitting child to possess a firearm
    
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    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.