Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
 01/09/2009 06:15:14 AM EST
IC 35-47-4
     Chapter 4. Miscellaneous Provisions

IC 35-47-4-1
Delivery of deadly weapon to intoxicated person
     Sec. 1. 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 intoxicated, commits a Class B misdemeanor.
As added by P.L.311-1983, SEC.32.

IC 35-47-4-2
Loans secured by handguns
     Sec. 2. A person who makes a loan secured by a:
        (1) mortgage;
        (2) deposit; or
        (3) pledge;
of a handgun commits a Class B misdemeanor.
As added by P.L.311-1983, SEC.32.

IC 35-47-4-3
Pointing firearm at another person
     Sec. 3. (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 Class D felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.
As added by P.L.296-1995, SEC.2.

IC 35-47-4-4
Repealed
    (Repealed by P.L.247-1999, SEC.2.)

IC 35-47-4-5
Unlawful possession of firearm by serious violent felon
     Sec. 5. (a) As used in this section, "serious violent felon" means a person who has been convicted of:
        (1) committing a serious violent felony in:
            (A) Indiana; or
            (B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a serious violent felony; or
        (2) attempting to commit or conspiring to commit a serious violent felony in:

            (A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2; or
            (B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of attempting to commit or conspiring to commit a serious violent felony.
    (b) As used in this section, "serious violent felony" means:
        (1) murder (IC 35-42-1-1);
        (2) voluntary manslaughter (IC 35-42-1-3);
        (3) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
        (4) battery as a:
            (A) Class A felony (IC 35-42-2-1(a)(5));
            (B) Class B felony (IC 35-42-2-1(a)(4)); or
            (C) Class C felony (IC 35-42-2-1(a)(3));
        (5) aggravated battery (IC 35-42-2-1.5);
        (6) kidnapping (IC 35-42-3-2);
        (7) criminal confinement (IC 35-42-3-3);
        (8) rape (IC 35-42-4-1);
        (9) criminal deviate conduct (IC 35-42-4-2);
        (10) child molesting (IC 35-42-4-3);
        (11) sexual battery as a Class C felony (IC 35-42-4-8);
        (12) robbery (IC 35-42-5-1);
        (13) carjacking (IC 35-42-5-2);
        (14) arson as a Class A felony or Class B felony (IC 35-43-1-1(a));
        (15) burglary as a Class A felony or Class B felony (IC 35-43-2-1);
        (16) assisting a criminal as a Class C felony (IC 35-44-3-2);
        (17) resisting law enforcement as a Class B felony or Class C felony (IC 35-44-3-3);
        (18) escape as a Class B felony or Class C felony (IC 35-44-3-5);
        (19) trafficking with an inmate as a Class C felony (IC 35-44-3-9);
        (20) criminal gang intimidation (IC 35-45-9-4);
        (21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);
        (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 controlled 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 unlawful possession of a firearm by a

serious violent felon, a Class B felony.
As added by P.L.247-1999, SEC.1. Amended by P.L.14-2000, SEC.76; P.L.17-2001, SEC.17; P.L.222-2001, SEC.5; P.L.151-2006, SEC.21.

IC 35-47-4-6
Unlawful possession of a firearm by a domestic batterer
     Sec. 6. (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.
As added by P.L.195-2003, SEC.7. Amended by P.L.98-2004, SEC.156; P.L.118-2007, SEC.36.

IC 35-47-4-7
Persons prohibited from possessing a firearm; restoration of right to possess a firearm
     Sec. 7. (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, or the restoration of the right to vote under IC 3-7-13-5, 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 after the person's release from imprisonment or lawful detention.
    (b) Not earlier than five (5) years after the date of conviction, a person who has been convicted of a crime of domestic violence may petition 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 applicable.
        (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 satisfy 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) A person has not been convicted of a crime of domestic violence for purposes of subsection (a) if the conviction has been expunged or 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 earlier 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 disposition of the appeal or the postconviction proceeding.
As added by P.L.118-2007, SEC.37.

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