Indiana statute

Ind. Code § 35-47-2-7 — "Machine gun"; prohibited sales or transfers of ownership

Current through 2026 Regular Session

Part of Chapter 2: Regulation of Handguns, Indiana Code.

Criminal charges under this statute

"Machine gun"; prohibited sales or transfers of ownership

Full text of Ind. Code § 35-47-2-7

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-47-2-7Primary source, current through the 2026 Regular Session

Sec. 7. (a) As used in this section, "machine gun" has the meaning set forth in IC 35-31.5-2-190 . (b) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10 (governing children and firearms) and federal law, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or machine gun to any person under eighteen (18) years of age. (c) A person who knowingly or intentionally sells, gives, or in any other manner transfers ownership or possession of a machine gun to a person under eighteen (18) years of age commits a Level 5 felony. However, the offense is a Level 4 felony if the person who sells, gives, or transfers ownership of the machine gun has a prior conviction under this section, and a Level 3 felony if a person under eighteen (18) years of age uses the machine gun to commit murder ( IC 35-42-1-1 ). (d) A person who knowingly or intentionally sells, gives, or in any other manner transfers the ownership or possession of a handgun to another person who the person knows: (1) is ineligible for any reason other than the person's age to purchase or otherwise receive from a dealer a handgun; or (2) intends to use the handgun to commit a crime; commits criminal transfer of a handgun, a Level 5 felony. However, the offense is a Level 3 felony if the other person uses the handgun to commit murder ( IC 35-42-1-1 ). (e) A person who purchases a handgun with the intent to: (1) resell or otherwise provide the handgun to another person who the person knows is ineligible for any reason to purchase or otherwise receive from a dealer a handgun; (2) resell or otherwise provide the handgun to another person who the person knows intends to use the handgun to commit a crime; or (3) transport the handgun outside Indiana to be resold or otherwise provided to another person who the transferor knows: (A) is ineligible to purchase or otherwise receive a handgun; or (B) intends to use the handgun to commit a crime; commits the straw purchase of a handgun, a Level 5 felony. However, the offense is a Level 3 felony if the other person uses the handgun to commit murder ( IC 35-42-1-1 ). (f) As used in this subsection, "NICS" has the meaning set forth in IC 35-47-2.5-2.5 . It is a defense to a prosecution under subsection (d)(1) that: (1) the accused person contacted NICS (or had a dealer contact NICS on the person's behalf) to request a background check on the other person before the accused person sold, gave, or in any other manner transferred the ownership or possession of the handgun to the other person; and (2) the accused person (or dealer acting on the person's behalf) received authorization from NICS to sell, give, or in any other manner transfer ownership or possession of the handgun to the other person.

Official sources

Legal terms used in this section

Questions this section answers

Is "Machine gun"; prohibited sales or transfers of ownership a felony or a misdemeanor in Indiana?

It depends on the circumstances: "Machine gun"; prohibited sales or transfers of ownership ranges from a Level 5 Felony to a Level 3 Felony in Indiana under Ind. Code § 35-47-2-7.

Transfer of machine gun to minor: Level 5 Felony (Ind. Code § 35-47-2-7(c)) · Transfer of machine gun to minor — prior conviction: Level 4 Felony (Ind. Code § 35-47-2-7(c)) · Transfer of machine gun to minor — used to commit murder: Level 3 Felony (Ind. Code § 35-47-2-7(c)) · Criminal transfer of a handgun: Level 5 Felony (Ind. Code § 35-47-2-7(d)) · Criminal transfer of a handgun — used to commit murder: Level 3 Felony (Ind. Code § 35-47-2-7(d)) · Straw purchase of a handgun: Level 5 Felony (Ind. Code § 35-47-2-7(e)) · Straw purchase of a handgun — used to commit murder: Level 3 Felony (Ind. Code § 35-47-2-7(e))

Which Indiana statute covers "Machine gun"; prohibited sales or transfers of ownership?

"Machine gun"; prohibited sales or transfers of ownership is governed by Ind. Code § 35-47-2-7 ("Machine gun"; prohibited sales or transfers of ownership).

This reference is informational and is not legal advice.