How to Sell a Gun in Indiana

The state of Indiana can be considered an appealing place for gun rights advocates. However, there are some intricate public policies when it comes to buying, selling and transferring a firearm in the state. It may come as a surprise the regulations that are on the books when it come to firearms. For those looking to inform themselves, CashMyGuns has produced a helpful guide to navigate some of those laws to ensure those looking to become gun owners or selling off firearms within their possession are following the laws and do not inadvertently commit a crime.

The following information was complied from a memorandum on Indiana State Laws on firearms to the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives from the Indiana Office of the Attorney General.

What are the Requirements to Legally Purchase a Firearm in Indiana?

In order to purchase a firearm legally, the buyer must be 18 years old to purchase rifles, shotguns and ammunition. Buyers looking to purchase handguns must be at least 21 years old. No permits or registration are required to own a firearm in this state.

Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473 (firearms transaction form). This form will be maintained by the dealer. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the firearms dealer.

This check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeal process the purchaser can pursue to receive the necessary clearance to complete the purchase.

How to Conduct a Private Sale in Indiana?

In the state of Indiana, there are no specific laws requiring a background check to buy or sell a firearm in a private transaction between two non-licensed individuals.

However, there are penalties for buyers and sellers if the firearm was sold to an ineligible person, selling a defaced firearm, making a straw purchase for an ineligible person or selling a restricted firearm (explosive weapon, machine gun), which can result in different criminal charges including and up to a felony criminal charge.

Indiana Firearm Ownership Restrictions

Chapter. 2 Handguns
Section 35-47-2-7 Prohibited sales or transfers. [Effective until July 1, 2019]

(a) 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), a person may not sell,
give, or in any other manner transfer the ownership or possession of a handgun or assault weapon to any person under
18 years of age.

(b) 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).

(c) 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).

(d) 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 (b)(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.

Section 35-47-2-7 Prohibited sales or transfers. [Effective July 1, 2019]
(a) As used in this section, “machine gun” means any weapon that shoots, is designed to shoot, or can be readily
restored to shoot automatically more than one (1) shot, without manual reloading, by a single function of the trigger. The
term includes the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or a
combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of
parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.

(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.

FEDERAL DISQUALIFICATION CATEGORIES

  • Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
  • Warrant (felony or out-of-state misdemeanor).
  • Felony pre-trial release.
  • Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
  • Unlawful use or addicted to a controlled substance (including marijuana).
  • Dishonorable discharge from the armed forces.
  • Renounced U.S. citizenship.
  • Illegal alien.

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“Disclaimer”
The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 11/04/20 from www.atf.gov/file/117221/download.