Introduced Version
SENATE BILL No. 282
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-47.
Synopsis: Firearm sales, transfers, and storage away from children.
Makes it a Class A misdemeanor for a person to purchase or otherwise
obtain more than one handgun during a calendar month. Makes it a
Class A misdemeanor for a person to sell or otherwise transfer
ownership of a handgun to another person at a gun show unless the
person is a licensed firearms dealer. Places restrictions on the transfer
of firearms that have certain physical characteristics that could make
the firearms dangerous to use. Makes it a Class A infraction for an
adult to knowingly, intentionally, recklessly, or negligently store or
leave a loaded handgun, or an unloaded handgun that is accompanied
by ammunition, in a location where the adult knows or should
reasonably know that an unsupervised child is likely to gain access to
and handle the handgun if: (1) a child gains access to the handgun; and
(2) the child violates the law concerning carrying a handgun without a
license or uses the handgun to cause bodily injury to the child or to
another person. Makes a repeat offense a Class A misdemeanor.
Effective: July 1, 2001.
January 11, 2001, read first time and referred to Committee on Public Policy.
Introduced
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2000 General Assembly.
SENATE BILL No. 282
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1.
IC 35-47-2.5-11.3
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 11.3. (a) Notwithstanding section
1(3) of this chapter, this section applies to Indiana residents
licensed to carry handguns under
IC 35-47-2-3.
(b) A person may not purchase or otherwise obtain more than
one (1) handgun during a calendar month.
(c) A person who knowingly or intentionally violates this section
commits a Class A misdemeanor.
SECTION 2.
IC 35-47-2.5-11.6
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 11.6. (a) Notwithstanding section
1(3) of this chapter, this section applies to Indiana residents
licensed to carry handguns under
IC 35-47-2-3.
(b) A person may not sell or otherwise transfer ownership of a
handgun to another person at a gun show unless the person is a
licensed firearms dealer.
(c) A person who knowingly or intentionally violates this section
commits a Class A misdemeanor.
SECTION 3.
IC 35-47-4-6
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Sec. 6. (a) A person may not sell, rent, lease, transfer, or
deliver, or offer to sell, lease, transfer, or deliver, a firearm to
another person if the firearm:
(1) has a frame, barrel, cylinder, slide, or breechblock that is
composed of:
(A) a metal that has a melting point of less than nine
hundred (900) degrees Fahrenheit;
(B) a metal that has an ultimate tensile strength of less
than fifty-five thousand (55,000) pounds per square inch;
or
(C) a powdered metal that has a density of less than seven
and five-tenths (7.5) grams per cubic centimeter;
(2) is prone to:
(A) accidental discharge;
(B) firing more than one (1) time per pull of the trigger; or
(C) explosion during firing; or
(3) has a barrel less than three (3) inches in length;
unless the person discloses in writing to the other person the
condition of the firearm.
(b) A person who knowingly or intentionally violates this section
commits a Class C misdemeanor.
SECTION 4.
IC 35-47-10-7.1
IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]:
Sec. 7.1. (a) This section does not
apply under the following circumstances:
(1) When a child gains possession of a handgun that was:
(A) stored in a locked box or container; or
(B) securely locked with a trigger lock.
(2) When a child gains possession of a handgun as a result of
the child's unlawful entry.
(b) If:
(1) an adult knowingly, intentionally, recklessly, or negligently
stores or leaves:
(A) a loaded handgun; or
(B) an unloaded handgun that is accompanied by
ammunition;
in a location where the adult knows or should reasonably
know that an unsupervised child is likely to gain access to and
handle the handgun;
(2) a child gains access to the handgun; and
(3) the child uses the handgun to:
(A) violate
IC 35-47-2-1
; or
(B) cause bodily injury to the child or to another person;
the adult commits a Class A infraction. However, the offense is a
Class A misdemeanor if the adult has a previous judgment under
this section.