HOUSE BILL No. 1998
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-47.
Synopsis: Handguns. Requires a person who applies for a license to
carry a handgun to provide evidence that the person has successfully
completed a handgun safety course conducted under standards
established by the superintendent of the state police department.
Specifies that a person who sells, rents, trades, or transfers a handgun
to another person at a gun show is considered a dealer for purposes of
the law concerning sale of handguns. Requires a handgun dealer to wait
seven business days after obtaining background information from a
prospective handgun purchaser before selling, renting, trading, or
transferring a handgun to the purchaser. Prohibits a person from
purchasing or otherwise obtaining more than two handguns during a
Effective: July 1, 2001.
January 17, 2001, read first time and referred to Committee on Agriculture, Natural
Resources and Rural Development.
First Regular Session 112th General Assembly (2001)
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HOUSE BILL No. 1998
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:
SOURCE: IC 35-47-2-3; (01)IN1998.1.1. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) A person desiring
a license to carry a handgun
(1) (A) to the chief of police or corresponding law
enforcement officer of the municipality in which he the
(2) (B) if that municipality has no such officer, or if the
applicant does not reside in a municipality, to the sheriff of the
county in which he the person resides after he the person has
obtained an application form prescribed by the superintendent;
(3) (C) if he the person is a resident of another state and has
a regular place of business or employment in Indiana, to the
sheriff of the county in which he the person has a regular
place of business or employment; and
(2) provide evidence that the person has successfully
completed a handgun safety training course conducted under
standards established by the superintendent.
(b) The law enforcement agency which accepts an application for a
handgun license shall collect a ten dollar ($10) application fee, five
dollars ($5) of which shall be refunded if the license is not issued.
Except as provided in subsection (g), the fee shall be:
(1) deposited into the law enforcement agency's firearms training
fund or other appropriate training activities fund; and
(2) used by the agency for the purpose of:
(A) training law enforcement officers in the proper use of
firearms or other law enforcement duties; or
(B) purchasing for the law enforcement officers employed by
the law enforcement agency firearms, or firearm related
equipment, or both.
The state board of accounts shall establish rules for the proper
accounting and expenditure of funds collected under this subsection.
(c) The officer to whom the application is made shall ascertain
concerning the applicant
his the applicant's name, full address, length
of residence in the community, whether his the applicant's residence
is located within the limits of any city or town, occupation, place of
business or employment, criminal record, if any, and convictions
(minor traffic offenses excepted), age, race, sex, nationality, date of
birth, citizenship, height, weight, build, color of hair, color of eyes,
scars and marks, whether the applicant has previously held an Indiana
license to carry a handgun and, if so, the serial number of the license
and year issued, whether his the applicant's license has ever been
suspended or revoked, and if so, the year and reason for the suspension
or revocation, and the applicant's reason for desiring a license. The
officer to whom the application is made shall conduct an investigation
into the applicant's official records and verify thereby the applicant's
character and reputation, and shall in addition verify for accuracy the
information contained in the application, and shall forward this
information together with his the officer's recommendation for
approval or disapproval and one (1) set of legible and classifiable
fingerprints of the applicant to the superintendent.
(d) The superintendent may make whatever further investigation
the superintendent deems necessary. Whenever disapproval is
recommended, the officer to whom the application is made shall
provide the superintendent and the applicant with his the officer's
complete and specific reasons, in writing, for the recommendation of
(e) If it appears to the superintendent that the applicant has a proper
reason for carrying a handgun and is of good character and reputation
and a proper person to be so licensed,
he the superintendent shall
issue to the applicant a qualified or an unlimited license to carry any
handgun lawfully possessed by the applicant. The original license shall
be delivered to the licensee. A copy shall be delivered to the officer to
whom the application for license was made. A copy shall be retained
by the superintendent for at least four (4) years. This license shall be
valid for a period of four (4) years from the date of issue. The license
of police officers, sheriffs or their deputies, and law enforcement
officers of the United States government who have been honorably
retired by a lawfully created pension board or its equivalent after
twenty (20) or more years of service, shall be valid for the life of such
individuals. However, such lifetime licenses are automatically revoked
if the license holder does not remain a proper person.
(f) A license to carry a handgun shall not be issued to any person
(1) has been convicted of a felony;
(2) is under eighteen (18) years of age;
(3) is under twenty-three (23) years of age if the person has been
adjudicated a delinquent child for an act that would be a felony if
committed by an adult; or
(4) has been arrested for a Class A or Class B felony, or any other
felony that was committed while armed with a deadly weapon or
that involved the use of violence, if a court has found probable
cause to believe that the person committed the offense charged.
In the case of an arrest under subdivision (4), a license to carry a
handgun may be issued to a person who has been acquitted of the
specific offense charged or if the charges for the specific offense are
dismissed. The superintendent shall prescribe all forms to be used in
connection with the administration of this chapter.
(g) If the law enforcement agency that charges a fee under
subsection (b) is a city or town law enforcement agency, the fee shall
be deposited in the law enforcement continuing education fund
SOURCE: IC 35-47-2.5-2; (01)IN1998.1.2. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. As used in this
chapter, "dealer" includes any person:
(1) licensed under 18 U.S.C. 923; or
(2) who sells, rents, trades, or transfers a handgun to another
person at a gun show.
SOURCE: IC 35-47-2.5-4; (01)IN1998.1.3. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. A dealer may not
sell, rent, trade, or transfer from the dealer's inventory a handgun to a
person until the dealer has done all of the following:
(1) Obtained from the prospective purchaser written consent to a
criminal history check, as specified in section 3 of this chapter.
(2) Provided the state police department with the prospective
purchaser's name, birth date, gender, race, Social Security
number, and any other identification required of the prospective
(3) Requested and received criminal history information from the
state police department by means of:
(A) a telephone call; or
(B) other electronic means.
(4) Waited at least seven (7) business days from the date the
dealer provided the state police department with the
information required under subdivision (2).
SOURCE: IC 35-47-2.5-7; (01)IN1998.1.4. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. (a) The state police
department shall provide its response to a requesting dealer under
section 6 of this chapter during the dealer's call, or by return call
(b) If a criminal history check indicates that a prospective purchaser
or transferee has a disqualifying criminal record or has been acquitted
by reason of insanity and committed to the custody of the division of
mental health, the state police department has
until the end of the next
day of the state police department days
to advise the
dealer that the records indicate the buyer or transferee is prohibited
from possessing or transporting a firearm by state or federal law.
(c) If a dealer:
(1) is not advised of a prohibition by the state police department
before the end of
the next seven (7)
day of the state
police department; days as described in subsection (b) and
section 4(4) of this chapter;
(2) has fulfilled the other
requirements of section 4 of this
the dealer may immediately complete the sale or transfer and may not
be considered in violation of this chapter with respect to the sale or
(d) In case of electronic failure or other circumstances beyond the
control of the state police department, the dealer shall be advised
immediately of the reason for the delay and be given an estimate of the
length of the delay. However, after a notification under this subsection,
the state police department shall inform the requesting dealer whether
state police department records indicate the buyer or transferee is
prohibited from possessing or transporting a firearm by state or federal
law not later than:
(1) the end of the next business day of the state police department
following correction of the problem that caused the delay; or
(2) three (3) business days of the state police department;
whichever is earlier.
(e) A dealer that fulfills the requirements of section 4 of this chapter
and is told by the state police department that a response will not be
available under subsection (d) may immediately complete the sale or
transfer and may not be considered in violation of this chapter with
respect to the sale or transfer.
SOURCE: IC 35-47-2.5-11.3; (01)IN1998.1.5. -->
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
(b) A person may not purchase or otherwise obtain more than
two (2) handguns during a calendar month.
(c) A person who knowingly or intentionally violates this section
commits a Class A misdemeanor.