Citations Affected: IC 35-47-2-3 ; IC 35-47-2-7 .
Synopsis: Handgun permits and transfers. Prohibits the issuance of a
license to carry a handgun to a person less than 21 years of age (instead
of 18 years of age). Prohibits a person from transferring the ownership
or possession of a handgun or an assault weapon to a person less than
21 years of age (instead of 18 years of age).
Effective: July 1, 2003.
January 7, 2003, read first time and referred to Committee on Public Policy, Ethics and
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Except as provided in subsection (h), 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 the applicant's name, full address, length of residence in the community, whether the applicant's residence is located within the limits of any city or town, the applicant's 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 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
officer's recommendation for approval or disapproval and one (1) set
of legible and classifiable fingerprints of the applicant to the
(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 the officer's complete and specific reasons, in writing, for the recommendation of disapproval.
(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, 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) At the time a license is issued and delivered to a licensee under subsection (e), the superintendent shall include with the license information concerning handgun safety rules that:
(1) neither opposes nor supports an individual's right to bear arms; and
(A) recommended by a nonprofit educational organization that is dedicated to providing education on safe handling and use of firearms;
(B) prepared by the state police department; and
(C) approved by the superintendent.
The superintendent may not deny a license under this section because the information required under this subsection is unavailable at the time the superintendent would otherwise issue a license. The state police department may accept private donations or grants to defray the cost of printing and mailing the information required under this subsection.
(g) A license to carry a handgun shall not be issued to any person who:
(1) has been convicted of a felony;
(2) is under
eighteen (18) twenty-one (21) 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.