SENATE BILL No. 398
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-47; IC 35-50-2-13.
Synopsis: Assault weapons. Makes the sale, transfer, or possession of
an assault weapon by an unauthorized person a Class C felony. Makes
the operation of a loaded assault weapon a Class B felony.
Effective: July 1, 2005.
January 11, 2005, read first time and referred to Committee on Corrections, Criminal, and
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE BILL No. 398
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 35-47-2-7; (05)IN0398.1.1. -->
SECTION 1. IC 35-47-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (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, a person may not sell, give, or in any
other manner transfer the ownership or possession of a handgun or
assault weapon (as defined in
IC 35-50-2-11) IC 35-47-5.5-2) to any
person under eighteen (18) years of age.
(b) It is unlawful for a person to sell, give, or in any manner transfer
the ownership or possession of a handgun to another person who the
person has reasonable cause to believe:
(1) has been:
(A) convicted of a felony; or
(B) adjudicated a delinquent child for an act that would be a
felony if committed by an adult, if the person seeking to obtain
ownership or possession of the handgun is less than
twenty-three (23) years of age;
(2) is a drug abuser;
(3) is an alcohol abuser; or
(4) is mentally incompetent.
SOURCE: IC 35-47-5.5; (05)IN0398.1.2. -->
SECTION 2. IC 35-47-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]:
Chapter 5.5. Assault Weapons
Sec. 1. (a) This chapter does not apply to:
(1) the commissioner of the department of correction or a
person the commissioner authorizes in writing to carry an
(2) a judicial officer;
(3) a law enforcement officer;
(4) a member of the armed forces of the United States or of
the National Guard or organized reserves, while the member
is on duty;
(5) a regularly enrolled member of an organization authorized
to purchase or receive an assault weapon from the United
States government or the government of Indiana who is at or
is going to or from:
(A) the place of assembly of the assault weapon; or
(B) target practice; or
(6) an employee of the United States authorized to carry an
who is acting within the scope of the person's duties.
Sec. 2. (a) As used in this chapter, "assault weapon" means the
(1) A semiautomatic center fire rifle that accepts a detachable
magazine with a capacity of at least twenty (20) rounds.
(2) A semiautomatic shotgun with a magazine capacity of
more than six (6) rounds.
(3) A semiautomatic handgun that is:
(A) a modification of a rifle described in subdivision (1) or
a modification of an automatic firearm; or
(B) originally designed to accept a detachable magazine
with a capacity of more than twenty (20) rounds.
(4) A firearm that may be restored to an operable assault
weapon described in subdivision (1), (2), or (3).
(5) A part or combination of parts designed or intended to
convert a firearm into an assault weapon described in
subdivision (1), (2), or (3).
(6) A combination of parts from which an assault weapon
described in subdivision (1), (2), or (3) may be readily
assembled if the same person possesses or controls the parts.
(b) The term does not include the following:
(1) A firearm that uses twenty-two hundredths (.22) caliber
rimfire ammunition with a detachable magazine that has a
capacity of thirty (30) rounds or less.
(2) An assault weapon that has been modified to make it
(A) inoperable; or
(B) a device no longer defined as an assault weapon.
Sec. 3. As used in this chapter, "automatic firearm" means a
firearm designed or specially adapted to fire a succession of
cartridges with a single function of the trigger.
Sec. 4. A person who knowingly or intentionally:
(2) offers or displays for sale;
(5) transfers ownership of;
(6) acquires; or
an assault weapon commits a Class C felony.
Sec. 5. A person who knowingly or intentionally operates a
loaded assault weapon commits a Class B felony.
Sec. 6. An assault weapon that is the subject of a violation of
section 4 or 5 of this chapter shall be seized and disposed of in
accordance with IC 35-47-3.
SOURCE: IC 35-50-2-13; (05)IN0398.1.3. -->
SECTION 3. IC 35-50-2-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 13. (a) The state may
seek, on a page separate from the rest of a charging instrument, to have
a person who allegedly committed an offense of dealing in a controlled
substance under IC 35-48-4-1 through IC 35-48-4-4 sentenced to an
additional fixed term of imprisonment if the state can show beyond a
reasonable doubt that the person knowingly or intentionally:
(1) used a firearm; or
handgun in violation of IC 35-47-2-1;
sawed-off shotgun in violation of IC 35-47-5-4.1;
machine gun in violation of IC 35-47-5-8; or
(D) an assault weapon in violation of IC 35-47-5.5-4;
while committing the offense.
(b) If after a sentencing hearing a court finds that a person
committed an offense as described in subsection (a), the court may
sentence the person to an additional fixed term of imprisonment of not
more than five (5) years, except as follows:
(1) If the firearm is a sawed-off shotgun, the court may sentence
the person to an additional fixed term of imprisonment of not
more than ten (10) years.
(2) If the firearm is:
(A) a machine gun or
is an assault weapon; or
(B) equipped with a firearm silencer or firearm muffler;
the court may sentence the person to an additional fixed term of
imprisonment of not more than twenty (20) years. The additional
sentence under this subdivision is in addition to any additional
sentence imposed under section 11 of this chapter for use of a
firearm in the commission of an offense.
SOURCE: ; (05)IN0398.1.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2005] (a) Notwithstanding
IC 35-47-5.5-4, as added by this act, a person who possesses an
assault weapon does not violate IC 35-47-5.5-4, as added by this
act, if the person does either of the following before October 1,
(1) Removes the firearm from Indiana.
(2) Modifies the firearm to make it permanently:
(A) inoperable; or
(B) a device no longer defined as an assault weapon under
IC 35-47-5.5-2, as added by this act.
(b) This SECTION expires October 2, 2005.
SOURCE: ; (05)IN0398.1.5. -->
SECTION 5. [EFFECTIVE JULY 1, 2005] This act applies only to
offenses committed after June 30, 2005.