Buying a handgun without a permit

[eldirector]

Sorry for bring this thread back to LIFE found it via the FAQ and I wanted to know where in the IC it says (if it does) that a face to face handgun purchase is OK in Indiana. I know that is it LEGAL to buy a handgun from a private party in Indiana so long as
1) You are 18+
2) You have no reason to believe the other person is a felon
3) You know the other person is a resident of the state of Indiana

Is this correct? Where is the IC for this?
Thanks

IC 35-47-2-2
Excepted persons
Sec. 2. Section 1 of this chapter does not apply to:
(1) marshals;
(2) sheriffs;
(3) the commissioner of the department of correction or persons authorized by him in writing to carry firearms;
(4) judicial officers;
(5) law enforcement officers;
(6) members of the armed forces of the United States or of the national guard or organized reserves while they are on duty;
(7) regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States or from this state who are at or are going to or from their place of assembly or target practice;
(8) employees of the United States duly authorized to carry handguns;
(9) employees of express companies when engaged in company business;
(10) any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his possession, using, or carrying a handgun in the usual or ordinary course of that business; or
(11) any person while carrying a handgun unloaded and in a secure wrapper from the place of purchase to his dwelling or fixed place of business, or to a place of repair or back to his dwelling or fixed place of business, or in moving from one dwelling or business to another.
As added by P.L.311-1983, SEC.32.

Place of purchase is not defined. Nowhere does it day you CANNOT purchase from a private seller, or that you MUST purchase from a retailer. If you do not have your LTCH, you must simply go straight home with your new handgun, from wherever you just bought it.

My , and IANAL.

 

[Sigasaurus]

they can put you on up to a 5day hold. The first few guns I bought I was put on a hold. I ended up filing for a upin number.

 

[Regionnus Rattis]

they can put you on up to a 5day hold. The first few guns I bought I was put on a hold. I ended up filing for a upin number.

What did you do to earn a five day hold???

 

[jedi]

Place of purchase is not defined. Nowhere does it day you CANNOT purchase from a private seller, or that you MUST purchase from a retailer. If you do not have your LTCH, you must simply go straight home with your new handgun, from wherever you just bought it.

My , and IANAL.

Thanks but that does not answer the hold question (i think).
Where is the IC that states IN resident, 18+, etc... or is that fed law?

 

[Regionnus Rattis]

Thanks but that does not answer the hold question (i think).
Where is the IC that states IN resident, 18+, etc... or is that fed law?

I think it's a federal law and not a state law that requires a person to be +18 to buy a firearm and +21 to buy ammo

 

[ATM]

...Where is the IC that states IN resident, 18+, etc... or is that fed law?

IC 35-47-2-7

Prohibited sales or transfers of ownership
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) 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.

Federal firearms codes here: http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html

 

[Bill B]

Place of purchase is not defined. Nowhere does it day you CANNOT purchase from a private seller, or that you MUST purchase from a retailer. If you do not have your LTCH, you must simply go straight home with your new handgun, from wherever you just bought it.

My , and IANAL.

Until July 1st.

 

[Hiram2005]

What happens on July 1st?

 

[eldirector]

Until July 1st.

Yep! Then you can add "the range" on to that. Still gotta keep it in "a secure wrapper", unless you have your LTCH.

Slowly, but steadily, this state is getting better!

 

[Bill B]

What happens on July 1st?

Once gov. Daniels signs SB 506 you will be able to take it to the range without a LTCH, still gotta be in a "secure wrapper" though.

 

[kludge]

Also this:

Indiana Code 35-47-2.5


Note that IC 35-47-2.5-Sec.1(a)(3) provides a loophole for straw purchases. At least on a state level. YMMV.

IC 35-47-2.5
Chapter 2.5. Sale of Handguns
IC 35-47-2.5-1
Applicability; conflicts
Sec. 1. (a) This chapter does not apply to the following:
(1) Transactions between persons who are licensed as firearms importers or collectors or firearms manufacturers or dealers under 18 U.S.C. 923.
(2) Purchases by or sales to a law enforcement officer or agent of the United States, the state, or a county or local government.
(3) Indiana residents licensed to carry handguns under IC 35-47-2-3.
(b) Notwithstanding any other provision of this chapter, the state shall participate in the NICS if federal funds are available to assist the state in participating in the NICS. If:
(1) the state participates in the NICS; and
(2) there is a conflict between:
(A) a provision of this chapter; and
(B) a procedure required under the NICS;
the procedure required under the NICS prevails over the conflicting provision of this chapter.

<snip>

IC 35-47-2.5-14
Providing handgun to ineligible purchaser; exemptions
Sec. 14.

<snip>

(b) A person who purchases a handgun with the intent to:
(1) resell or otherwise provide the handgun to another person who the person knows or has reason to believe is ineligible for any reason to purchase or otherwise receive from a dealer a handgun; or
(2) transport the handgun out of the state to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm;
commits a Class D felony.
(c) If the violation of this section involves a transfer of more than one (1) handgun, the offense is a Class C felony.

 

[mdvorscak]

No wait period, they will just run a background check on you. Takes about 15 minutes.

 

[vxtip]

i dont think their is a code saying it is "ok", i think its ok because their isn't a code that says you can't do it.

i've always been aware of the the IC code as far as only being able to transport it home, your business, or to a gunsmith but... i would wager many, possibly most people who go buy a handgun who aren't avid gun owners and look up the indiana code dont know this. I know thats no excuse but its kind of ridiculous that once you buy the thing it has to go home and no other place, you can't even take it to a range to use it without breaking the law. I know i know, the law is the law, i have my lifetime permit so im not worried about it, it still unreasonable that their is no legal means of transporting it once its bought, you cant take it to a friends, you cant go to the range, that no amount of locking it up in the car makes it ok, it has to stay home. alright rant over.

 

[eldirector]

i dont think their is a code saying it is "ok", i think its ok because their isn't a code that says you can't do it.

i've always been aware of the the IC code as far as only being able to transport it home, your business, or to a gunsmith but... i would wager many, possibly most people who go buy a handgun who aren't avid gun owners and look up the indiana code dont know this. I know thats no excuse but its kind of ridiculous that once you buy the thing it has to go home and no other place, you can't even take it to a range to use it without breaking the law. I know i know, the law is the law, i have my lifetime permit so im not worried about it, it still unreasonable that their is no legal means of transporting it once its bought, you cant take it to a friends, you cant go to the range, that no amount of locking it up in the car makes it ok, it has to stay home. alright rant over.

Luckily, our Reps in the fancy building downtown agree with you! Assuming our man Mitch signs off, then starting July 1, unlicensed folks can transport (secured) to a range.

See:
Indiana General Assembly (SB 506)
and
https://www.indianagunowners.com/fo...gislative_session_finally-23.html#post1825700