Machine gun in IN

[aclark]

I thought theonly class III item that was illegal in Indiana was the SBS, but I was looking through the state code and found this. Can someone please clarify this for me?

IC 35-47-5-8
Machine gun
Sec. 8. A person who owns or possesses a machine gun commits a Class C felony.
As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.3; P.L.123-2002, SEC.43.
IC 35-47-5-9
Operating loaded machine gun
Sec. 9. A person who operates a loaded machine gun commits a Class B felony.
As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.4; P.L.123-2002, SEC.44.

 

[JosephR]

Hmm... That's got to be for people without the proper authority.

 

[Scutter01]

You need to quote the entire statute:

IC 35-47-5-10
Applicability of statutes relating to machine guns
Sec. 10. The provisions of section 8 or 9 of this chapter shall not be construed to apply to any of the following:
(1) Members of the military or naval forces of the United States, National Guard of Indiana, or Indiana State Guard, when on duty or practicing.
(2) Machine guns kept for display as relics and which are rendered harmless and not usable.
(3) Any of the law enforcement officers of this state or the United States while acting in the furtherance of their duties.
(4) Persons lawfully engaged in the display, testing, or use of fireworks.
(5) Agencies of state government.
(6) Persons permitted by law to engage in the business of manufacturing, assembling, conducting research on, or testing machine guns, airplanes, tanks, armored vehicles, or ordnance equipment or supplies while acting within the scope of such business.
(7) Persons possessing, or having applied to possess, machine guns under applicable United States statutes. Such machine guns must be transferred as provided in this article.

 

[Cwood]

this is why....

IC 35-47-5-10
Applicability of statutes relating to machine guns
Sec. 10. The provisions of section 8 or 9 of this chapter shall not be construed to apply to any of the following:
(1) Members of the military or naval forces of the United States, National Guard of Indiana, or Indiana State Guard, when on duty or practicing.
(2) Machine guns kept for display as relics and which are rendered harmless and not usable.
(3) Any of the law enforcement officers of this state or the United States while acting in the furtherance of their duties.
(4) Persons lawfully engaged in the display, testing, or use of fireworks.
(5) Agencies of state government.
(6) Persons permitted by law to engage in the business of manufacturing, assembling, conducting research on, or testing machine guns, airplanes, tanks, armored vehicles, or ordnance equipment or supplies while acting within the scope of such business.
(7) Persons possessing, or having applied to possess, machine guns under applicable United States statutes. Such machine guns must be transferred as provided in this article. (8) Persons lawfully engaged in the manufacture, transportation, distribution, use or possession of any material, substance, or device for the sole purpose of industrial, agricultural, mining, construction, educational, or any other lawful use.
As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.5; P.L.123-2002, SEC.45.

 

[indykid]

Interesting, Indiana used to be the most firearm friendly state in the nation, and if this reads correctly, there are a lot of new felons residing here!

Check the amendments, they might clear it up if it is a registered NFA weapon.

Guess I can't type fast enough!

 

[aclark]

ahh, sorry, I guess I scrolled past it without realizing what it said. thanks, im and idiot.

 

[Scutter01]

this is why....

I win.

 

[Cwood]

I win.

This time.........

 

[palerider0485]

you can own a machine gun. you must go through a the atf. and pay a 200 dollar tax on top of the high price for the gun to begin with.

 

[INGunGuy]

Something I find VERY interesting in the statutes is as follows:

IC 35-47-5-10
Applicability of statutes relating to machine guns
Sec. 10. The provisions of section 8 or 9 of this chapter shall not be construed to apply to any of the following:
(1) Members of the military or naval forces of the United States, National Guard of Indiana, or Indiana State Guard, when on duty or practicing.
(2) Machine guns kept for display as relics and which are rendered harmless and not usable.
(3) Any of the law enforcement officers of this state or the United States while acting in the furtherance of their duties.
(4) Persons lawfully engaged in the display, testing, or use of fireworks.
(5) Agencies of state government.
(6) Persons permitted by law to engage in the business of manufacturing, assembling, conducting research on, or testing machine guns, airplanes, tanks, armored vehicles, or ordnance equipment or supplies while acting within the scope of such business.
(7) Persons possessing, or having applied to possess, machine guns under applicable United States statutes. Such machine guns must be transferred as provided in this article. (8) Persons lawfully engaged in the manufacture, transportation, distribution, use or possession of any material, substance, or device for the sole purpose of industrial, agricultural, mining, construction, educational, or any other lawful use.

Does that mean if I own a farm or are shooting fireworks that I can legally own and operate a machine gun?

INGunGuy

 

[MyGlockRocks19]

Does that mean if I own a farm or are shooting fireworks that I can legally own and operate a machine gun?

INGunGuy

If so, I'm sure I can keep a package of sparklers on hand at all times.

 

[RelicHound]

this July 4th is gonna rock!!!

 

[Scutter01]

Does that mean if I own a farm or are shooting fireworks that I can legally own and operate a machine gun?

INGunGuy

Yes. That's exactly what that means. You STILL have to follow federal law as well, though.