State of Indiana Firearms FAQ - Good Info

[Dave]

http://www.in.gov/isp/files/firearms_FAQ_02_08.pdf

 

[38special]

Some great information. I have seen questions raised regarding the new lifetime permit. This answers it.

 

[BrandonR]

I'm in no way an expert but this is why I think Indiana says 18 is the minimum even though federal law says 21. They could be keeping the "minimum age of 18" law in effect in case the Brady Laws are repealed which would then revert the age for purchasing in Indiana to 18. The Brady laws only have to do with purchasing the gun and nothing (that I'm aware of) with carrying, so if you're under 21 but have a valid Indiana license to carry you'll be fine. Where/how you buy the ammunition would be a different question, though.

 

[zerowolf]

Indiana allows one to purchase a handgun from an individual but not from a licensed dealer.

 

[karlsgunbunker]

My understanding is at 18 you can own a handgun but you can't purchase one. (Not sure about private sales)

 

[CarmelHP]

My understanding is at 18 you can own a handgun but you can't purchase one. (Not sure about private sales)

Indiana State law allows 18 year olds to purchase handguns, however, federal law bars FFL's from selling to anyone under 21, so it would have to be a private sale. Federal law allows possession of handguns by anyone 18 and older as long as it is not barred by the law of the state of residence.

 

[Paul]

Indiana State law allows 18 year olds to purchase handguns, however, federal law bars FFL's from selling to anyone under 21, so it would have to be a private sale. Federal law allows possession of handguns by anyone 18 and older as long as it is not barred by the law of the state of residence.

Correct, Im 20 and i own a handgun and its legal

 

[Fenway]

Ah ha. I see how that works.

Indiana State law allows 18 year olds to purchase handguns, however, federal law bars FFL's from selling to anyone under 21, so it would have to be a private sale. Federal law allows possession of handguns by anyone 18 and older as long as it is not barred by the law of the state of residence.

 

[in625shooter]

I'm not an expert but I was a police officer in Indiana for a number of years. What the deal is per the state criminal code (you can obtain these from your local prosicutors office) you can recive a handgun as a gift from a parent and or guardian at the age of 18-20 in Indiana. That is why the state allows an 18-20 year old to get a permit. You are legal to carry concealed a handgun at any age 18 and up as long as you have a permit. However as mentioned no one is allowed to purchase a handgun til age 21.

 

[Kirk Freeman]

alex, what is going on is the interaction of state and federal law.

In 1935 Indiana passed its License to Carry a Handgun (LTCH) statute setting 18 as the age to carry a pistol with license (carry, openly or concealed).

1968 in response to the racist rhetoric (both claimed African-American juveniles were causing crime) of Dodd and Kennedy the Safe Streets Act of 1968 (sometimes called the "Gun Control Act") set the minimum age of 21 for individuals to purchased handguns from FFLs. Note that the SSA of 1968 said nothing about carrying pistols, just purchasing.

Someone who is 18 may legally own a handgun. As long as the 18 legally owns the pistol (not stolen, etc.), the 18 year old may carry with a LTCH.

 

[CarmelHP]

the Safe Streets Act of 1968 (sometimes called the "Gun Control Act")

These are not the same. The Omnibus Crime Control and Safe Streets Act of 1968 (Pub.L. 90-351, June 19, 1968, 82 Stat. 197, 42 U.S.C. § 3711) and the Gun Control Act of 1968, Pub. L. No. 90-618, 82 Stat. 1213 are not the same. The Safe Streets Act set purchase age for sales by FFLs at 21, repealing but reincorporating most the Federal Firearms Act of 1938, Pub. L. No. 75-785, 52 Stat. 1250 (1938). GCA 68 set the pervasive scheme of licensing and record-keeping of firearms (and ammunition before FOPA 86) in motion.

 

[Virtus]

Looking at getting a IN handgun license to carry permit, but am confused by the two different types. There is the personal protection and also, the hunting/target type. I would most likely be using it mainly for target, but in (the hopefully unlikely) chance I need to use it as personal protection (from car, house) would like to not get in trouble by the law. For that reason, I would assume I should get the Personal Protection license. Is that a safe assumption? Does the Personal Protection cover target shooting too? (I assume yes)

 

[CarmelHP]

Yes, the Personal Protection license is, in essence, an unlimited license, while the others are limited to their stated purposes. BTW, get the lifetime while you're at it.

 

[Kirk Freeman]

Sometimes mistakenly referred to as . . . sorry for the confusion.

 

[NateIU10]

My understanding of the law is that those of us between ages 18 and 21 are allowed to legally purchase handguns from private parties, just not FFL dealers.

 

[Wabatuckian]

Link is dead...

 

[Bluedragon]

Correct, Im 20 and i own a handgun and its legal

Ditto. although i will be 21 this March

 

[Wabatuckian]

I'm selling a pistol, did a bunch of research, and the way it looks, the thing must be gifted from a parent or guardian. It will be in his or her name on the 4473.

The ISP site is now quiet on the subject.

This all really sucks, because I believe I should be able to sell to anyone I wish to, and I know some 18 year olds who are more mature than soem 40 year olds!

Josh <><

 

[Bill of Rights]

Link is dead...

New link:
http://www.in.gov/isp/files/firearms_FAQ_02_08.pdf

They just moved stuff around and maybe updated it a bit, considering the new filename.

Blessings,
Bill

 

[Wabatuckian]

Thank you, Bill!

[b]IC 35-47-2.5-14
Providing handgun to ineligible purchaser; exemptions[/b]

<snip>

[b](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[/b] 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.
As added by P.L.17-1997, SEC.8.
IC 35-47-2.5-15
[b]Ineligible purchaser attempting to purchase handgun; violation
Sec. 15. (a) A person who is ineligible to purchase or otherwise receive or possess a handgun
in Indiana who knowingly or intentionally solicits, employs, or assists any person in violating
section 14 of this chapter commits a Class D felony.[/b]
(b) If the violation involves a transfer of more than one (1) handgun, the offense is a Class C
felony.
As added by P.L.17-1997, SEC.8.

Reading this, it appears a private sale to anyone under 21 is a crime, and the pistol must be gifted to the person by a guardian.

The key word here is "intent." However, the last bold type seems to, where it says "A person who is ineligible to purchase"... I just don't know if that means "inelligible to purchase from an FFL" or what.

This is a gray area, and one that needs to be more properly defined. I do not know what the spirit of the law is intended to be, but the way I read it, if you're not a guardian or authorized person to provide a handgun to someone under 21, then both people could find themselves in a heap of trouble.

I really wanted this to go the other way, but I think that this sale on the handgun I have going on now will have to go to someone 21+, and I'll keep long guns (if I sell any in the future, doubtful) to 18+.

I wonder if this was intentionally left ambiguous?

Josh <><