So a NICS check is now required for all IN firearms transfers.. is this correct?

[Movealongmovealong]

30 Laws: Giving a gun to a felon will be against the law - TheStatehouseFile.com | TheStatehouseFile.com

The long and short of it is on July 1st, 2014 it seems it will be illegal for anyone to transfer a firearm to an improper person unless the seller has performed and gotten a clear go response on a NICS check, no exceptions... Is this true? I am suprised I didn't see anything on here about this coming doen the pipe. Maybe I missed it.

In any case, anybody else have more info? A couple google searches yielded nothing on this.

 

[MrsGungho]

the key word is KNOWINGLY

private sales are still good to go

 

[Kirk Freeman]

Good grief. Who wrote this? The 8th grade intern? It is delusional.

 

[sj kahr k40]

Isn't it already illegal to knowingly give an improper person a firearm? I'm cornfused!

 

[MrsGungho]

Isn't it already illegal to knowingly give an improper person a firearm? I'm cornfused!

yes it honestly is. I couldn't read the article without "signing in"

I wasn't willing to sign in, but I got enough to grasp what it was saying

 

[Kirk Freeman]

MrsGungho, hit print and then read it.

 

[GodFearinGunTotin]

Isn't it already illegal to knowingly give an improper person a firearm? I'm cornfused!

yes it honestly is.

This what I thought as well.

 

[ATM]

Isn't it already illegal to knowingly give an improper person a firearm? I'm cornfused!

Yes, it was and remains prohibited to knowingly transfer to an improper person.

Simply another example of poor uninformed journalism.

 

[Bravo-4-2]

Avoid scouring the Internet for sensational content from undesirable sources and you won't fill your head with this crap.

 

[bobzilla]

Simply another example of poor uninformed journalism.

I'm not sure that could be called "journalism".

 

[horsehaulin]

MrsGungho, hit print and then read it.

A lawyer telling us how to cheat the system? Say it ain't so! Lol!

J/J, I love it and thanks for the tip!

 

[2A_Tom]

Good grief. Who wrote this? The 8th grade intern? It is delusional.

The author is Seth Moron.

 

[Kirk Freeman]

Seth could have called me and I could have corrected his article in five minutes.

That is so bad he must be trying out for Reason.

 

[KG1]

To answer the OP's question. This new law does'nt require an NCIS check to conduct a private sale. You just can't knowingly sell to an improper person as has been previously posted.

 

[Bennettjh]

I read two paragraphs... I don't even know what to think.

I got to the part about "it's currently legal to give a firearm to a felon". WTH?

 

[CathyInBlue]

Is there more than one use of the legal term "proper person" in the IC? The only use I know of is for the granting of an LTCH by the ISP. Is it reused for purposes of commercial (or private) firearm sales?

 

[JettaKnight]

Good grief. Who wrote this? The 8th grade intern? It is delusional.

Seth Morin is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

 

[HoughMade]

Enacted in 1983...and there was probably a version before thet:

35-47-2-7. Prohibited sales or transfers [effective until July 1, 2014].

...(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.

Burns Ind. Code Ann. § 35-47-2-7

* * *

[Effective until July 1, 2014]...(b) A person who violates section 7, 17, or 18 [IC 35-47-2-7, IC 35-47-2-17, or IC 35-47-2-18] of this chapter commits a Class C felony.

Burns Ind. Code Ann. § 35-47-2-23

New statute...notice all the significant differences:

35-47-2-7. Prohibited sales or transfers [effective July 1, 2014].

...(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.

(c) A person who knowingly or intentionally violates this section commits a Level 5 felony.

Burns Ind. Code Ann. § 35-47-2-7

...and don't forget this:

18 U.S.C. 922...

...(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person--
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been committed to any mental institution;
(5) who, being an alien--
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) [who] has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that--
(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(B) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of domestic violence.

Back to the state code. Don't forget this one...effective now and for a long time:

35-41-2-4. Aiding, inducing, or causing an offense.

A person who knowingly or intentionally aids, induces, or causes another person to commit an offense commits that offense, even if the other person:

(1) Has not been prosecuted for the offense;

(2) Has not been convicted of the offense; or

(3) Has been acquitted of the offense.

Now combine that one with this one...which, again is and has been the law:

35-47-4-5. Possession of firearm by serious violent felon [effective until July 1, 2014].

(a) As used in this section, "serious violent felon" means a person who has been convicted of:
(1) committing a serious violent felony in:
(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a serious violent felony; or
(2) attempting to commit or conspiring to commit a serious violent felony in:
(A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of attempting to commit or conspiring to commit a serious violent felony.

(b) As used in this section, "serious violent felony" means:

(1) murder (IC 35-42-1-1);
(2) voluntary manslaughter (IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
(4) battery as a:
(A) Class A felony (IC 35-42-2-1(a)(5));
(B) Class B felony (IC 35-42-2-1(a)(4)); or
(C) Class C felony (IC 35-42-2-1(a)(3));
(5) aggravated battery (IC 35-42-2-1.5);
(6) kidnapping (IC 35-42-3-2);
(7) criminal confinement (IC 35-42-3-3);
(8) rape (IC 35-42-4-1);
(9) criminal deviate conduct (IC 35-42-4-2);
(10) child molesting (IC 35-42-4-3);
(11) sexual battery as a Class C felony (IC 35-42-4-8);
(12) robbery (IC 35-42-5-1);
(13) carjacking (IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony (IC 35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony (IC 35-43-2-1);
(16) assisting a criminal as a Class C felony (IC 35-44.1-2-5);
(17) resisting law enforcement as a Class B felony or Class C felony (IC 35-44.1-3-1);
(18) escape as a Class B felony or Class C felony (IC 35-44.1-3-4);
(19) trafficking with an inmate as a Class C felony (IC 35-44.1-3-5);
(20) criminal gang intimidation (IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);
(22) incest (IC 35-46-1-3);
(23) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
(24) dealing in methamphetamine (IC 35-48-4-1.1);
(25) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
(26) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
(27) dealing in a schedule V controlled substance (IC 35-48-4-4).

(c) A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Class B felony.

Burns Ind. Code Ann. § 35-47-4-5

So.....knowingly giving or selling a gun to a felon is legal until July 1, 2014? Don't take legal advice from journalists or student journalists.

 

[Light]

I'm not sure that could be called "journalism".

Yellow Journalism?

 

[Destro]

30 Laws: Giving a gun to a felon will be against the law - TheStatehouseFile.com | TheStatehouseFile.com

The long and short of it is on July 1st, 2014 it seems it will be illegal for anyone to transfer a firearm to an improper person unless the seller has performed and gotten a clear go response on a NICS check, no exceptions... Is this true? I am suprised I didn't see anything on here about this coming doen the pipe. Maybe I missed it.

In any case, anybody else have more info? A couple google searches yielded nothing on this.

They are also about to do away with the lifetime LTCH according to a buddy of mine. Something about the state losing money or something.