IC 35-47-2.5-14
Providing handgun to ineligible purchaser; exemptions
<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.
As added by P.L.17-1997, SEC.8.
IC 35-47-2.5-15
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) 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 <><
Upon my initial re-reading of the statute I was confused because...
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.
As added by P.L.311-1983, SEC.32. Amended by P.L.33-1989, SEC.126; P.L.140-1994, SEC.8; P.L.269-1995, SEC.7.
...pretty clearly states that a handgun sale is not prohibited unless the person is under 18 (among other things not at issue here).
I then realized that the Statute you posted above was referring to "straw purchases". If you intentionally buy a gun for someone knowing that that they could not buy the same gun from a dealer for the sole purpose of transferring possession of that gun to them then that is illegal unless it is done under a parent-child/guardian-child relationship. If you didn't originally buy the gun for the sole purpose or reselling the gun to someone you know couldn't otherwise buy the gun from a dealer then it looks like you'll be fine.
IC 35-47-2-7 allows you to sell or give anyone over the age of 18 a handgun as long as they are not an otherwise prohibited person.
On another interesting note:
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.
The above chapter (IC 35-47-2.5) does not apply to LTCH holders.
Hmmm...