Ind. Code § 35-47-2-1.5

Current through P.L. 171-2024
Section 35-47-2-1.5 - Unlawful carrying of a handgun
(a) The following terms are defined for this section:
(1) "Adjudicated a mental defective" means a determination by a court that a person:
(A) presents a danger to the person or to others; or
(B) lacks the mental capacity necessary to contract or manage the person's affairs.

The term includes a finding of insanity by a court in a criminal proceeding.

(2) "Alien" means any person who is not lawfully in the United States. The term includes:
(A) any person who has:
(i) entered the United States without inspection and authorization by an immigration officer; and
(ii) not been paroled into the United States under the federal Immigration and Nationality Act;
(B) a nonimmigrant:
(i) whose authorized period of stay has expired; or
(ii) who has violated the terms of the nonimmigrant category under which the person was admitted;
(C) a person paroled under the federal Immigration and Nationality Act whose period of parole has:
(i) expired; or
(ii) been terminated; and
(D) a person subject to an order:
(i) of deportation, exclusion, or removal; or
(ii) to depart the United States voluntarily;

regardless of whether or not the person has left the United States.

(3) "Committed to a mental institution" means the formal commitment of a person to a mental institution by a court. The term includes:
(A) a commitment for:
(i) a cognitive or mental defect; or
(ii) a mental illness; and
(B) involuntary commitments.

The term does not include voluntary commitments or a commitment made for observational purposes.

(4) "Crime of domestic violence" has the meaning set forth in IC 35-31.5-2-78.
(5) "Dangerous" has the meaning set forth in IC 35-47-14-1.
(6) "Fugitive from justice" means any person who:
(A) flees or leaves from any state to avoid prosecution for a felony or misdemeanor offense; or
(B) flees or leaves any state to avoid testifying in a criminal proceeding.
(7) "Indictment" means any formal accusation of a crime made by a prosecuting attorney in any court for a crime punishable by a term of imprisonment exceeding one (1) year.
(8) A crime or offense "punishable by a term of imprisonment exceeding one (1) year" does not include a federal or state crime or offense pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices.
(b) Except as provided in subsections (c) and (d), the following persons may not knowingly or intentionally carry a handgun:
(1) A person convicted of a federal or state offense punishable by a term of imprisonment exceeding one (1) year.
(2) A fugitive from justice.
(3) An alien.
(4) A person convicted of:
(A) a crime of domestic violence (IC 35-31.5-2-78);
(B) domestic battery (IC 35-42-2-1.3); or
(C) criminal stalking (IC 35-45-10-5).
(5) A person restrained by an order of protection issued under IC 34-26-5.
(6) A person under indictment.
(7) A person who has been:
(A) adjudicated dangerous under IC 35-47-14-6;
(B) adjudicated a mental defective; or
(C) committed to a mental institution.
(8) A person dishonorably discharged from:
(A) military service; or
(B) the National Guard.
(9) A person who renounces the person's United States citizenship in the manner described in 8 U.S.C. 1481.
(10) A person who is less than:
(A) eighteen (18) years of age; or
(B) twenty-three (23) years of age and has an adjudication as a delinquent child for an act described by IC 35-47-4-5;

unless authorized under IC 35-47-10.

(c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person if a court has restored the person's right to possess a firearm under IC 35-47-4-7.
(d) A person who has:
(1) been adjudicated dangerous under IC 35-47-14-6; and
(2) successfully petitioned for the return of a firearm under IC 35-47-14-8 with respect to the adjudication under subdivision (1);

is not prohibited from carrying a handgun under subsection (b) on the basis that the person was adjudicated dangerous under subdivision (1). However, the person may still be prohibited from carrying a handgun on one (1) or more of the other grounds listed in subsection (b).

(e) A person who violates this section commits unlawful carrying of a handgun, a Class A misdemeanor. However, the offense is a Level 5 felony if:
(1) the offense is committed:
(A) on or in school property;
(B) within five hundred (500) feet of school property; or
(C) on a school bus; or
(2) the person:
(A) has a prior conviction of any offense under:
(i) this section;
(ii) section 1 of this chapter (carrying a handgun without a license) (before its repeal); or
(iii) section 22 of this chapter; or
(B) has been convicted of a felony within fifteen (15) years before the date of the offense.

IC 35-47-2-1.5

Added by P.L. 175-2022,SEC. 9, eff. 7/1/2022.