LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6306 NOTE PREPARED: Dec 5, 2023
BILL NUMBER: HB 1044 BILL AMENDED:
SUBJECT: Minimum Age to Purchase Firearms.
FIRST AUTHOR: Rep. Errington BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. It makes it a Level 5 felony for a: (1) licensed importer, licensed manufacturer, licensed dealer, or
licensed collector (licensee); or (2) person who is not a licensee (private seller); to knowingly or
intentionally sell, trade, give, transport, deliver, or otherwise transfer a firearm to a person whom
the licensee or private seller knows is less than 21 years of age. It specifies exceptions that apply to
a private seller.
B. It requires a court to impose consecutive sentences upon a private seller who is convicted of certain
offenses.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Any increase in DOC’s offender population is expected to be minor.
A Level 5 felony is punishable by a prison term ranging from 1 to 6 years, with an advisory sentence of 3
years. The sentence depends on mitigating and aggravating circumstances. The average expenditure to house
an adult offender was $28,110 annually, or $76.96 daily, in FY 2023. (This does not include the cost of new
construction.) If offenders can be housed in existing facilities with no additional staff, the marginal cost for
medical care, food, and clothing is approximately $4,456 annually, or $12.21 daily, per prisoner. These
marginal cost estimates are based on contractual agreements with food and medical vendors and projections
based on prior years for clothing and hygiene. The estimated average cost of housing a juvenile in a state
juvenile facility was $112,655, or $308.43 daily, in FY 2023. The marginal cost for juvenile facilities was
$6,325 annually or $17.33 daily
HB 1044 1 The entire Level 5 sentence may be suspended and the person placed on either probation or community
corrections. If no time is suspended, the offender can receive good time credit of 25% and educational credit
time. After adjusting for credit time, the offender can be released from prison and placed on parole.
Explanation of State Revenues: If additional court cases occur and fines are collected, revenue to both the
Common School Fund and the state General Fund would increase. The maximum fine for a Level 5 felony
is $10,000. Criminal fines are deposited in the Common School Fund. The total fee revenue per case would
range between $113 and $135. The amount of court fees deposited will vary depending on whether the case
is filed in a court of record or a municipal court. The following linked document describes the fees and
distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
Explanation of Local Expenditures: If more defendants are detained in county jails prior to their court
hearings, local expenditures for jail operations may increase. The average cost per day is approximately
$64.53 based on the per diem payments reported by U.S. Marshals to house federal prisoners in 11 county
jails across Indiana during CY 2021.
Explanation of Local Revenues: If additional court actions occur and a guilty verdict is entered, more
revenue will be collected by certain local units. If the case is filed in a court of record, the county general
fund will receive $47.40 and qualifying municipalities will receive a share of $3.60. If the case is filed in a
municipal court, the county receives $30, and the municipality will receive $46. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and
civil violation cases.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Department of Correction; U.S. Department of Justice Marshals Service.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1044 2