Indiana 2025 Regular Session

Indiana Senate Bill SB0247 Compare Versions

Only one version of the bill is available at this time.
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22 Introduced Version
33 SENATE BILL No. 247
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 34-30-2.1-566.5; IC 35-31.5-2; IC 35-47.
77 Synopsis: Various firearms matters. Requires a person wishing to sell,
88 trade, or transfer (transfer) a firearm to another person to transact the
99 transfer through a dealer and provide the dealer with certain
1010 information. Specifies the background checks that a dealer must
1111 complete prior to the transaction. Permits a dealer to refuse to transact
1212 a firearm transfer. Requires a dealer to abort the transaction in other
1313 instances. Specifies requirements for a dealer who refuses to transact
1414 or aborts a firearm transfer. Makes a dealer immune from civil liability
1515 and damages in certain instances. Makes the offenses of firearm
1616 transfer fraud and the unlawful transfer of a firearm Level 6 felonies.
1717 Enhances both offenses in particular instances. Specifies exceptions
1818 and a defense. Requires a retail dealer to display a sign with language
1919 stating that failing to secure a firearm against unauthorized access
2020 poses a safety risk to children. Prohibits a licensed importer, licensed
2121 manufacturer, licensed dealer, or licensed collector from selling or
2222 delivering a: (1) firearm that is not a handgun to a person who is less
2323 than 21 years of age; or (2) semiautomatic assault weapon. Defines
2424 terms.
2525 Effective: July 1, 2025.
2626 Hunley
2727 January 9, 2025, read first time and referred to Committee on Corrections and Criminal
2828 Law.
2929 2025 IN 247—LS 6975/DI 144 Introduced
3030 First Regular Session of the 124th General Assembly (2025)
3131 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3232 Constitution) is being amended, the text of the existing provision will appear in this style type,
3333 additions will appear in this style type, and deletions will appear in this style type.
3434 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3535 provision adopted), the text of the new provision will appear in this style type. Also, the
3636 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3737 a new provision to the Indiana Code or the Indiana Constitution.
3838 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3939 between statutes enacted by the 2024 Regular Session of the General Assembly.
4040 SENATE BILL No. 247
4141 A BILL FOR AN ACT to amend the Indiana Code concerning
4242 criminal law and procedure.
4343 Be it enacted by the General Assembly of the State of Indiana:
4444 1 SECTION 1. IC 34-30-2.1-566.5 IS ADDED TO THE INDIANA
4545 2 CODE AS A NEW SECTION TO READ AS FOLLOWS
4646 3 [EFFECTIVE JULY 1, 2025]: Sec. 566.5. IC 35-47-2.5-4.5
4747 4 (Concerning the sale, trade, and transfer of firearms by dealers).
4848 5 SECTION 2. IC 35-31.5-2-25.5 IS ADDED TO THE INDIANA
4949 6 CODE AS A NEW SECTION TO READ AS FOLLOWS
5050 7 [EFFECTIVE JULY 1, 2025]: Sec. 25.5. "Barrel shroud", for
5151 8 purposes of IC 35-47-5.5, has the meaning set forth in
5252 9 IC 35-47-5.5-1.
5353 10 SECTION 3. IC 35-31.5-2-26.3 IS ADDED TO THE INDIANA
5454 11 CODE AS A NEW SECTION TO READ AS FOLLOWS
5555 12 [EFFECTIVE JULY 1, 2025]: Sec. 26.3. "Belt fed semiautomatic
5656 13 firearm", for purposes of IC 35-47-5.5, has the meaning set forth
5757 14 in IC 35-47-5.5-2.
5858 15 SECTION 4. IC 35-31.5-2-92.5 IS ADDED TO THE INDIANA
5959 16 CODE AS A NEW SECTION TO READ AS FOLLOWS
6060 17 [EFFECTIVE JULY 1, 2025]: Sec. 92.5. "Detachable magazine", for
6161 2025 IN 247—LS 6975/DI 144 2
6262 1 purposes of IC 35-47-5.5, has the meaning set forth in
6363 2 IC 35-47-5.5-3.
6464 3 SECTION 5. IC 35-31.5-2-136.2 IS ADDED TO THE INDIANA
6565 4 CODE AS A NEW SECTION TO READ AS FOLLOWS
6666 5 [EFFECTIVE JULY 1, 2025]: Sec. 136.2. "Fixed magazine", for
6767 6 purposes of IC 35-47-5.5, has the meaning set forth in
6868 7 IC 35-47-5.5-4.
6969 8 SECTION 6. IC 35-31.5-2-136.5 IS ADDED TO THE INDIANA
7070 9 CODE AS A NEW SECTION TO READ AS FOLLOWS
7171 10 [EFFECTIVE JULY 1, 2025]: Sec. 136.5. "Folding, telescoping, or
7272 11 detachable stock", for purposes of IC 35-47-5.5, has the meaning
7373 12 set forth in IC 35-47-5.5-5.
7474 13 SECTION 7. IC 35-31.5-2-139.1 IS ADDED TO THE INDIANA
7575 14 CODE AS A NEW SECTION TO READ AS FOLLOWS
7676 15 [EFFECTIVE JULY 1, 2025]: Sec. 139.1. "Forward grip", for
7777 16 purposes of IC 35-47-5.5, has the meaning set forth in
7878 17 IC 35-47-5.5-6.
7979 18 SECTION 8. IC 35-31.5-2-146.5 IS ADDED TO THE INDIANA
8080 19 CODE AS A NEW SECTION TO READ AS FOLLOWS
8181 20 [EFFECTIVE JULY 1, 2025]: Sec. 146.5. "Grenade launcher", for
8282 21 purposes of IC 35-47-5.5, has the meaning set forth in
8383 22 IC 35-47-5.5-7.
8484 23 SECTION 9. IC 35-31.5-2-187.5 IS ADDED TO THE INDIANA
8585 24 CODE AS A NEW SECTION TO READ AS FOLLOWS
8686 25 [EFFECTIVE JULY 1, 2025]: Sec. 187.5. "Licensed importer,
8787 26 licensed manufacturer, licensed dealer, or licensed collector", for
8888 27 purposes of IC 35-47-4-10 and IC 35-47-5.5, has the meaning set
8989 28 forth in IC 35-47-5.5-8.
9090 29 SECTION 10. IC 35-31.5-2-210.5, AS ADDED BY P.L.66-2016,
9191 30 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9292 31 JULY 1, 2025]: Sec. 210.5. "NFA firearm", for purposes of
9393 32 IC 35-47-2.5-4.5 and IC 35-47-8.5, has the meaning set forth in
9494 33 IC 35-47-8.5-1.
9595 34 SECTION 11. IC 35-31.5-2-235.6 IS ADDED TO THE INDIANA
9696 35 CODE AS A NEW SECTION TO READ AS FOLLOWS
9797 36 [EFFECTIVE JULY 1, 2025]: Sec. 235.6. "Pistol grip", for purposes
9898 37 of IC 35-47-5.5, has the meaning set forth in IC 35-47-5.5-9.
9999 38 SECTION 12. IC 35-31.5-2-273.4, AS ADDED BY P.L.58-2020,
100100 39 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
101101 40 JULY 1, 2025]: Sec. 273.4. (a) "Relative", for purposes of IC 35-40.5,
102102 41 has the meaning set forth in IC 35-40.5-1-1.
103103 42 (b) "Relative", for purposes of IC 35-47-2.5-4.5, has the
104104 2025 IN 247—LS 6975/DI 144 3
105105 1 meaning set forth in IC 35-42-2-1(b).
106106 2 SECTION 13. IC 35-31.5-2-291.4 IS ADDED TO THE INDIANA
107107 3 CODE AS A NEW SECTION TO READ AS FOLLOWS
108108 4 [EFFECTIVE JULY 1, 2025]: Sec. 291.4. "Semiautomatic assault
109109 5 weapon", for purposes of IC 35-47-5.5, has the meaning set forth
110110 6 in IC 35-47-5.5-10.
111111 7 SECTION 14. IC 35-31.5-2-291.5 IS ADDED TO THE INDIANA
112112 8 CODE AS A NEW SECTION TO READ AS FOLLOWS
113113 9 [EFFECTIVE JULY 1, 2025]: Sec. 291.5. "Semiautomatic pistol",
114114 10 for purposes of IC 35-47-5.5, has the meaning set forth in
115115 11 IC 35-47-5.5-11.
116116 12 SECTION 15. IC 35-31.5-2-291.6 IS ADDED TO THE INDIANA
117117 13 CODE AS A NEW SECTION TO READ AS FOLLOWS
118118 14 [EFFECTIVE JULY 1, 2025]: Sec. 291.6. "Semiautomatic rifle", for
119119 15 purposes of IC 35-47-5.5, has the meaning set forth in
120120 16 IC 35-47-5.5-12.
121121 17 SECTION 16. IC 35-31.5-2-291.7 IS ADDED TO THE INDIANA
122122 18 CODE AS A NEW SECTION TO READ AS FOLLOWS
123123 19 [EFFECTIVE JULY 1, 2025]: Sec. 291.7. "Semiautomatic shotgun",
124124 20 for purposes of IC 35-47-5.5, has the meaning set forth in
125125 21 IC 35-47-5.5-13.
126126 22 SECTION 17. IC 35-31.5-2-329.8 IS ADDED TO THE INDIANA
127127 23 CODE AS A NEW SECTION TO READ AS FOLLOWS
128128 24 [EFFECTIVE JULY 1, 2025]: Sec. 329.8. "Threaded barrel", for
129129 25 purposes of IC 35-47-5.5, has the meaning set forth in
130130 26 IC 35-47-5.5-14.
131131 27 SECTION 18. IC 35-47-1-2.6 IS ADDED TO THE INDIANA
132132 28 CODE AS A NEW SECTION TO READ AS FOLLOWS
133133 29 [EFFECTIVE JULY 1, 2025]: Sec. 2.6. "Barrel shroud", for
134134 30 purposes of IC 35-47-5.5, has the meaning set forth in
135135 31 IC 35-47-5.5-1.
136136 32 SECTION 19. IC 35-47-1-2.7 IS ADDED TO THE INDIANA
137137 33 CODE AS A NEW SECTION TO READ AS FOLLOWS
138138 34 [EFFECTIVE JULY 1, 2025]: Sec. 2.7. "Belt fed semiautomatic
139139 35 firearm", for purposes of IC 35-47-5.5, has the meaning set forth
140140 36 in IC 35-47-5.5-2.
141141 37 SECTION 20. IC 35-47-1-3.5 IS ADDED TO THE INDIANA
142142 38 CODE AS A NEW SECTION TO READ AS FOLLOWS
143143 39 [EFFECTIVE JULY 1, 2025]: Sec. 3.5. "Detachable magazine", for
144144 40 purposes of IC 35-47-5.5, has the meaning set forth in
145145 41 IC 35-47-5.5-3.
146146 42 SECTION 21. IC 35-47-1-5.2 IS ADDED TO THE INDIANA
147147 2025 IN 247—LS 6975/DI 144 4
148148 1 CODE AS A NEW SECTION TO READ AS FOLLOWS
149149 2 [EFFECTIVE JULY 1, 2025]: Sec. 5.2. "Fixed magazine", for
150150 3 purposes of IC 35-47-5.5, has the meaning set forth in
151151 4 IC 35-47-5.5-4.
152152 5 SECTION 22. IC 35-47-1-5.3 IS ADDED TO THE INDIANA
153153 6 CODE AS A NEW SECTION TO READ AS FOLLOWS
154154 7 [EFFECTIVE JULY 1, 2025]: Sec. 5.3. "Folding, telescoping, or
155155 8 detachable stock", for purposes of IC 35-47-5.5, has the meaning
156156 9 set forth in IC 35-47-5.5-5.
157157 10 SECTION 23. IC 35-47-1-5.4 IS ADDED TO THE INDIANA
158158 11 CODE AS A NEW SECTION TO READ AS FOLLOWS
159159 12 [EFFECTIVE JULY 1, 2025]: Sec. 5.4. "Forward grip", for
160160 13 purposes of IC 35-47-5.5, has the meaning set forth in
161161 14 IC 35-47-5.5-6.
162162 15 SECTION 24. IC 35-47-1-5.6 IS ADDED TO THE INDIANA
163163 16 CODE AS A NEW SECTION TO READ AS FOLLOWS
164164 17 [EFFECTIVE JULY 1, 2025]: Sec. 5.6. "Grenade launcher", for
165165 18 purposes of IC 35-47-5.5, has the meaning set forth in
166166 19 IC 35-47-5.5-7.
167167 20 SECTION 25. IC 35-47-1-6.5 IS ADDED TO THE INDIANA
168168 21 CODE AS A NEW SECTION TO READ AS FOLLOWS
169169 22 [EFFECTIVE JULY 1, 2025]: Sec. 6.5. "Licensed importer, licensed
170170 23 manufacturer, licensed dealer, or licensed collector", for purposes
171171 24 of IC 35-47-4-10 and IC 35-47-5.5, has the meaning set forth in
172172 25 IC 35-47-5.5-8.
173173 26 SECTION 26. IC 35-47-1-6.7 IS ADDED TO THE INDIANA
174174 27 CODE AS A NEW SECTION TO READ AS FOLLOWS
175175 28 [EFFECTIVE JULY 1, 2025]: Sec. 6.7. "NFA firearm" has the
176176 29 meaning set forth in IC 35-47-8.5-1.
177177 30 SECTION 27. IC 35-47-1-6.8 IS ADDED TO THE INDIANA
178178 31 CODE AS A NEW SECTION TO READ AS FOLLOWS
179179 32 [EFFECTIVE JULY 1, 2025]: Sec. 6.8. "Pistol grip", for purposes of
180180 33 IC 35-47-5.5, has the meaning set forth in IC 35-47-5.5-9.
181181 34 SECTION 28. IC 35-47-1-8.5 IS ADDED TO THE INDIANA
182182 35 CODE AS A NEW SECTION TO READ AS FOLLOWS
183183 36 [EFFECTIVE JULY 1, 2025]: Sec. 8.5. "Relative" has the meaning
184184 37 set forth in IC 35-42-2-1(b).
185185 38 SECTION 29. IC 35-47-1-10.4 IS ADDED TO THE INDIANA
186186 39 CODE AS A NEW SECTION TO READ AS FOLLOWS
187187 40 [EFFECTIVE JULY 1, 2025]: Sec. 10.4. "Semiautomatic assault
188188 41 weapon", for purposes of IC 35-47-5.5, has the meaning set forth
189189 42 in IC 35-47-5.5-10.
190190 2025 IN 247—LS 6975/DI 144 5
191191 1 SECTION 30. IC 35-47-1-10.5 IS ADDED TO THE INDIANA
192192 2 CODE AS A NEW SECTION TO READ AS FOLLOWS
193193 3 [EFFECTIVE JULY 1, 2025]: Sec. 10.5. "Semiautomatic pistol", for
194194 4 purposes of IC 35-47-5.5, has the meaning set forth in
195195 5 IC 35-47-5.5-11.
196196 6 SECTION 31. IC 35-47-1-10.6 IS ADDED TO THE INDIANA
197197 7 CODE AS A NEW SECTION TO READ AS FOLLOWS
198198 8 [EFFECTIVE JULY 1, 2025]: Sec. 10.6. "Semiautomatic rifle", for
199199 9 purposes of IC 35-47-5.5, has the meaning set forth in
200200 10 IC 35-47-5.5-12.
201201 11 SECTION 32. IC 35-47-1-10.7 IS ADDED TO THE INDIANA
202202 12 CODE AS A NEW SECTION TO READ AS FOLLOWS
203203 13 [EFFECTIVE JULY 1, 2025]: Sec. 10.7. "Semiautomatic shotgun",
204204 14 for purposes of IC 35-47-5.5, has the meaning set forth in
205205 15 IC 35-47-5.5-13.
206206 16 SECTION 33. IC 35-47-1-12.5 IS ADDED TO THE INDIANA
207207 17 CODE AS A NEW SECTION TO READ AS FOLLOWS
208208 18 [EFFECTIVE JULY 1, 2025]: Sec. 12.5. "Threaded barrel", for
209209 19 purposes of IC 35-47-5.5, has the meaning set forth in
210210 20 IC 35-47-5.5-14.
211211 21 SECTION 34. IC 35-47-2-14.5 IS ADDED TO THE INDIANA
212212 22 CODE AS A NEW SECTION TO READ AS FOLLOWS
213213 23 [EFFECTIVE JULY 1, 2025]: Sec. 14.5. (a) A retail dealer shall
214214 24 conspicuously display at the site of the retail dealer's business a
215215 25 sign with the following language:
216216 26 "FAILING TO SECURE A FIREARM AGAINST
217217 27 UNAUTHORIZED ACCESS POSES A SAFETY RISK TO
218218 28 CHILDREN.".
219219 29 (b) A retail dealer who knowingly or intentionally violates
220220 30 subsection (a) commits a Class C infraction. However, the violation
221221 31 is a Class A infraction if the retail dealer has a prior unrelated
222222 32 adjudication for the violation.
223223 33 SECTION 35. IC 35-47-2.5-4.5 IS ADDED TO THE INDIANA
224224 34 CODE AS A NEW SECTION TO READ AS FOLLOWS
225225 35 [EFFECTIVE JULY 1, 2025]: Sec. 4.5. (a) This section does not
226226 36 apply to:
227227 37 (1) a law enforcement officer acting within the scope of the
228228 38 officer's official duties;
229229 39 (2) active duty members of the armed forces of the United
230230 40 States acting within the scope of their official duties;
231231 41 (3) any action or activity described in IC 35-47-10-1(b);
232232 42 (4) the temporary transfer of a firearm to another person:
233233 2025 IN 247—LS 6975/DI 144 6
234234 1 (A) while at a shooting range (as defined in
235235 2 IC 14-22-31.5-3);
236236 3 (B) for the purpose of providing or receiving instruction
237237 4 during a firearms instructional course; or
238238 5 (C) for the purpose of engaging in a legal hunting activity;
239239 6 (5) the receipt of a firearm by a gunsmith or armorer for the
240240 7 purpose of repair or modification;
241241 8 (6) the receipt of a firearm by a person who is:
242242 9 (A) required to carry, handle, or transport a firearm as a
243243 10 result of a commercial or professional responsibility; and
244244 11 (B) acting within the scope of the person's commercial or
245245 12 professional responsibilities at the time of the person's
246246 13 receipt, possession, or transfer of the firearm;
247247 14 (7) a dealer who is selling, trading, or transferring a firearm
248248 15 to another dealer; or
249249 16 (8) a person who transfers a firearm to a relative.
250250 17 (b) A person who wishes to sell, trade, or transfer a firearm to
251251 18 another person must:
252252 19 (1) transact the sale, trade, or transfer through a dealer; and
253253 20 (2) provide the dealer with:
254254 21 (A) the name, date of birth, and residential address of the
255255 22 seller of the firearm;
256256 23 (B) the name, date of birth, and residential address of the
257257 24 recipient of the firearm; and
258258 25 (C) any other information required by:
259259 26 (i) Form 4473; or
260260 27 (ii) the dealer;
261261 28 for the purpose of submitting the respective identities of
262262 29 the seller and recipient to NICS.
263263 30 (c) A dealer must do the following before transacting any sale,
264264 31 trade, or transfer of a firearm between private parties:
265265 32 (1) Successfully contact NICS.
266266 33 (2) Receive authorization from NICS to complete the
267267 34 requested sale, trade, or transfer of the firearm before
268268 35 performing the requested sale, trade, or transfer.
269269 36 (3) Comply with all applicable federal laws concerning the
270270 37 private sale, trade, or transfer of a firearm.
271271 38 (d) A dealer may:
272272 39 (1) charge a fee for the dealer's role in transacting the sale,
273273 40 trade, or transfer of a firearm; and
274274 41 (2) refuse to transact the sale, trade, or transfer of a firearm
275275 42 for any reason.
276276 2025 IN 247—LS 6975/DI 144 7
277277 1 If a dealer refuses to transact a sale, trade, or transfer, the dealer
278278 2 must provide to the prospective recipient and prospective seller a
279279 3 written explanation for the dealer's refusal to transact the
280280 4 requested sale, trade, or transfer.
281281 5 (e) Except as provided in subsections (f), (g), (h), and (i), a
282282 6 dealer who refuses to transact the sale, trade, or transfer of a
283283 7 firearm under subsection (d) must do the following:
284284 8 (1) As soon as practicable, inform the seller and intended
285285 9 recipient of the firearm of the dealer's decision to not transact
286286 10 the sale, trade, or transfer of the firearm.
287287 11 (2) Return any fee originally charged by the dealer for the
288288 12 dealer's role in transacting the sale, trade, or transfer of the
289289 13 firearm to the appropriate party or parties.
290290 14 (3) Return the firearm to be sold, traded, or transferred to the
291291 15 seller if:
292292 16 (A) the firearm is in the dealer's control or possession at
293293 17 the time the dealer refuses to transact the sale, trade, or
294294 18 transfer of the firearm; and
295295 19 (B) the seller is not otherwise prohibited under federal or
296296 20 state law from possessing a firearm or NFA firearm, as
297297 21 applicable.
298298 22 (f) A dealer who discovers that the seller of a firearm is not
299299 23 eligible, under federal or state law, to possess a firearm or an NFA
300300 24 firearm, as applicable, must:
301301 25 (1) comply with subsection (e)(1);
302302 26 (2) maintain custody of the firearm;
303303 27 (3) surrender the firearm to the state police not later than
304304 28 twenty-four (24) hours after learning of the seller's inability
305305 29 to possess the firearm or NFA firearm, as applicable; and
306306 30 (4) comply with all applicable federal laws concerning the
307307 31 transfer of a firearm.
308308 32 A dealer who is unable to transact the sale, trade, or transfer of a
309309 33 firearm due to the inability of the seller to possess a firearm or
310310 34 NFA firearm, as applicable, is not required to return any fee
311311 35 originally charged to the seller for the dealer's role in the
312312 36 attempted transaction.
313313 37 (g) A dealer who discovers that the intended recipient of a
314314 38 firearm is not eligible, under federal or state law, to possess a
315315 39 firearm or an NFA firearm, as applicable, must:
316316 40 (1) comply with subsection (e)(1);
317317 41 (2) maintain custody of the firearm;
318318 42 (3) return the firearm to the seller as soon as practicable if the
319319 2025 IN 247—LS 6975/DI 144 8
320320 1 seller is not otherwise prohibited under federal or state law
321321 2 from possessing the firearm or NFA firearm, as applicable;
322322 3 and
323323 4 (4) comply with all applicable federal laws concerning the
324324 5 transfer of a firearm.
325325 6 A dealer who is unable to transact the sale, trade, or transfer of a
326326 7 firearm due to the inability of the intended recipient to possess a
327327 8 firearm or NFA firearm, as applicable, is not required to return
328328 9 any fee originally charged to the intended recipient for the dealer's
329329 10 role in the attempted transaction.
330330 11 (h) A dealer who discovers that the seller of a firearm and the
331331 12 intended recipient of the firearm are not eligible, under federal or
332332 13 state law, to possess a firearm or an NFA firearm, as applicable,
333333 14 must:
334334 15 (1) comply with subsection (e)(1);
335335 16 (2) maintain custody of the firearm;
336336 17 (3) surrender the firearm to the state police not later than
337337 18 twenty-four (24) hours after learning of the seller's and
338338 19 intended recipient's inability to possess the firearm or NFA
339339 20 firearm, as applicable; and
340340 21 (4) comply with all applicable federal laws concerning the
341341 22 transfer of a firearm.
342342 23 A dealer who is unable to transact the sale, trade, or transfer of a
343343 24 firearm due to the inability of the seller and the intended recipient
344344 25 to possess a firearm or NFA firearm, as applicable, is not required
345345 26 to return any fee originally charged to the seller or the intended
346346 27 recipient for the dealer's role in the attempted transaction.
347347 28 (i) A dealer who discovers that a firearm to be sold, traded, or
348348 29 transferred has been:
349349 30 (1) reported:
350350 31 (A) lost; or
351351 32 (B) stolen; or
352352 33 (2) used in the commission of a crime;
353353 34 must comply with subsection (e)(1), maintain custody of the
354354 35 firearm, and surrender the firearm to the state police not later
355355 36 than twenty-four (24) hours after learning of the firearm's lost,
356356 37 stolen, or criminal activity status and comply with all applicable
357357 38 federal laws concerning the transfer of a firearm. A dealer who is
358358 39 unable to transact the sale, trade, or transfer of a firearm due to
359359 40 the lost, stolen, or criminal activity status of a firearm to be sold,
360360 41 traded, or transferred is not required to return any fee originally
361361 42 charged to the seller or intended recipient for the dealer's role in
362362 2025 IN 247—LS 6975/DI 144 9
363363 1 the attempted transaction.
364364 2 (j) A dealer who:
365365 3 (1) refuses to transact the sale, trade, or transfer of a firearm
366366 4 under subsection (d)(2) and complies with subsection (e); or
367367 5 (2) aborts the sale, trade, or transfer of a firearm for a
368368 6 reason:
369369 7 (A) described in subsection (f), (g), (h), or (i); or
370370 8 (B) required under federal or state law;
371371 9 shall be immune from civil liability and damages, including
372372 10 punitive damages, for any act or omission related to the dealer's
373373 11 decision to terminate a firearm sale, trade, or transfer described in
374374 12 subdivisions (1) and (2). If a dealer is not liable under this
375375 13 subsection, no person, by reason of an agency relationship with the
376376 14 dealer, may be held liable for any damages, including punitive
377377 15 damages, related to a terminated sale, trade, or transfer of a
378378 16 firearm.
379379 17 (k) A person who knowingly or intentionally makes a materially
380380 18 false statement to a dealer for the purpose of completing a
381381 19 transaction described in this section commits firearm transfer
382382 20 fraud, a Level 6 felony. However, the offense is a Level 5 felony if
383383 21 the person has a prior unrelated conviction under this subsection.
384384 22 (l) A dealer who knowingly or intentionally transacts the sale,
385385 23 trade, or transfer of a firearm:
386386 24 (1) without contacting NICS;
387387 25 (2) without receiving authorization from NICS to proceed
388388 26 with the requested sale, trade, or transfer of the firearm
389389 27 before transacting the requested sale, trade, or transfer of the
390390 28 firearm; or
391391 29 (3) in violation of a NICS instruction to terminate the
392392 30 requested sale, trade, or transfer of the firearm;
393393 31 commits unlawful transfer of a firearm, a Level 6 felony. However,
394394 32 the offense is a Level 5 felony if the person has a prior unrelated
395395 33 conviction for an offense under this subsection.
396396 34 (m) It is a defense to a prosecution under subsection (l) that a
397397 35 dealer received authorization from NICS to transact a sale, trade,
398398 36 or transfer of a firearm.
399399 37 SECTION 36. IC 35-47-4-10 IS ADDED TO THE INDIANA
400400 38 CODE AS A NEW SECTION TO READ AS FOLLOWS
401401 39 [EFFECTIVE JULY 1, 2025]: Sec. 10. A licensed importer, licensed
402402 40 manufacturer, licensed dealer, or licensed collector may not sell or
403403 41 deliver a firearm that is not a handgun to a person who is less than
404404 42 twenty-one (21) years of age.
405405 2025 IN 247—LS 6975/DI 144 10
406406 1 SECTION 37. IC 35-47-5.5 IS ADDED TO THE INDIANA CODE
407407 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
408408 3 JULY 1, 2025]:
409409 4 Chapter 5.5. Regulation of Assault Weapons
410410 5 Sec. 1. (a) As used in this chapter and except as provided in
411411 6 subsection (b), "barrel shroud" means a shroud that:
412412 7 (1) is attached to; or
413413 8 (2) partially or completely encircles;
414414 9 the barrel of a firearm so that the shroud protects the user of the
415415 10 firearm from heat generated by the barrel.
416416 11 (b) The term does not include:
417417 12 (1) a slide that partially or completely encloses the barrel; or
418418 13 (2) an extension of the stock along the bottom of the barrel
419419 14 that does not encircle or substantially encircle the barrel.
420420 15 Sec. 2. As used in this chapter, "belt fed semiautomatic firearm"
421421 16 means a repeating firearm that:
422422 17 (1) uses a portion of the energy of a firing cartridge to:
423423 18 (A) extract the fired cartridge case; and
424424 19 (B) chamber the next round;
425425 20 (2) requires a separate pull of the trigger to fire each
426426 21 cartridge; and
427427 22 (3) has the capacity to accept a belt ammunition feeding
428428 23 device.
429429 24 Sec. 3. As used in this chapter, "detachable magazine" means an
430430 25 ammunition feeding device that can be removed from a firearm
431431 26 without disassembly of the firearm action.
432432 27 Sec. 4. As used in this chapter, "fixed magazine" means an
433433 28 ammunition feeding device that is permanently fixed to the firearm
434434 29 in such a manner that it cannot be removed without disassembly of
435435 30 the firearm.
436436 31 Sec. 5. As used in this chapter, "folding, telescoping, or
437437 32 detachable stock" means a stock that folds, telescopes, detaches, or
438438 33 otherwise operates to:
439439 34 (1) reduce the length, size, or any other dimension of; or
440440 35 (2) otherwise enhance the ability to conceal;
441441 36 a firearm.
442442 37 Sec. 6. As used in this chapter, "forward grip" means a grip
443443 38 located forward of the trigger that functions as a pistol grip.
444444 39 Sec. 7. As used in this chapter, "grenade launcher" means an
445445 40 attachment for use on a firearm that is designed to propel a
446446 41 grenade or other similar destructive device.
447447 42 Sec. 8. As used in this chapter, "licensed importer, licensed
448448 2025 IN 247—LS 6975/DI 144 11
449449 1 manufacturer, licensed dealer, or licensed collector" has the
450450 2 meaning set forth in 18 U.S.C. 921(a) corresponding to each term,
451451 3 as applicable.
452452 4 Sec. 9. As used in this chapter, "pistol grip" means a grip, a
453453 5 thumbhole stock or Thordsen-type grip or stock, or any other
454454 6 characteristic that can function as a grip.
455455 7 Sec. 10. As used in this chapter, "semiautomatic assault
456456 8 weapon" means any of the following, regardless of the country of
457457 9 manufacture or the caliber of ammunition accepted:
458458 10 (1) A semiautomatic rifle that has the capacity to accept a
459459 11 detachable magazine and at least one (1) of the following:
460460 12 (A) A pistol grip.
461461 13 (B) A forward grip.
462462 14 (C) A folding, telescoping, or detachable stock.
463463 15 (D) A capability to be otherwise foldable or adjustable in
464464 16 a manner that:
465465 17 (i) operates to reduce the length, size, or any other
466466 18 dimension of; or
467467 19 (ii) otherwise enhances the ability to conceal;
468468 20 the weapon.
469469 21 (E) A grenade launcher.
470470 22 (F) A barrel shroud.
471471 23 (G) A threaded barrel.
472472 24 (2) A semiautomatic rifle that has a fixed magazine with the
473473 25 capacity to accept more than ten (10) rounds. This subdivision
474474 26 does not include an attached tubular device that is:
475475 27 (A) designed to accept; and
476476 28 (B) capable of operating only with;
477477 29 .22 caliber rimfire ammunition.
478478 30 (3) A part, combination of parts, component, device,
479479 31 attachment, or accessory that:
480480 32 (A) is designed; or
481481 33 (B) functions;
482482 34 to accelerate the rate of fire of a semiautomatic rifle but not
483483 35 convert the semiautomatic rifle into a machine gun.
484484 36 (4) A semiautomatic pistol that has the capacity to accept a
485485 37 detachable magazine and:
486486 38 (A) has:
487487 39 (i) a threaded barrel;
488488 40 (ii) a second pistol grip;
489489 41 (iii) a barrel shroud;
490490 42 (iv) the capacity to accept a detachable magazine at some
491491 2025 IN 247—LS 6975/DI 144 12
492492 1 location outside of the pistol grip;
493493 2 (v) a manufactured weight of fifty (50) ounces or more
494494 3 when unloaded; or
495495 4 (vi) a stabilizing brace or similar component; or
496496 5 (B) is a semiautomatic version of an automatic firearm.
497497 6 (5) A semiautomatic pistol with a fixed magazine that has the
498498 7 capacity to accept more than ten (10) rounds.
499499 8 (6) A semiautomatic shotgun that has at least one (1) of the
500500 9 following:
501501 10 (A) A folding, telescoping, or detachable stock.
502502 11 (B) A pistol grip.
503503 12 (C) A fixed magazine with the capacity to accept more than
504504 13 five (5) rounds.
505505 14 (D) The ability to accept a detachable magazine.
506506 15 (E) A forward grip.
507507 16 (F) A grenade launcher.
508508 17 (7) A shotgun with a revolving cylinder.
509509 18 (8) A belt fed semiautomatic firearm.
510510 19 (9) Any combination of parts from which a firearm described
511511 20 in subdivisions (1) through (8) can be assembled.
512512 21 Sec. 11. As used in this chapter, "semiautomatic pistol" means
513513 22 a repeating pistol that:
514514 23 (1) uses a portion of the energy of a firing cartridge to:
515515 24 (A) extract the fired cartridge case; and
516516 25 (B) chamber the next round; and
517517 26 (2) requires a separate pull of the trigger to fire each
518518 27 cartridge.
519519 28 Sec. 12. As used in this chapter, "semiautomatic rifle" means a
520520 29 repeating rifle that:
521521 30 (1) uses a portion of the energy of a firing cartridge to:
522522 31 (A) extract the fired cartridge case; and
523523 32 (B) chamber the next round; and
524524 33 (2) requires a separate pull of the trigger to fire each
525525 34 cartridge.
526526 35 Sec. 13. As used in this chapter, "semiautomatic shotgun"
527527 36 means a repeating shotgun that:
528528 37 (1) uses a portion of the energy of a firing cartridge to:
529529 38 (A) extract the fired cartridge case; and
530530 39 (B) chamber the next round; and
531531 40 (2) requires a separate pull of the trigger to fire each
532532 41 cartridge.
533533 42 Sec. 14. As used in this chapter, "threaded barrel" means a
534534 2025 IN 247—LS 6975/DI 144 13
535535 1 feature or characteristic that is designed to allow for the
536536 2 attachment of a device such as a firearm silencer or a flash
537537 3 suppressor.
538538 4 Sec. 15. A licensed importer, licensed manufacturer, licensed
539539 5 dealer, or licensed collector may not sell or deliver a semiautomatic
540540 6 assault weapon.
541541 2025 IN 247—LS 6975/DI 144