Indiana criminal charge
Criminal transfer of a firearm in Indiana
Criminal transfer of a firearm is a criminal offense under Indiana law, defined by Ind. Code § 35-47-2.5-16. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-47-2.5-16.
What is the penalty for criminal transfer of a firearm in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Criminal transfer of a firearm - base offense — A person provides a firearm to an individual the person knows is ineligible to purchase, receive, or possess it (for reasons other than age) or intends to use it to commit a crime.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Criminal transfer of a firearm - base offense — A person provides a firearm to an individual the person knows is ineligible to purchase, receive, or possess it (for reasons other than age) or intends to use it to commit a crime.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 3 years to 16 years (Criminal transfer of a firearm - resulting in murder — The offense under subsection (b) is elevated when the individual who received the firearm uses it to commit murder.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Criminal transfer of a firearm - resulting in murder — The offense under subsection (b) is elevated when the individual who received the firearm uses it to commit murder.) | discretionary | Ind. Code § 35-50-2-5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is criminal transfer of a firearm classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Criminal transfer of a firearm - base offense | Level 5 Felony | A person provides a firearm to an individual the person knows is ineligible to purchase, receive, or possess it (for reasons other than age) or intends to use it to commit a crime. | Ind. Code § 35-47-2.5-16(b) |
| Criminal transfer of a firearm - resulting in murder | Level 3 Felony | The offense under subsection (b) is elevated when the individual who received the firearm uses it to commit murder. | Ind. Code § 35-47-2.5-16(b) |
Common questions about criminal transfer of a firearm in Indiana
Is criminal transfer of a firearm a felony or a misdemeanor in Indiana?
It depends on the circumstances: criminal transfer of a firearm ranges from a Level 5 Felony to a Level 3 Felony in Indiana under Ind. Code § 35-47-2.5-16.
Criminal transfer of a firearm - base offense: Level 5 Felony (Ind. Code § 35-47-2.5-16(b)) · Criminal transfer of a firearm - resulting in murder: Level 3 Felony (Ind. Code § 35-47-2.5-16(b))
What are the penalties for criminal transfer of a firearm in Indiana?
Which Indiana statute covers criminal transfer of a firearm?
Criminal transfer of a firearm is governed by Ind. Code § 35-47-2.5-16 (Criminal transfer of a firearm).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.