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Indiana criminal charge

Dangerous possession and unlawful transfer of a firearm in Indiana

Current through 2026 Indiana legislative session

Dangerous possession and unlawful transfer of a firearm is a criminal offense under Indiana law, defined by Ind. Code § 35-47-10-5. 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 § 35-47-10-5.

What is the penalty for dangerous possession and unlawful transfer of a firearm in Indiana?

Penalties for Dangerous possession and unlawful transfer of a firearm
PenaltyRangeBasisAuthority
Jail / prisonup to 1 year (Dangerous possession of a firearm — base offense — A child knowingly, intentionally, or recklessly possesses a firearm for a purpose other than one described in section 1 of the chapter.)discretionaryInd. Code § 35-50-3-2
Fineup to $5,000 (Dangerous possession of a firearm — base offense — A child knowingly, intentionally, or recklessly possesses a firearm for a purpose other than one described in section 1 of the chapter.)discretionaryInd. Code § 35-50-3-2
Jail / prison1 years to 6 years (Dangerous possession of a firearm — prior offense or aggravated location — The child has a prior conviction or delinquency adjudication under this section or IC 35-47-2-1.5, or the offense is committed on or within 500 feet of school property or on a school bus.; fixed term; advisory sentence 3 years)presumptiveInd. Code § 35-50-2-6
Fineup to $10,000 (Dangerous possession of a firearm — prior offense or aggravated location — The child has a prior conviction or delinquency adjudication under this section or IC 35-47-2-1.5, or the offense is committed on or within 500 feet of school property or on a school bus.)discretionaryInd. Code § 35-50-2-6
Jail / prison1 years to 6 years (Unlawful transfer of a firearm to an ineligible or crime-intending child — A child knowingly or intentionally provides a firearm to another child known to be ineligible to receive it from a dealer or known to intend to use it to commit a crime.; fixed term; advisory sentence 3 years)presumptiveInd. Code § 35-50-2-6
Fineup to $10,000 (Unlawful transfer of a firearm to an ineligible or crime-intending child — A child knowingly or intentionally provides a firearm to another child known to be ineligible to receive it from a dealer or known to intend to use it to commit a crime.)discretionaryInd. Code § 35-50-2-6
Jail / prison3 years to 16 years (Unlawful transfer of a firearm resulting in murder — The other child uses the transferred firearm to commit murder.; fixed term; advisory sentence 9 years)presumptiveInd. Code § 35-50-2-5
Fineup to $10,000 (Unlawful transfer of a firearm resulting in murder — The other child uses the transferred firearm to commit murder.)discretionaryInd. Code § 35-50-2-5

Applies to current.

How is dangerous possession and unlawful transfer of a firearm classified in Indiana?

The classification depends on the circumstances:

Classification variants for Dangerous possession and unlawful transfer of a firearm
VariantClassificationWhen it appliesStatute
Dangerous possession of a firearm — base offenseClass A MisdemeanorA child knowingly, intentionally, or recklessly possesses a firearm for a purpose other than one described in section 1 of the chapter.Ind. Code § 35-47-10-5(a)
Dangerous possession of a firearm — prior offense or aggravated locationLevel 5 FelonyThe child has a prior conviction or delinquency adjudication under this section or IC 35-47-2-1.5, or the offense is committed on or within 500 feet of school property or on a school bus.Ind. Code § 35-47-10-5(a)
Unlawful transfer of a firearm to an ineligible or crime-intending childLevel 5 FelonyA child knowingly or intentionally provides a firearm to another child known to be ineligible to receive it from a dealer or known to intend to use it to commit a crime.Ind. Code § 35-47-10-5(b)
Unlawful transfer of a firearm resulting in murderLevel 3 FelonyThe other child uses the transferred firearm to commit murder.Ind. Code § 35-47-10-5(b)

Common questions about dangerous possession and unlawful transfer of a firearm in Indiana

Is dangerous possession and unlawful transfer of a firearm a felony or a misdemeanor in Indiana?

It depends on the circumstances: dangerous possession and unlawful transfer of a firearm ranges from a Class A Misdemeanor to a Level 3 Felony in Indiana under Ind. Code § 35-47-10-5.

Dangerous possession of a firearm — base offense: Class A Misdemeanor (Ind. Code § 35-47-10-5(a)) · Dangerous possession of a firearm — prior offense or aggravated location: Level 5 Felony (Ind. Code § 35-47-10-5(a)) · Unlawful transfer of a firearm to an ineligible or crime-intending child: Level 5 Felony (Ind. Code § 35-47-10-5(b)) · Unlawful transfer of a firearm resulting in murder: Level 3 Felony (Ind. Code § 35-47-10-5(b))

What are the penalties for dangerous possession and unlawful transfer of a firearm in Indiana?

Penalties for dangerous possession and unlawful transfer of a firearm in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 3 Felony — with the ranges set by Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-5; the full table of ranges by variant is published on this page.

Which Indiana statute covers dangerous possession and unlawful transfer of a firearm?

Dangerous possession and unlawful transfer of a firearm is governed by Ind. Code § 35-47-10-5 (Dangerous possession and unlawful 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.