Indiana criminal charge
"Machine gun"; prohibited sales or transfers of ownership in Indiana
"Machine gun"; prohibited sales or transfers of ownership is a criminal offense under Indiana law, defined by Ind. Code § 35-47-2-7. 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 § 35-47-2-7.
What is the penalty for "machine gun"; prohibited sales or transfers of ownership in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Transfer of machine gun to minor — A person knowingly or intentionally sells, gives, or otherwise transfers ownership or possession of a machine gun to a person under 18 years of age.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Transfer of machine gun to minor — A person knowingly or intentionally sells, gives, or otherwise transfers ownership or possession of a machine gun to a person under 18 years of age.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Transfer of machine gun to minor — prior conviction — The offense under this section is elevated because the transferor has a prior conviction under this section.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Transfer of machine gun to minor — prior conviction — The offense under this section is elevated because the transferor has a prior conviction under this section.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Transfer of machine gun to minor — used to commit murder — The offense is elevated because the person under eighteen years of age uses the machine gun to commit murder.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Transfer of machine gun to minor — used to commit murder — The offense is elevated because the person under eighteen years of age uses the machine gun to commit murder.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 1 years to 6 years (Criminal transfer of a handgun — A person knowingly or intentionally sells, gives, or otherwise transfers a handgun to another person known to be ineligible to purchase one (for reasons other than age) or known to intend 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 handgun — A person knowingly or intentionally sells, gives, or otherwise transfers a handgun to another person known to be ineligible to purchase one (for reasons other than age) or known to intend 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 handgun — used to commit murder — The offense is elevated because the other person uses the handgun 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 handgun — used to commit murder — The offense is elevated because the other person uses the handgun to commit murder.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 1 years to 6 years (Straw purchase of a handgun — A person purchases a handgun intending to resell or provide it to someone ineligible to purchase it, intending to commit a crime, or intending to transport it outside Indiana for such resale or provision.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Straw purchase of a handgun — A person purchases a handgun intending to resell or provide it to someone ineligible to purchase it, intending to commit a crime, or intending to transport it outside Indiana for such resale or provision.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 3 years to 16 years (Straw purchase of a handgun — used to commit murder — The offense is elevated because the other person uses the handgun to commit murder.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Straw purchase of a handgun — used to commit murder — The offense is elevated because the other person uses the handgun to commit murder.) | discretionary | Ind. Code § 35-50-2-5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is "machine gun"; prohibited sales or transfers of ownership classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Transfer of machine gun to minor | Level 5 Felony | A person knowingly or intentionally sells, gives, or otherwise transfers ownership or possession of a machine gun to a person under 18 years of age. | Ind. Code § 35-47-2-7(c) |
| Transfer of machine gun to minor — prior conviction | Level 4 Felony | The offense under this section is elevated because the transferor has a prior conviction under this section. | Ind. Code § 35-47-2-7(c) |
| Transfer of machine gun to minor — used to commit murder | Level 3 Felony | The offense is elevated because the person under eighteen years of age uses the machine gun to commit murder. | Ind. Code § 35-47-2-7(c) |
| Criminal transfer of a handgun | Level 5 Felony | A person knowingly or intentionally sells, gives, or otherwise transfers a handgun to another person known to be ineligible to purchase one (for reasons other than age) or known to intend to use it to commit a crime. | Ind. Code § 35-47-2-7(d) |
| Criminal transfer of a handgun — used to commit murder | Level 3 Felony | The offense is elevated because the other person uses the handgun to commit murder. | Ind. Code § 35-47-2-7(d) |
| Straw purchase of a handgun | Level 5 Felony | A person purchases a handgun intending to resell or provide it to someone ineligible to purchase it, intending to commit a crime, or intending to transport it outside Indiana for such resale or provision. | Ind. Code § 35-47-2-7(e) |
| Straw purchase of a handgun — used to commit murder | Level 3 Felony | The offense is elevated because the other person uses the handgun to commit murder. | Ind. Code § 35-47-2-7(e) |
Common questions about "machine gun"; prohibited sales or transfers of ownership in Indiana
Is "Machine gun"; prohibited sales or transfers of ownership a felony or a misdemeanor in Indiana?
It depends on the circumstances: "Machine gun"; prohibited sales or transfers of ownership ranges from a Level 5 Felony to a Level 3 Felony in Indiana under Ind. Code § 35-47-2-7.
Transfer of machine gun to minor: Level 5 Felony (Ind. Code § 35-47-2-7(c)) · Transfer of machine gun to minor — prior conviction: Level 4 Felony (Ind. Code § 35-47-2-7(c)) · Transfer of machine gun to minor — used to commit murder: Level 3 Felony (Ind. Code § 35-47-2-7(c)) · Criminal transfer of a handgun: Level 5 Felony (Ind. Code § 35-47-2-7(d)) · Criminal transfer of a handgun — used to commit murder: Level 3 Felony (Ind. Code § 35-47-2-7(d)) · Straw purchase of a handgun: Level 5 Felony (Ind. Code § 35-47-2-7(e)) · Straw purchase of a handgun — used to commit murder: Level 3 Felony (Ind. Code § 35-47-2-7(e))
What are the penalties for "Machine gun"; prohibited sales or transfers of ownership in Indiana?
Penalties for "Machine gun"; prohibited sales or transfers of ownership in Indiana depend on how it is classified — from a Level 5 Felony up to a Level 3 Felony — with the ranges set by Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5 and Ind. Code § 35-50-2-5; the full table of ranges by variant is published on this page.
Which Indiana statute covers "Machine gun"; prohibited sales or transfers of ownership?
"Machine gun"; prohibited sales or transfers of ownership is governed by Ind. Code § 35-47-2-7 ("Machine gun"; prohibited sales or transfers of ownership).
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.