Indiana Private Party Handgun Transfer


PDA






Inverness11
June 22, 2006, 11:40 AM
Hey everone one, I was wondering if you guys could clarify this law for me. I googled it and didn't have much luck. I'm 18 and would like to buy a handgun in Indiana. I'm on good terms with my parents and I know they would buy one for me, but being me, I have to do things on my own :rolleyes: . My understanding is that I can legally purchase a handgun from a private party at my age and have it transferred with the local FFL, same for handgun ammo. Can any of you folks cite this for me? I don't want to sound like an ignorant DB when I'm talking to my FFL. I'd rather sound like one on the internet:D . Gunbroker.com and the like count as a private party sale, right? I also have my handgun license if that counts for anything. Thanks everyone!

If you enjoyed reading about "Indiana Private Party Handgun Transfer" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
Inverness11
June 22, 2006, 01:56 PM
anyone?

Phetro
June 22, 2006, 02:10 PM
If you have your license, that removes the need for the state background check, which helps a little. However, you will still need to do the transfer through an FFL-holder, and have the federal check done. I do not believe gifts are (or even can be) regulated, so a gift would need no special procedure, but I could be wrong on this.

I thought the minimum age to carry a handgun in Indiana was 21...I must be out of touch with the laws of late.

Inverness11
June 22, 2006, 02:14 PM
I'm 18 and I can carry concealed as per my license, but I can't buy a handgun from an FFL :scrutiny: . I'll probably just break down and go through my parents.

Car Knocker
June 22, 2006, 11:39 PM
As you've noted, an FFL cannot transfer a handgun to anyone under the age of 21. However, if Indiana state law allows face-to-face sales of handguns to someone your age with no state transfer requirement, there would be no need to go through an FFL. If the handgun sale crosses state lines it would have to go through an FFL.

cropcirclewalker
June 23, 2006, 12:57 AM
Yo, Mr. Inverness11

This is just an example of the idiocy of the socialist .gov to which we have all become enslaved.

Personally, I would druther you be packin' than drivin'.

Nothing Personal.

Go through your parents. That's what the're for. :)

chrisbob
June 23, 2006, 01:53 AM
You can own a handgun legally if you are 18 but you can not get a license to carry it loaded!!! You also have to go through the waiting period to buy it unless it is a blackpowder gun. You may be able to get a hunting or target permit, but you still can't carry it loaded unless at the range or in the field. If you call the state police they will tell you everything you you want to know and how to do it. I disagree, if you pay taxes, and you vote, and you can be drafted at the age of 18, why can't you carry a handgun or buy cold beer!!!:fire: :confused:

SomeKid
June 23, 2006, 01:54 AM
Special note on going through your parents buddy, if you give them the money to buy the gun for you, it is a straw purchase. It must be an honest and true gift.

My first pistol came via gift, so, tell them what kind you want, and let them know if it appears in your bedroom, that is very cool with you. Unless IN has some CA style laws, that should be good for you.

Also, you do NOT have to go through an FFL and do a federal background check (unless there is some state law). If your neighbor decides to sell you a pistol, you can buy it face to face.

chrisbob
June 23, 2006, 02:52 AM
I will cut to the chase for those who need to know. If you ever need to use that handgun in self defense IT NEEDS TO BE REGISTERED FOR YOUR OWN SAFETY. I have nothing against private sales as long as they are legal. If you use that gun dot your i's and cross your t's first before using it in self defense even in your own home! You may win in court, but lawyers aren't worth the money for innocent people. I hate to see a person, get dragged through the media for protecting their home and family!

Inverness11
June 23, 2006, 11:34 AM
You can own a handgun legally if you are 18 but you can not get a license to carry it loaded!!!

My handgun license is Personal Protection so I'm pretty sure I can carry a loaded handgun. I applied for it on my 18th birthday:D. I got a CZ-52 for my birthday (fun shooter) which is why I got the license. Now I want something to carry.

SomeKid
June 23, 2006, 11:39 AM
Chris,

The idea that registering the gun will provide him some kind of insurance is plain silly. If the shoot is good, and some ahole attorney tries to make his life tough, having the gun registered with Mother Government will not help him any. Lawyers can weasel anything into a light they want, it is what they do. Registering just means the government knows what he has.

HankB
June 23, 2006, 12:03 PM
Special note on going through your parents buddy, if you give them the money to buy the gun for you, it is a straw purchase. I have reason to believe that this type of "straw purchase" (parent signing the paperwork so a child can get a gun with the money he saved from his summer job, paper route, whatever) is extremely common. IANAL, but as I see it unless the kid is a felon, a doper, or misuses the gun, I don't see anyone from .gov successfully making a "straw purchase" issue of this sort of parent/child thing.

And if they were to try, an assertion by the parent that "It's a gift for my son / my daughter - that's my story and I'm sticking to it!!!" and a child that insisted "My Daddy gave it to me!!!" would pretty well shut down that line of inquiry.

kludge
June 23, 2006, 01:56 PM
http://www.in.gov/legislative/ic/code/title35/ar47/ch2.html

http://www.in.gov/legislative/ic/code/title35/ar47/ch2.5.html

note: section 14 applies to children, but ch2.5 does not apply to licensed persons.

http://www.in.gov/legislative/ic/code/title35/ar47/ch10.html

If you are under 21 an Indiana FFL can NOT tranfer a handgun to you or allow you to buy ammo, so gunbroker.com won't work for you. Under Indiana law parents can gift a handgun to a their own child (under age 18), however Question 12a on form 4473 says if you are acquiring a gun for another person you are not the actual buyer and therefore the dealer cannot transfer the firearm. I suppose there is an FAQ about this on the AFT website, but I haven't looked for it.

In Indiana NO ONE except a parent can gift or sell a handgun to a child. You are >18, so this does not apply to you. You are left with a non-FFL face-to-face transfer or gift from parents. EDIT: I would not involve anyone other than your parents, as this could have the appearance of a straw purchace

Please read through the links I have posted.

Inverness11
June 23, 2006, 02:42 PM
kludge, thanks for the links

El Tejon
June 24, 2006, 06:57 AM
1. If you obtain an Indiana LTCH you may carry the pistol loaded or unloaded, you may carry one gun or one dozen, you may carry them openly or concealed or a combination thereof, you may carry on a boat with a goat.

Where did this 18 and unloaded nonsense come from?:scrutiny: Every time I turn around there is a new Errornet rumor to squash--I must stop turning around.:D

2. There is no registration requirement. Some cities had voluntary programs for collectors and the like, but whether or not a pistol is listed at your SD or PD has no bearing on the legality of a shooting. (Heck, I've done self-defense cases involving stolen weapons).

The important question: How did you make it to 18 in Indiana without already owning several pistols???:confused:

Captain Bligh
July 4, 2006, 09:57 AM
Thanks for someone stepping up to give some factual information on this thread. I've lived in these cornfields my whole life. I couldn't believe the mis-nformation I was reading here. It's simple:

You can get a Personal Protection Permit at 18 and carry a loaded gun in Indiana.

You cannot buy a handgun in Indiana until you are 21.

We don't register guns in Indiana.

www.packing.org gives you the information you want. Check it out.

progunner1957
July 4, 2006, 11:59 AM
This is another example of the government having its cake and eating it too. At 18, Inverness is old enough to be issued an M4 full auto battle rifle and old enough to go get killed in a war, but not old enough to buy a handgun in Indiana.:barf:
However, you will still need to do the transfer through an FFL-holder, and have the federal check done.In Indiana, there is no need for a private purchase of a firearm to be run through an FFL holder.
I do not believe gifts are (or even can be) regulated, so a gift would need no special procedure, but I could be wrong on this.
Gift guns are not regulated - your parents can buy you a gun at a FFL dealer and then give it to you as a gift, no paperwork or government meddling required.

If they give you the gun as a gift, it is not a "strawman purchase." Just make sure they answer the question on the 4473 that says, "Are you the actual purchaser of the firearm?" with a yes (in the case of a gift firearm, that is a true answer).

Good luck!

Gray Peterson
July 6, 2006, 02:43 AM
You cannot buy a handgun in Indiana until you are 21.

You can buy a handgun privately. You can't buy ammo for it until you're 21, but there is no "Straw purchase" situation with ammunition, only with actual firearms.

Gray Peterson
July 6, 2006, 02:48 AM
ChrisBob,

The state of Indiana also passed "stand your ground" which I believe includes civil immunity.

kludge
July 6, 2006, 09:12 AM
Civil immunity existed before "stand your ground" (assuming it was truly a case of self defense).

Actually though, Indiana Code was amended to read "no duty to retreat."

If you enjoyed reading about "Indiana Private Party Handgun Transfer" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!