Indiana sale of handgun

#18indycolts · March 31, 2009, 03:14 PM

My question is, legally what do I have to do to sell a handgun to another person, i.e., a friend or relative. I searched the web and Indiana's law says that the person must be 18 or older and be to the best of my knowledge (or have reasonable cause) not:be a felon, drug user or mentally incompetent. Is that really it? maybe a bill of sale?

NavyLT · March 31, 2009, 03:33 PM

That's it. And, by Federal law, they must be a resident of the same state as you, in this case, Indiana.

Anything above and beyond the cash and gun trading hands is a personal preference and not required by law. Some folks, me included, like to do a bill of sale, but the only info I put on bills of sale is name of buyer/purchaser, date of sale, amount sold for, make, model and serial number of gun. The buyer of the gun gets one signed by me as a receipt for his money, I get a copy signed by the buyer as a receipt for the gun.

Indianapolis/Marion County also has this code:

Title II. Public Order and Safety
Chapter 451. Weapons
451-4. Display of dangerous weapons. No
pistol, revolver or other dangerous weapon of a
similar character, which may be concealed and
carried upon the person, shall be displayed for
sale where it can be seen in or through any
window of any structure fronting on any street or
alley in the city.
451-5. Unlawful disposition of dangerous
weapons. No person shall sell, give, barter, exchange,
lend or otherwise dispose of, or place in
the possession of any known or suspected
habitual user of narcotics or any known or suspected
criminal or a person with criminal purpose,
any type of machine gun, sawed-off shotgun,
pistol or revolver, or ammunition therefor,
or any knucks, billy, sandbag, dagger, dirk, bowie
knife or stiletto, or any spring gun, sword cane
or any other dangerous weapon of any similar
character, which may be carried or concealed on
or about the person and which are commonly
used and fit to be used unlawfully to inflict harm
on or to any person; or any tools, devices or jimmies
commonly used for burglary. However, ordinary
pocketknives with blades not exceeding
five (5) inches in length and so known and sold
in legitimate trade shall not be included in the
terms of this section, and the provisions of this
section shall not apply to any military forces,
peace officers or other persons so excepted by
law for the possession, use or disposal of any
such things.
[Revised Code of the Consolidated City &
County of Indianapolis/Marion County codified
through Ord. 61, 2007]

#18indycolts · March 31, 2009, 03:35 PM

thanx. Now that I thought about it, what if the person is a drug user and a felon and I don't know about it? Possible legal ramifications there I think.

NavyLT · March 31, 2009, 03:41 PM

The prosecutor would have to prove that you had knowledge of or reasonable cause to believe they were a prohibited person. If you want to add those disqualifiers to a bill of sale that the buyer signs stating they are not disqualified would be one way to protect yourself.

#18indycolts · March 31, 2009, 04:23 PM

very good idea, thanx again.

March 31, 2009, 03:14 PM	#1
#18indycolts Junior member Join Date: January 3, 2006 Location: Indpls Posts: 1,159	Indiana sale of handgun My question is, legally what do I have to do to sell a handgun to another person, i.e., a friend or relative. I searched the web and Indiana's law says that the person must be 18 or older and be to the best of my knowledge (or have reasonable cause) not:be a felon, drug user or mentally incompetent. Is that really it? maybe a bill of sale?

March 31, 2009, 03:33 PM	#2
NavyLT Junior member Join Date: January 25, 2006 Location: Oak Harbor, WA Posts: 1,719	That's it. And, by Federal law, they must be a resident of the same state as you, in this case, Indiana. Anything above and beyond the cash and gun trading hands is a personal preference and not required by law. Some folks, me included, like to do a bill of sale, but the only info I put on bills of sale is name of buyer/purchaser, date of sale, amount sold for, make, model and serial number of gun. The buyer of the gun gets one signed by me as a receipt for his money, I get a copy signed by the buyer as a receipt for the gun. Indianapolis/Marion County also has this code: Title II. Public Order and Safety Chapter 451. Weapons 451-4. Display of dangerous weapons. No pistol, revolver or other dangerous weapon of a similar character, which may be concealed and carried upon the person, shall be displayed for sale where it can be seen in or through any window of any structure fronting on any street or alley in the city. 451-5. Unlawful disposition of dangerous weapons. No person shall sell, give, barter, exchange, lend or otherwise dispose of, or place in the possession of any known or suspected habitual user of narcotics or any known or suspected criminal or a person with criminal purpose, any type of machine gun, sawed-off shotgun, pistol or revolver, or ammunition therefor, or any knucks, billy, sandbag, dagger, dirk, bowie knife or stiletto, or any spring gun, sword cane or any other dangerous weapon of any similar character, which may be carried or concealed on or about the person and which are commonly used and fit to be used unlawfully to inflict harm on or to any person; or any tools, devices or jimmies commonly used for burglary. However, ordinary pocketknives with blades not exceeding five (5) inches in length and so known and sold in legitimate trade shall not be included in the terms of this section, and the provisions of this section shall not apply to any military forces, peace officers or other persons so excepted by law for the possession, use or disposal of any such things. [Revised Code of the Consolidated City & County of Indianapolis/Marion County codified through Ord. 61, 2007]

March 31, 2009, 03:35 PM	#3
#18indycolts Junior member Join Date: January 3, 2006 Location: Indpls Posts: 1,159	thanx. Now that I thought about it, what if the person is a drug user and a felon and I don't know about it? Possible legal ramifications there I think.

March 31, 2009, 03:41 PM	#4
NavyLT Junior member Join Date: January 25, 2006 Location: Oak Harbor, WA Posts: 1,719	The prosecutor would have to prove that you had knowledge of or reasonable cause to believe they were a prohibited person. If you want to add those disqualifiers to a bill of sale that the buyer signs stating they are not disqualified would be one way to protect yourself.

March 31, 2009, 04:23 PM	#5
#18indycolts Junior member Join Date: January 3, 2006 Location: Indpls Posts: 1,159	very good idea, thanx again.