Sec. 16. (a) This section does not apply to a person who complies with IC 35-47-10 (governing children and firearms). (b) A person who provides a firearm to an individual who the person knows: (1) is ineligible to purchase or otherwise receive or possess a firearm for any reason other than the person's age; or (2) intends to use the firearm to commit a crime; commits criminal transfer of a firearm, a Level 5 felony. However, the offense is a Level 3 felony if the individual uses the firearm to commit murder ( IC 35-42-1-1 ). (c) It is a defense to a prosecution under subsection (b)(1) that: (1) the accused person (or dealer acting on the person's behalf) contacted NICS to request a background check on the individual before the accused person provided the firearm to the individual; and (2) the accused person (or dealer acting on the person's behalf) received authorization from NICS to provide the firearm to the individual. IC 35-47-3 Chapter 3. Disposal of Confiscated Weapons 35-47-3-1 Disposal of confiscated weapons in accordance with chapter 35-47-3-2 Application of section to firearms not required to be registered in National Firearms Registration and Transfer Record; return of firearms to rightful owners; disposal procedure 35-47-3-3 Application of section to firearms required to be registered in National Firearms Registration and Transfer Record; return of firearms to rightful owners; unreturnable firearms; registry of firearms; disposal 35-47-3-4 Unlawful delivery of confiscated firearm
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