Daviess County - Indiana Criminal Code 2022

CRIMINAL LAWAND PROCEDURE

291

(C) receives transfer of; (D) owns; or (E) possesses;

(IC 35-45-9-4); (22) stalking (IC 35-45-10-5) as a:

(A) Class B felony or Class C felony, for a crime committed before July 1, 2014; or (B) Level 4 felony or Level 5 felony, for a crime committed after June 30, 2014; (23) incest (IC 35-46-1-3); (24) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1); (25) dealing in methamphetamine (IC 35 48-4-1.1) or manufacturing methamphet amine (IC 35-48-4-1.2); (26) dealing in a schedule I, II, or III con trolled substance (IC 35-48-4-2); (27) dealing in a schedule IV controlled substance (IC 35-48-4-3); (28) dealing in a schedule V controlled substance (IC 35-48-4-4); or (29) dealing in a controlled substance resulting in death (IC 35-42-1-1.5). (c) A serious violent felon who knowingly or intentionally possesses a firearm commits unlaw ful possession of a firearm by a serious violent felon, a Level 4 felony. 35-47-4-6. Possession of firearm by a domestic batterer. (a) A person who has been convicted of domestic battery under IC 35-42-2-1.3 and who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a domestic batterer, a Class A misdemeanor. (b) It is a defense to a prosecution under this section that the person’s right to possess a firearm has been restored under IC 35-47-4-7. 35-47-4-6.5. Unlawful possession of a firearm by a dangerous person. A person who: (1) has been found to be dangerous by a circuit or superior court having jurisdiction over the person following a hearing under IC 35-47-14-6; and (2) knowingly or intentionally: (A) rents; (B) purchases;

a firearm commits unlawful possession of a firearm by a dangerous person, a Class Amisde meanor. 35-47-4-6.7. Unlawful transfer of a firearm by a dangerous person. Aperson who knowingly or intentionally rents, transfers, sells, or offers for sale a firearm to another person who the person knows to be found dangerous by a circuit or superior court following a hearing under IC 35-47-14-6 commits unlawful transfer of a firearm to a dangerous person, a Level 5 felony. 35-47-4-7. Restoration of rights to possess firearms by a domestic batterer. (a) Notwithstanding IC 35-47-2, IC 35-47 2.5, the restoration of the right to serve on a jury under IC 33-28-5-18, the restoration of the right to vote under IC 3-7-13-5, or the expungement of a crime of domestic violence under IC 35-38-9, and except as provided in subsections (b), (c), and (f), a person who has been convicted of a crime of domestic violence may not possess a firearm. (b) Not earlier than five (5) years after the date of conviction, a person who has been con victed of a crime of domestic violence may peti tion the court for restoration of the person’s right to possess a firearm. In determining whether to restore the person’s right to possess a firearm, the court shall consider the following factors: (1) Whether the person has been subject to: (A) a protective order; (B) a no contact order; (C) a workplace violence restraining order; or (D) any other court order that prohibits the person from possessing a firearm. (2) Whether the person has successfully completed a substance abuse program, if applicable. (3) Whether the person has successfully completed a parenting class, if applica ble.