Hello,
I am wanting to find out about Indiana law as it pertains to machine guns. Ok, now I understand that to purchase a machine gun, one must go thru the PITA process and send the ATF 200 bones, etc. But my questions are about Indiana code, and not Federal code. Now before I start I want to make sure that everyone knows from the get-go, that I do not advocate breaking any laws, local, state or federal.
But the way that IC 35-47-5-10 spells out the applicability of statutes relating to machine guns looks like it gives anyone at any time the ability to operate a machine gun in Indiana.
Ok, so just to go over the IC's to refresh everyone's mind, here we go.
IC 35-47-5-8
Machine gun
Sec. 8. A person who owns or possesses a machine gun commits a Class C felony.
As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.3; P.L.123-2002, SEC.43.
IC 35-47-5-9
Operating loaded machine gun
Sec. 9. A person who operates a loaded machine gun commits a Class B felony.
As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.4; P.L.123-2002, SEC.44.
IC 35-47-5-10
Applicability of statutes relating to machine guns
Sec. 10. The provisions of section 8 or 9 of this chapter shall not be construed to apply to any of the following:
(1) Members of the military or naval forces of the United States, National Guard of Indiana, or Indiana State Guard, when on duty or practicing.
(2) Machine guns kept for display as relics and which are rendered harmless and not usable.
(3) Any of the law enforcement officers of this state or the United States while acting in the furtherance of their duties.
(4) Persons lawfully engaged in the display, testing, or use of fireworks.
(5) Agencies of state government.
(6) Persons permitted by law to engage in the business of manufacturing, assembling, conducting research on, or testing machine guns, airplanes, tanks, armored vehicles, or ordnance equipment or supplies while acting within the scope of such business.
(7) Persons possessing, or having applied to possess, machine guns under applicable United States statutes. Such machine guns must be transferred as provided in this article.
(8) Persons lawfully engaged in the manufacture, transportation, distribution, use or possession of any material, substance, or device for the sole purpose of industrial, agricultural, mining, construction, educational, or any other lawful use.
As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.5; P.L.123-2002, SEC.45.
ok, if you can focus on IC 35-47-5-10 (4)
(4) Persons lawfully engaged in the display, testing, or use of fireworks.
Does this section mean that in Indiana one can operate a machine gun while displaying, testing or using fireworks? Looks like to to me.
If you now focus on IC 35-47-5-10 (7)
(7) Persons possessing, or having applied to possess, machine guns under applicable United States statutes. Such machine guns must be transferred as provided in this article.
This would be for applying for a machine gun tax stamp and be transferred a machine gun according to the federal statutes I assume.
Now please focus on IC 35-47-5-10 (8)
(8) Persons lawfully engaged in the manufacture, transportation, distribution, use or possession of any material, substance, or device for the sole purpose of industrial, agricultural, mining, construction, educational, or any other lawful use.
Now this section is where I have my main question. At the end of the section you will see "or any other lawful use" Well when I first noticed the section, to me it looks like it spells out that anyone can operate a machine gun for any reason, because a person could be lawfully engaged in the manufacture, transportation, distribution, use or possession of any material, substance, or device for the sole purpose of industrial, agricultural, mining, construction, educational, OR ANY OTHER LAWFUL USE.
I have capitalized the section that to me gives a blanket allowance for anyone to possess and operate a machine gun in Indiana. Would I be correct or incorrect. I don't want to get into a discussion about BATF regulations, or federal law, since I am wanting to understand state statutes first.
Thanks,
INGunGuy
I am wanting to find out about Indiana law as it pertains to machine guns. Ok, now I understand that to purchase a machine gun, one must go thru the PITA process and send the ATF 200 bones, etc. But my questions are about Indiana code, and not Federal code. Now before I start I want to make sure that everyone knows from the get-go, that I do not advocate breaking any laws, local, state or federal.
But the way that IC 35-47-5-10 spells out the applicability of statutes relating to machine guns looks like it gives anyone at any time the ability to operate a machine gun in Indiana.
Ok, so just to go over the IC's to refresh everyone's mind, here we go.
IC 35-47-5-8
Machine gun
Sec. 8. A person who owns or possesses a machine gun commits a Class C felony.
As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.3; P.L.123-2002, SEC.43.
IC 35-47-5-9
Operating loaded machine gun
Sec. 9. A person who operates a loaded machine gun commits a Class B felony.
As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.4; P.L.123-2002, SEC.44.
IC 35-47-5-10
Applicability of statutes relating to machine guns
Sec. 10. The provisions of section 8 or 9 of this chapter shall not be construed to apply to any of the following:
(1) Members of the military or naval forces of the United States, National Guard of Indiana, or Indiana State Guard, when on duty or practicing.
(2) Machine guns kept for display as relics and which are rendered harmless and not usable.
(3) Any of the law enforcement officers of this state or the United States while acting in the furtherance of their duties.
(4) Persons lawfully engaged in the display, testing, or use of fireworks.
(5) Agencies of state government.
(6) Persons permitted by law to engage in the business of manufacturing, assembling, conducting research on, or testing machine guns, airplanes, tanks, armored vehicles, or ordnance equipment or supplies while acting within the scope of such business.
(7) Persons possessing, or having applied to possess, machine guns under applicable United States statutes. Such machine guns must be transferred as provided in this article.
(8) Persons lawfully engaged in the manufacture, transportation, distribution, use or possession of any material, substance, or device for the sole purpose of industrial, agricultural, mining, construction, educational, or any other lawful use.
As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.5; P.L.123-2002, SEC.45.
ok, if you can focus on IC 35-47-5-10 (4)
(4) Persons lawfully engaged in the display, testing, or use of fireworks.
Does this section mean that in Indiana one can operate a machine gun while displaying, testing or using fireworks? Looks like to to me.
If you now focus on IC 35-47-5-10 (7)
(7) Persons possessing, or having applied to possess, machine guns under applicable United States statutes. Such machine guns must be transferred as provided in this article.
This would be for applying for a machine gun tax stamp and be transferred a machine gun according to the federal statutes I assume.
Now please focus on IC 35-47-5-10 (8)
(8) Persons lawfully engaged in the manufacture, transportation, distribution, use or possession of any material, substance, or device for the sole purpose of industrial, agricultural, mining, construction, educational, or any other lawful use.
Now this section is where I have my main question. At the end of the section you will see "or any other lawful use" Well when I first noticed the section, to me it looks like it spells out that anyone can operate a machine gun for any reason, because a person could be lawfully engaged in the manufacture, transportation, distribution, use or possession of any material, substance, or device for the sole purpose of industrial, agricultural, mining, construction, educational, OR ANY OTHER LAWFUL USE.
I have capitalized the section that to me gives a blanket allowance for anyone to possess and operate a machine gun in Indiana. Would I be correct or incorrect. I don't want to get into a discussion about BATF regulations, or federal law, since I am wanting to understand state statutes first.
Thanks,
INGunGuy