Indiana machine gun law question

[cordex]

I was browsing Indiana code the other night and stumbled upon several interesting tidbits:

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.

Unless I'm reading this incorrectly (and hopefully I am) this would appear to mean that under most conditions it would be unlawful for someone who does not own a machine gun to fire another person's lawfully owned machine gun.

What am I missing? Do people fire off a few bottle rockets at INGO NFA days to get around this?

 

[theweakerbrother]

I don't know the code or letter of the law but the owner of the machine gun must be present and has to fire at least one round. Our NFA enablers should be around shortly to provide detailed info.

 

[alfahornet]

My understanding is the legal registered owner must be present. With them present, anyone not restricted from possessing firearms can shoot it (of course on private property and in a safe and legal manner). At NFA day, the owner generally handed the shooter the machine gun when the shooter desired to shoot it.

Without the owner present I believe you would be in violation of both state and federal law.

 

[cordex]

So are we saying that if the owner is present, they are in fact the one who "operates a loaded machine gun" in the eye of the law?

 

[VUPDblue]

So are we saying that if the owner is present, they are in fact the one who "operates a loaded machine gun" in the eye of the law?

Yes, exactly. Because you physically hold my machine gun/suppressor/SBR in your hot little hand, you don't necessarily posses it. Possession, as a matter of law, basically means ownership and not physical possession. As long as the owner of the NFA item is physically present, it is he/she who legally possesses the item, regardless of who is shooting it.

 

[cordex]

Yes, exactly. Because you physically hold my machine gun/suppressor/SBR in your hot little hand, you don't necessarily posses it. Possession, as a matter of law, basically means ownership and not physical possession. As long as the owner of the NFA item is physically present, it is he/she who legally possesses the item, regardless of who is shooting it.

Thanks VUPDblue.

The wording that was troubling me was more IC 35-47-5-9 where it states: "A person who operates a loaded machine gun commits a Class B felony." While I may or may not technically be in possession of a machine gun if I'm holding it with the owner is standing next to me, it sure seems like I would be operating a loaded machine gun it if I'm shooting it.

 

[VUPDblue]

Technically the law you quoted is correct. It is one of those "enforcability" matters though...

 

[Cwood]

I believe that this section sums it up and how it is legal for someone to shoot someone else's MG in their presence.

(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.

 

[alfahornet]

Technically the law you quoted is correct. It is one of those "enforcability" matters though...

Well I am glad you used good 'officer's discretion' at enforcing that law NFA day

 

[JoeR-HI]

The legal term for "possession" doesn't always mean "hold".