SBS Law

[ShootnCut]

Is something changing this year?

IC 35-47-5-4.1 Version a
Sawed-off shotgun
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
Sec. 4.1. (a) A person who:
(1) manufactures;
(2) causes to be manufactured;
(3) imports into Indiana;
(4) keeps for sale;

(5) offers or exposes for sale; or
(6) gives, lends, or possesses;
any sawed-off shotgun commits dealing in a sawed-off shotgun, a Class D felony.
(b) The presence of a weapon referred to in subsection (a) in a motor vehicle (as defined under IC 9-13-2-105(a)) except for school buses and a vehicle operated in the transportation of passengers by a common carrier (as defined in IC 8-2.1-17-4) creates an inference that the weapon is in the possession of the persons occupying the motor vehicle. However, the inference does not apply to all the persons occupying the motor vehicle if the weapon is found upon, or under the control of, one (1) of the occupants. In addition, the inference does not apply to a duly licensed driver of a motor vehicle for hire who finds the weapon in the licensed driver's motor vehicle in the proper pursuit of the licensed driver's trade.
(c) This section does not apply to a law enforcement officer who is acting in the course of the officer's official duties or to a person who manufactures or imports for sale or sells a sawed-off shotgun to a law enforcement agency.
As added by P.L.1-1990, SEC.351. Amended by P.L.2-1991, SEC.107.
IC 35-47-5-4.1 Version b
Sawed-off shotgun
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
Sec. 4.1. (a) A person who:
(1) manufactures;
(2) causes to be manufactured;
(3) imports into Indiana;
(4) keeps for sale;
(5) offers or exposes for sale; or
(6) gives, lends, or possesses;
any sawed-off shotgun commits dealing in a sawed-off shotgun, a Level 6 felony.
(b) The presence of a weapon referred to in subsection (a) in a motor vehicle (as defined under IC 9-13-2-105(a)) except for school buses and a vehicle operated in the transportation of passengers by a common carrier (as defined in IC 8-2.1-17-4) creates an inference that the weapon is in the possession of the persons occupying the motor vehicle. However, the inference does not apply to all the persons occupying the motor vehicle if the weapon is found upon, or under the control of, one (1) of the occupants. In addition, the inference does not apply to a duly licensed driver of a motor vehicle for hire who finds the weapon in the licensed driver's motor vehicle in the proper pursuit of the licensed driver's trade.
(c) This section does not apply to a law enforcement officer who is acting in the course of the officer's official duties or to a person who manufactures or imports for sale or sells a sawed-off shotgun to a law enforcement agency.

 

[wolfman]

Is something changing this year?

IC 35-47-5-4.1 Version a
Sawed-off shotgun
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
Sec. 4.1. (a) A person who:
(1) manufactures;
(2) causes to be manufactured;
(3) imports into Indiana;
(4) keeps for sale;

(5) offers or exposes for sale; or
(6) gives, lends, or possesses;
any sawed-off shotgun commits dealing in a sawed-off shotgun, a Class D felony.
(b) The presence of a weapon referred to in subsection (a) in a motor vehicle (as defined under IC 9-13-2-105(a)) except for school buses and a vehicle operated in the transportation of passengers by a common carrier (as defined in IC 8-2.1-17-4) creates an inference that the weapon is in the possession of the persons occupying the motor vehicle. However, the inference does not apply to all the persons occupying the motor vehicle if the weapon is found upon, or under the control of, one (1) of the occupants. In addition, the inference does not apply to a duly licensed driver of a motor vehicle for hire who finds the weapon in the licensed driver's motor vehicle in the proper pursuit of the licensed driver's trade.
(c) This section does not apply to a law enforcement officer who is acting in the course of the officer's official duties or to a person who manufactures or imports for sale or sells a sawed-off shotgun to a law enforcement agency.
As added by P.L.1-1990, SEC.351. Amended by P.L.2-1991, SEC.107.
IC 35-47-5-4.1 Version b
Sawed-off shotgun
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
Sec. 4.1. (a) A person who:
(1) manufactures;
(2) causes to be manufactured;
(3) imports into Indiana;
(4) keeps for sale;
(5) offers or exposes for sale; or
(6) gives, lends, or possesses;
any sawed-off shotgun commits dealing in a sawed-off shotgun, a Level 6 felony.
(b) The presence of a weapon referred to in subsection (a) in a motor vehicle (as defined under IC 9-13-2-105(a)) except for school buses and a vehicle operated in the transportation of passengers by a common carrier (as defined in IC 8-2.1-17-4) creates an inference that the weapon is in the possession of the persons occupying the motor vehicle. However, the inference does not apply to all the persons occupying the motor vehicle if the weapon is found upon, or under the control of, one (1) of the occupants. In addition, the inference does not apply to a duly licensed driver of a motor vehicle for hire who finds the weapon in the licensed driver's motor vehicle in the proper pursuit of the licensed driver's trade.
(c) This section does not apply to a law enforcement officer who is acting in the course of the officer's official duties or to a person who manufactures or imports for sale or sells a sawed-off shotgun to a law enforcement agency.

Yup, the penalty classification system.

 

[mikefraz]

What's the difference?

 

[30calmachinegunner]

And how does that affect a person with a signed, stamped form 4 paperwork for one?

 

[xryan.jacksonx]

And how does that affect a person with a signed, stamped form 4 paperwork for one?

No one does in Indiana, they are illegal.

What's the difference?

Indiana changed how felonies are classified.

 

[30calmachinegunner]

No one does in Indiana, they are illegal.

I certainly beg to differ, it might pay to know what your talking about.

 

[BogWalker]

I certainly beg to differ, it might pay to know what your talking about.

They are illegal in the state of Indiana. They are not illegal at the federal level, but short barreled shotguns, even if registered as an NFA item, are illegal in the state of Indiana. The only work around is to register it as an AOW which requires it to start with a new receiver.

 

[30calmachinegunner]

Damn, the paperwork has the sheriffs signature on it and the paperwork says it's a SBS and the tax stamp says the Feds approved it, you saying all these people made a mistake, surely you jest

 

[HamsterStyle]

I think what 30calgunner is getting at is that FFL's can own sbs' s.

 

[HeadlessRoland]

I think what 30calgunner is getting at is that FFL's can own sbs' s.

I hope that's what he's saying.

 

[30calmachinegunner]

Nope, I'm saying that the way the law is written they are legal, what is preventing any more approvals is that a certain judge "interpreted" what the legislature wrote into law and said that's not what they meant, this is what they meant to say and that is why the BATFE is putting a stop to transfers.
Been there done that, have first hand experience.

 

[chezuki]

 

[BogWalker]

I think what 30calgunner is getting at is that FFL's can own sbs' s.

Can they and is he?

 

[Kirk Freeman]

what is preventing any more approvals is that a certain judge "interpreted" what the legislature wrote into law and said that's not what they meant, this is what they meant to say and that is why the BATFE is putting a stop to transfers

Could I please have this citation? I thank you for your time.

 

[Rookie]

 

[wolfman]

Could I please have this citation? I thank you for your time.

Dang, this thread was just getting good, and you go and ask for some actual IC and/or case law ruling.


And I had just put another batch of popcorn on.

Spoil Sport

 

[30calmachinegunner]

I have a suggestion, I have brought this to the attention of Bob Lusk, NRA-ILA EVC, Indianapolis and showed him the absurdity with the so called ban on SBS and how a judge changed the law as written, I suggest anyone who would like to get this straightened out contact him for guidance.

At at issue is I have a Ithaca stakeout, a 12 gauge AOW which is around 24" long with a pistol grip which is okay to own, I also have a HK FP6 SBS which has a 14" barrel and a shoulder stock which is around 28" long, both have all legal signed and stamped papers for them yet some say the HK is illegal based on a judges ruling on a case. The law in defining a sawed off shotgun gives 2 criteria, a barrel less then 18" and this is the key word AND a overall length less then 26", the judge said the legislature "meant" to use the word "or" which totally changes the law, this is why SBS are being shot down by the BATFE now.

You want citations, I got it from the head of the BATFE on the phone when they wouldn't approve my second SBS as to what they were basing it on.

 

[wolfman]

I have a suggestion, I have brought this to the attention of Bob Lusk, NRA-ILA EVC, Indianapolis and showed him the absurdity with the so called ban on SBS and how a judge changed the law as written, I suggest anyone who would like to get this straightened out contact him for guidance.

At at issue is I have a Ithaca stakeout, a 12 gauge AOW which is around 24" long with a pistol grip which is okay to own, I also have a HK FP6 SBS which has a 14" barrel and a shoulder stock which is around 28" long, both have all legal signed and stamped papers for them yet some say the HK is illegal based on a judges ruling on a case. The law in defining a sawed off shotgun gives 2 criteria, a barrel less then 18" and this is the key word AND a overall length less then 26", the judge said the legislature "meant" to use the word "or" which totally changes the law, this is why SBS are being shot down by the BATFE now.

You want citations, I got it from the head of the BATFE on the phone when they wouldn't approve my second SBS as to what they were basing it on.

I would love to see that straightened out and wish you well in your effort.

 

[338sniper]

You know as well as I do that many if these gun owners will question anything in order to make it illegal. They've done it time and time again.

Sometimes we are our own worse enemies

 

[mikefraz]

So if I'm reading this correctly, you did the paper work for the SBS tax stamp and got it approved. Then tried it again for a different SBS and that one wasn't approved? Is the first one still legal then?