Indiana Code
Ind. Code § 35-47-1-5 (2026)
"Firearm"
✓ current as of May 2026
Sec. 5. "Firearm" means any weapon:
(1) that is:
(A) capable of expelling; or
(B) designed to expel; or
(2) that may readily be converted to expel;
a projectile by means of an explosion.
As added by P.L.311-1983, SEC.32. Amended by P.L.3-2008, SEC.254.
Notes of Decisions
Cited in 25
cases (3 in the last 5 years), 1993–2024 · leading case: Staten v. State, 844 N.E.2d 186 (Ind. Ct. App. 2006).
Staten v. State, 844 N.E.2d 186 (Ind. Ct. App. 2006). “Specifically, she asserts that a disassembled handgun does not meet the definition of "firearm" under Indiana Code Section 35-47-1-5 and, therefore, that she was not carrying a handgun in violation of Indiana Code Section 35-47-2-1.”
State v. Gibbs, 769 N.E.2d 594 (Ind. Ct. App. 2002). “Therefore, regardless of the handgun's age,, if it was "designed to expel a projectile by means of an explosion," see I.C. § 35-47-1-5, and meets the handling and barrel-length requirements of LC.”
Miller v. State, 616 N.E.2d 750 (Ind. Ct. App. 1993). “" Ind. Code § 35-47-1-5 . The evidence in this case demonstrates Miller's pellet gun is a handgun as defined by statute.”
Christopher Smith v. State of Indiana, 8 N.E.3d 668 (Ind. 2014). “So would Smith have us excuse from criminal culpability the serious violent felon who possesses a shotgun, truthfully not knowing that it meets the definition of a firearm? See Ind. Code §§ 35-47-1-5 , -4-5 (2008). Do we forgive the individual who, after his driver’s license is…”
Alexander v. State, 768 N.E.2d 971 (Ind. Ct. App. 2002). “" Ind.Code § 35-47-1-5 (Burns Code Ed. Repl.”
Lewis v. State, 769 N.E.2d 243 (Ind. Ct. App. 2002). “" Ind.Code § 35-47-1-5. A "handgun" is "any firearm designed or adapted so as to be aimed 'and fired from one (1) hand, regardless of barrel length; or any firearm with a barrel less than sixteen (16) inches in length; or an overall length of less than twenty-six (26) inches.”
Hatchett v. State, 740 N.E.2d 920 (Ind. Ct. App. 2000). “Cope § 35-47-1-5 (defining "firearm" as "any weapon that is capable of or designed to or that may readily be converted to expel a projectile by means of an explosion") (emphasis added); Inp.”
N.W.W. v. State, 878 N.E.2d 506 (Ind. Ct. App. 2007). “”); Ind.Code § 35-47-1-5 (defining “firearm” as “any weapon that is capable of or designed to or that may readily be converted to expel a projectile by means of an explosion.”
State v. Enriquez, 2024 ND 164 (N.D. 2024). “1 (2023); Ind. Code § 35-47-1-5 (2008); Iowa Code § 683.”
State v. Craddick, 311 P.3d 1157 (Kan. Ct. App. 2013). “Code § 35-47-1-5 “because carbon dioxide (C02), the propellant in this case[,] is a non combustible gas and, thus, cannot explode”; rather, “[t]he expansion of compressed gas that propels the pellet is a physical force, like tire force from a compressed spring in a BB gun.”
Jacob Hart v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020). “” I.C. § 35-47-1-5. Not challenging his status as a serious violent felon, Hart instead contends that law enforcement testimony was “far from unequivocal” that he possessed a firearm as statutorily defined.”
Kevin Perry v. State of Indiana (Ind. Ct. App. 2012). “Ind. Code § 35-47-1-5 . Perry contends the State only presented evidence “that he held a weapon that had the appearance of a gun” and “the State did not present proof beyond a reasonable doubt that the object Mr.”
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