Sec. 5. (a) A child who knowingly, intentionally, or
recklessly possesses a firearm for any purpose other than a purpose
described in section 1 of this chapter commits dangerous possession of
a firearm, a Class A misdemeanor. However, the offense is a Level 5
felony if the child has a prior conviction under this section or has been
adjudicated a delinquent for an act that would be an offense under this
section.
(b) A child who knowingly or intentionally provides a firearm to
another child whom the child knows:
(1) is ineligible for any reason to purchase or otherwise receive
from a dealer a firearm; or
(2) intends to use the firearm to commit a crime;
commits a Level 5 felony. However, the offense is a Level 3 felony if
the other child uses the firearm to commit murder (IC 35-42-1-1).
As added by P.L.140-1994, SEC.12. Amended by P.L.203-1996,
SEC.4; P.L.158-2013, SEC.602; P.L.152-2014, SEC.8; P.L.148-2024,
SEC.28.
Notes of Decisions
Cited in
51
cases (
6 in the last 5 years), 1999–2025 · leading case:
Gall v. State, 811 N.E.2d 969 (Ind. Ct. App. 2004).
Gall v. State, 811 N.E.2d 969 (Ind. Ct. App. 2004).
· cites it 16× “Ind.Code § 35-47-10-5 (1998). "Child" is defined as a person who is less than eighteen years old.”
Stewart v. State, 866 N.E.2d 858 (Ind. Ct. App. 2007).
· cites it 4× “Stewart also makes a specific challenge to the sufficiency of the evidence supporting his conviction for dangerous possession of a firearm by a child, as Indiana Code Section 35-47-10-5 defines that crime. For purposes of this statute, a “child” is a person who is less than…”
J.R. v. State of Indiana, 89 N.E.3d 408 (Ind. Ct. App. 2017).
· cites it 6× “1 Ind. Code § 35-47-10-5 (a) 2 I.C. § 35-47-2-1(a).”
C.C. v. State, 907 N.E.2d 556 (Ind. Ct. App. 2009).
· cites it 12× “The statute upon which the firearm charge is based, Indiana Code Section 35-47-10-5, states in relevant part that "[al child who knowingly, intentionally, or recklessly .”
Taylor v. State, 879 N.E.2d 1198 (Ind. Ct. App. 2008).
· cites it 2× “Taylor had stolen the Escape, and this is the basis for one of his convictions of auto theft.”
Dozier v. State, 709 N.E.2d 27 (Ind. Ct. App. 1999).
· cites it 2× “Ind.Code § 35-47-10-5. 3 .A person at least sixteen years of age charged with carrying a handgun without a license or dangerous possession of a firearm is subject to adult criminal court jurisdiction.”
J.R. v. State of Indiana, 100 N.E.3d 256 (Ind. 2018).
· cites it 2× “" Ind. Code § 35-47-10-5 (a) (emphasis added); see Ind.”
J.B. v. State of Indiana, 30 N.E.3d 51 (Ind. Ct. App. 2015).
· cites it 2× “Ind.Code§ 35-47-10-5 (1996). 2 . At the hearing, the court also heard evidence in a separate juvenile case against J.”
D.F. v. State of Indiana, 34 N.E.3d 686 (Ind. Ct. App. 2015).
· cites it 2× “Ind.Code§ 35-47-10-5. 2 . Ind.Code§ 35-47-2-1.”
D.Y. v. State of Indiana, 28 N.E.3d 249 (Ind. Ct. App. 2015).
· cites it 3× “Ind.Code § 35-47-10-5. 2 . I.C. § 35-47-2-1.”
K.K. v. State of Indiana, 40 N.E.3d 488 (Ind. Ct. App. 2015).
· cites it 2× “See Ind.Code § 35-47-10-5 (providing, .in part, that a child Who knowingly, intentionally, or recklessly possesses firearm for any other purpose other, than described in section 1 of the chapter, which exempts certain uses of firearms such as attending a hunter safety course,…”
D.E. v. State, 962 N.E.2d 94 (Ind. Ct. App. 2011).
· cites it 2× “Ind.Code § 35-47-10-5. . Ind.Code § 35-44-3-3.”
— Ind. Code § 35-47-10-5(1) — 1 case
Gall v. State, 811 N.E.2d 969 (Ind. Ct. App. 2004).
“Ind.Code § 35-47-10-5 (1998). "Child" is defined as a person who is less than eighteen years old.”
— Ind. Code § 35-47-10-5(a) — 15 cases
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