Ind. Code » Title 35
Indiana Code

Ind. Code § 35-47-5-8 (2026)

Machine gun

✓ current as of May 2026
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     Sec. 8. A person who knowingly or intentionally owns or possesses a machine gun commits a Level 5 felony.

As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.3; P.L.123-2002, SEC.43; P.L.158-2013, SEC.594.

 

Notes of Decisions
Cited in 8 cases (5 in the last 5 years), 1991–2025 · leading case: Arrion Walton v. State of Indiana, 81 N.E.3d 679 (Ind. Ct. App. 2017).
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Arrion Walton v. State of Indiana, 81 N.E.3d 679 (Ind. Ct. App. 2017). · cites it 4× “Notably, though, in 6 See I.C. § 35-47-5-8 (providing that it is a criminal offense to possess a machine gun).”
Austill v. State, 745 N.E.2d 859 (Ind. Ct. App. 2001). · cites it 6× “Ind.Code § 35-47-5-8. "Bomb," however, was not defined under the 1998 legislation.”
Sutton v. State, 571 N.E.2d 1299 (Ind. Ct. App. 1991). “Ind.Code 35-47-5-8(2). From the viewpoint of the evidence most favorable to the verdict, we conclude there is substantial evidence of probative value to support the conclusion that Sutton possessed a bomb loaded with explosives.”
Jacob McGee v. State of Indiana (Ind. Ct. App. 2025). · cites it 12× “[4] McGee was arrested and charged with Level 5 felony possession of a machine gun under Indiana Code section 35-47-5-8. Before trial, McGee moved to dismiss the charge, arguing that Section 35-47-5-8, which “categorically ban[s] the possession of one type of firearm (machine…”
A W v. State of Indiana (Ind. 2024). · cites it 8× “” I.C. § 35-47-5-8. A.W. admits the evidence established exclusive possession but claims the State could not show beyond a reasonable doubt that he knew the Glock switch feature attached to the slide converted the Glock to a machine gun.”
Devun York v. State of Indiana (Ind. Ct. App. 2023). · cites it 3× “In this interlocutory appeal, we are asked to determine whether: (1) the facts set forth in the charge constitute a crime; and, (2) whether the statute defining a machine gun is unconstitutionally vague under the United States and Indiana constitutions.”
Vernon Lee Eversole v. State of Indiana (Ind. Ct. App. 2025). · cites it 2× “(quoting Ind. Code § 35-47-5-8 ). It stated that the second offense of “dangerous possession of a firearm by a child” occurs “if he ‘knowingly, intentionally, or recklessly possesses a firearm for any purpose other than a purpose described in Section 1[.”
United States v. Morgan (10th Cir. 2025). “§§ 16-11-122 , 16-11-124; Ind. Code §§ 35-47-5-8 , 35-47-5-10; Kan.”
Ind. Code § 35-47-5-8(2): 2 cases
Austill v. State, 745 N.E.2d 859 (Ind. Ct. App. 2001). “Ind.Code § 35-47-5-8. "Bomb," however, was not defined under the 1998 legislation.”
Sutton v. State, 571 N.E.2d 1299 (Ind. Ct. App. 1991). “Ind.Code 35-47-5-8(2). From the viewpoint of the evidence most favorable to the verdict, we conclude there is substantial evidence of probative value to support the conclusion that Sutton possessed a bomb loaded with explosives.”
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