1. (a) This section does not apply to a person who complies with IC 35-47-10 (governing children and firearms).

2. (b) A person who provides a firearm to an individual who the person knows:

   1. (1) is ineligible to purchase or otherwise receive or possess a firearm for any reason other than the person's age; or

   2. (2) intends to use the firearm to commit a crime;

      commits criminal transfer of a firearm, a Level 5 felony. However, the offense is a Level 3 felony if the individual uses the firearm to commit murder ( IC 35-42-1-1 ).

3. (c) It is a defense to a prosecution under subsection (b)(1) that:

   1. (1) the accused person (or dealer acting on the person's behalf) contacted NICS to request a background check on the individual before the accused person provided the firearm to the individual; and
   2. (2) the accused person (or dealer acting on the person's behalf) received authorization from NICS to provide the firearm to the individual.

As added by P.L.152-2014, SEC.6.