reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 14. Proceedings for the Seizure and Retention of a Firearm › 35-47-14-5. Requirement of Hearing on Whether Firearm Should Be Returned or Retained

Sec. 5. (a) After the filing of a search warrant return under section 2 of this chapter or the filing of an affidavit under section 3 of this chapter, the court shall conduct a hearing.
(b) The court shall make a good faith effort to conduct the hearing not later than fourteen (14) days after the filing of a search warrant return under section 2 of this chapter or the filing of an affidavit under section 3 of this chapter. If the hearing cannot be conducted within fourteen (14) days after the filing of the search warrant return or affidavit, the court shall conduct the hearing as soon as possible. However, a request for a continuance of the hearing described in this subsection for a period of not more than sixty (60) days from the individual from whom the firearm was seized shall be liberally granted. The court shall inform:
(1) the prosecuting attorney; and
(2) the individual from whom the firearm was seized;
of the date, time, and location of the hearing. The court may conduct the hearing at a facility or other suitable place not likely to have a harmful effect upon the individual's health or well-being.
As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.10.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 14. Proceedings for the Seizure and Retention of a Firearm › 35-47-14-6. Burden of Proof at Hearing; Court Orders; Reporting

Sec. 6. (a) The court shall conduct a hearing as required under this chapter.
(b) The state has the burden of proving all material facts by clear and convincing evidence.
(c) If the court determines that the state has proved by clear and convincing evidence that the individual is dangerous, the court shall issue a written order:
(1) finding the individual is dangerous (as defined in section 1 of this chapter);
(2) ordering the law enforcement agency having custody of the seized firearm to retain the firearm;
(3) ordering the individual's license to carry a handgun, if applicable, suspended; and
(4) enjoining the individual from:
(A) renting;
(B) receiving transfer of;
(C) owning; or
(D) possessing;
a firearm; and
determine whether the individual should be referred to further proceedings to consider whether the individual should be involuntarily detained or committed under IC 12-26-6-2(a)(2)(B).
(d) If the court finds that the individual is dangerous under subsection (c), the clerk shall transmit the order of the court to the office of judicial administration:
(1) for transmission to NICS (as defined in IC 35-47-2.5-2.5); and
(2) beginning July 1, 2021, for the collection of certain data related to the confiscation and retention of firearms taken from dangerous individuals;
in accordance with IC 33-24-6-3.
(e) If the court orders a law enforcement agency to retain a firearm, the law enforcement agency shall retain the firearm until the court orders the firearm returned or otherwise disposed of.
(f) If the court determines that the state has failed to prove by clear and convincing evidence that the individual is dangerous, the court shall issue a written order that:
(1) the individual is not dangerous (as defined in section 1 of this chapter); and
(2) the law enforcement agency having custody of the firearm shall return the firearm as quickly as practicable, but not later than five (5) days after the date of the order, to the individual from whom it was seized.
As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.11; P.L.142-2020, SEC.78.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 14. Proceedings for the Seizure and Retention of a Firearm › 35-47-14-7. If Firearm Seized Is Owned by Another Individual

Sec. 7. If the court, in a hearing conducted under section 5 of this chapter, determines that:
(1) the individual from whom a firearm was seized is dangerous; and
(2) the firearm seized from the individual is owned by another individual;
the court may order the law enforcement agency having custody of the firearm to return the firearm to the owner of the firearm.
As added by P.L.1-2006, SEC.537.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 14. Proceedings for the Seizure and Retention of a Firearm › 35-47-14-8. Petition for Return of a Firearm; Reporting

Sec. 8. (a) At least one hundred eighty (180) days after the date on which a court orders a law enforcement agency to retain an individual's firearm under section 6(c) of this chapter, the individual may petition the court for a finding that the individual is no longer dangerous.
(b) Upon receipt of a petition described in subsection (a), the court shall:
(1) enter an order setting a date for a hearing on the petition; and
(2) inform the prosecuting attorney of the date, time, and location of the hearing.
(c) The prosecuting attorney shall represent the state at the hearing on a petition under this section.
(d) In a hearing on a petition under this section, the individual may be represented by an attorney.
(e) In a hearing on a petition under this section filed:
(1) not later than one (1) year after the date of the order issued under section 6(c) of this chapter, the individual must prove by a preponderance of the evidence that the individual is no longer dangerous; and
(2) later than one (1) year after the date of the order issued under section 6(c) of this chapter, the state must prove by clear and convincing evidence that the individual is still dangerous.
(f) If, upon the completion of the hearing and consideration of the record, the court finds that the individual is no longer dangerous, the court shall:
(1) issue a court order that finds that the individual is no longer dangerous;
(2) order the law enforcement agency having custody of any firearm to return the firearm as quickly as practicable, but not later than five (5) days after the date of the order, to the individual;
(3) terminate any injunction issued under section 6 of this chapter; and
(4) terminate the suspension of the individual's license to carry a handgun so that the individual may reapply for a license.
(g) If the court denies an individual's petition under this section, the individual may not file a subsequent petition until at least one hundred eighty (180) days after the date on which the court denied the petition.
(h) If a court issues an order described under subsection (f), the court's order shall be transmitted, as soon as practicable, to the office of judicial administration for transmission to the NICS (as defined in IC 35-47-2.5-2.5) and, beginning July 1, 2021, for the collection of certain data related to the confiscation and retention of firearms taken from dangerous individuals in accordance with IC 33-24-6-3.
As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.12; P.L.142-2020, SEC.79.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 14. Proceedings for the Seizure and Retention of a Firearm › 35-47-14-9. When Law Enforcement Agency May Be Ordered to Dispose of Firearm

Sec. 9. If at least five (5) years have passed since a court conducted the first hearing to retain a firearm under this chapter, the court, after giving notice to the parties and conducting a hearing, may order the law enforcement agency having custody of the firearm to dispose of the firearm in accordance with IC 35-47-3.
As added by P.L.1-2006, SEC.537. Amended by P.L.157-2014, SEC.6.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 14. Proceedings for the Seizure and Retention of a Firearm › 35-47-14-10. Request to Sell or Transfer Retained Firearm

Sec. 10. (a) If a court has ordered a law enforcement agency to retain an individual's firearm under section 6 of this chapter, the individual or the rightful owner of the firearm, as applicable, may petition the court to order the law enforcement agency to:
(1) transfer the firearm to a responsible third party as described under section 1.5 of this chapter;
(2) transfer the firearm to an individual who possesses a valid federal firearms license issued under 18 U.S.C. 923 for storage or an eventual lawful sale whose terms are mutually agreed upon between the licensee and the individual or rightful owner, as applicable; or
(3) sell the firearm at auction under IC 35-47-3-2 and return the proceeds to the individual or the rightful owner of the firearm, as applicable.
The responsible third party who accepts transfer of the firearm from the law enforcement agency under a court order under this section shall enter into a written court agreement that obligates the responsible third party to the reasonable care and storage of the firearm, including not providing access or transferring the firearm to the individual found to be dangerous in a hearing under section 6 of this chapter.
(b) An individual or rightful owner of the firearm may petition the court as described in subsection (a):
(1) at the hearing described in section 6 or 9 of this chapter; or
(2) at any time before the hearing described in section 6 or 9 of this chapter is held.
(c) If an individual or rightful owner timely requests a sale or transfer of a firearm under subsection (a), the court shall order the law enforcement agency having custody of the firearm to transfer the firearm or sell the firearm at auction under IC 35-47-3-2, unless:
(1) the serial number of the firearm has been obliterated;
(2) the transfer of the firearm would be unlawful; or
(3) the requirements of subsection (a) have not been met.
(d) If the court issues an order under subsection (c), the court's order must require:
(1) that the firearm be sold not more than one (1) year after receipt of the order; and
(2) that the proceeds of the sale be returned to the individual or rightful owner of the firearm.
(e) A law enforcement agency may retain not more than eight percent (8%) of the sale price to pay the costs of the sale, including administrative costs and the auctioneer's fee.
As added by P.L.157-2014, SEC.7. Amended by P.L.289-2019, SEC.13.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 14. Proceedings for the Seizure and Retention of a Firearm › 35-47-14-11. Effect of Sale or Transfer of Retained Firearm

Sec. 11. The sale, disposal, or transfer of a firearm retained under this chapter does not:
(1) alter or terminate an individual's designation as a dangerous person by a court; or
(2) constitute prima facie evidence that an individual is no longer dangerous.
As added by P.L.289-2019, SEC.14.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 14. Proceedings for the Seizure and Retention of a Firearm › 35-47-14-12. Standard of Care for Retained Firearm

Sec. 12. (a) A law enforcement agency storing a firearm seized under this chapter shall use reasonable care to ensure that the firearm is not lost or damaged, and the law enforcement agency is prohibited from marking the firearm for identification or other purposes.
(b) A law enforcement agency shall be liable for any damage to or loss of the firearm that results from the law enforcement agency's negligence in the storage or handling of the firearm.
As added by P.L.289-2019, SEC.15.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 14. Proceedings for the Seizure and Retention of a Firearm › 35-47-14-13. Search Warrant Requirement

Sec. 13. Nothing in this chapter may be construed to authorize a warrantless search or seizure by a law enforcement officer if a warrant would otherwise be required.
As added by P.L.289-2019, SEC.16.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 15. Retired Law Enforcement Officers Identification for Carrying Firearms › 35-47-15-1. "Firearm"

Sec. 1. As used in this chapter, "firearm" has the meaning set forth in 18 U.S.C. 926C(e).
As added by P.L.1-2006, SEC.538.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 15. Retired Law Enforcement Officers Identification for Carrying Firearms › 35-47-15-2. "Law Enforcement Agency"

Sec. 2. As used in this chapter, "law enforcement agency" means an agency or department of:
(1) the state;
(2) a political subdivision of the state; or
(3) a tribe;
whose principal function is the apprehension of criminal offenders.
As added by P.L.1-2006, SEC.538. Amended by P.L.64-2022, SEC.11.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 15. Retired Law Enforcement Officers Identification for Carrying Firearms › 35-47-15-3. "Law Enforcement Officer"

Sec. 3. As used in this chapter, "law enforcement officer" has the meaning set forth in IC 35-31.5-2-185. The term includes an arson investigator employed by the office of the state fire marshal.
As added by P.L.1-2006, SEC.538. Amended by P.L.114-2012, SEC.143.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 15. Retired Law Enforcement Officers Identification for Carrying Firearms › 35-47-15-4. Photo Identification for Retired Law Enforcement Officers

Sec. 4. After June 30, 2005, all law enforcement agencies shall issue annually to each person who has retired from that agency as a law enforcement officer a photographic identification.
As added by P.L.1-2006, SEC.538.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 15. Retired Law Enforcement Officers Identification for Carrying Firearms › 35-47-15-5. Additional Requirement for Retired Law Enforcement Officer to Carry Concealed Firearm

Sec. 5. (a) In addition to the photographic identification issued under section 4 of this chapter, after June 30, 2005, a retired law enforcement officer who carries a concealed firearm under 18 U.S.C. 926C must obtain annually, for each type of firearm that the retired officer intends to carry as a concealed firearm, evidence that the retired officer meets the training and qualification standards for carrying that type of firearm that are established:
(1) by the retired officer's law enforcement agency, for active officers of the agency; or
(2) by the state, for active law enforcement officers in the state.
A retired law enforcement officer bears any expense associated with obtaining the evidence required under this subsection.
(b) The evidence required under subsection (a) is one (1) of the following:
(1) For compliance with the standards described in subsection (a)(1), an endorsement issued by the retired officer's law enforcement agency with or as part of the photographic identification issued under section 4 of this chapter.
(2) For compliance with the standards described in subsection (a)(2), a certification issued by the state.
As added by P.L.1-2006, SEC.538.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 15. Retired Law Enforcement Officers Identification for Carrying Firearms › 35-47-15-6. Immunity From Civil or Criminal Liability

Sec. 6. An entity that provides evidence required under section 5 of this chapter is immune from civil or criminal liability for providing the evidence.
As added by P.L.1-2006, SEC.538.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 16. Possession of Firearms by Judicial Officers › 35-47-16-1. Possession of Firearms

Sec. 1. A judicial officer:
(1) may possess and use a firearm in the same locations that a law enforcement officer who is authorized to carry a firearm under IC 5-2-1 may possess a firearm while the law enforcement officer is engaged in the execution of the law enforcement officer's official duties; and
(2) may not be prohibited from possessing a firearm on land or in buildings and other structures owned or leased by:
(A) the state or any agency of state government; or
(B) a political subdivision (as defined in IC 3-5-2-38).
As added by P.L.147-2014, SEC.4.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47. Weapons and Instruments of Violence › Chapter 16. Possession of Firearms by Judicial Officers › 35-47-16-2. Immunities and Defenses

Sec. 2. A judicial officer who possesses a firearm as described in section 1 of this chapter has the same civil and criminal immunities and defenses concerning possession and use of the firearm that a law enforcement officer has when the law enforcement officer:
(1) possesses and uses a firearm; and
(2) is engaged in the execution of the law enforcement officer's official duties.
As added by P.L.147-2014, SEC.4.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 1. Applicability › 35-47.5-1-1. Application

Sec. 1. This article does not apply to the following:
(1) Fertilizers, propellant actuated devices, or propellant activated industrial tools:
(A) manufactured;
(B) imported;
(C) distributed; or
(D) used;
for their designed purposes.
(2) A pesticide that is:
(A) manufactured;
(B) stored;
(C) transported;
(D) distributed;
(E) possessed; or
(F) used;
for its designed purposes or in accordance with Chapter 7 of Title 2, the federal Insecticide, Fungicide, and Rodenticide Act, 61 Stat. 163, as amended, and the federal Environmental Pesticide Control Act of 1972, P.L.92-516, as amended.
As added by P.L.123-2002, SEC.50.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 2. Definitions › 35-47.5-2-2. "Booby Trap"

Sec. 2. "Booby trap" means a device meant to cause death or bodily injury by:
(1) hiding the device; or
(2) activating the device by trip wires, switches, antidisturbance, or other remote means.
As added by P.L.123-2002, SEC.50.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 2. Definitions › 35-47.5-2-4. "Destructive Device"

Sec. 4. (a) "Destructive device" means:
(1) an explosive, incendiary, or overpressure device that is configured as a:
(A) bomb;
(B) grenade;
(C) rocket with a propellant charge of more than four (4) ounces;
(D) missile having an explosive or incendiary charge of more than one-quarter (1/4) ounce;
(E) mine;
(F) Molotov cocktail; or
(G) device that is substantially similar to an item described in clauses (A) through (F);
(2) a type of weapon that may be readily converted to expel a projectile by the action of an explosive or other propellant through a barrel that has a bore diameter of more than one-half (1/2) inch; or
(3) a combination of parts designed or intended for use in the conversion of a device into a destructive device.
(b) The term does not include the following:
(1) A pistol, rifle, shotgun, or weapon suitable for sporting or personal safety purposes or ammunition.
(2) A device that is neither designed nor redesigned for use as a weapon.
(3) A device that, although originally designed for use as a weapon, is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device.
(4) A surplus military ordnance sold, loaned, or given by authority of the appropriate official of the United States Department of Defense.
As added by P.L.123-2002, SEC.50.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 2. Definitions › 35-47.5-2-5. "Detonator"

Sec. 5. "Detonator" means a device containing a detonating charge that is used to initiate detonation in an explosive, including the following:
(1) Electric blasting caps.
(2) Blasting caps for use with safety fuses.
(3) Detonating cord delay connectors.
(4) Blasting caps for use with a shock tube.
(5) Improvised devices designed to function as a detonator.
As added by P.L.123-2002, SEC.50.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 2. Definitions › 35-47.5-2-7. "Explosives"

Sec. 7. "Explosives" means a chemical compound or other substance or mechanical system intended to produce an explosion capable of causing injury to persons or damage to property or containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonation may produce an explosion capable of causing injury to persons or damage to property, including the substances designated in IC 35-47.5-3. The term does not include the following:
(1) A model rocket and model rocket engine designed, sold, and used to propel recoverable aero models.
(2) A paper cap in which the explosive content does not average more than twenty-five hundredths (0.25) grains of explosive mixture per paper cap for toy pistols, toy cannons, toy canes, toy guns, or other devices using paper caps unless the paper cap is used as a component of a destructive device.
As added by P.L.123-2002, SEC.50.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 2. Definitions › 35-47.5-2-8. "Hoax Device"; "Replica"

Sec. 8. "Hoax device" or "replica" means a device or article that has the appearance of a destructive device or detonator.
As added by P.L.123-2002, SEC.50.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 2. Definitions › 35-47.5-2-9. "Incendiary"

Sec. 9. "Incendiary" means a flammable liquid or compound with a flash point not greater than one hundred fifty (150) degrees Fahrenheit, as determined by a Tagliabue or an equivalent closed cup device, including gasoline, kerosene, fuel oil, or a derivative of these substances.
As added by P.L.123-2002, SEC.50.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 2. Definitions › 35-47.5-2-11. "Overpressure Device"

Sec. 11. "Overpressure device" means:
(1) a frangible container filled with an explosive gas or expanding gas that is designed or constructed to cause the container to break or fracture in a manner that is capable of causing death, bodily harm, or property damage; or
(2) a container filled with an explosive gas or expanding gas or chemicals that generate an expanding gas.
As added by P.L.123-2002, SEC.50.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 2. Definitions › 35-47.5-2-13. "Regulated Explosive"

Sec. 13. (a) "Regulated explosive" includes:
(1) a destructive device; and
(2) an explosive.
(b) The term does not include the following:
(1) An explosive in a manufactured article that is designed and packaged in a manner that is likely to prevent an explosion resulting in property damage or personal injury. A manufactured article to which this subdivision applies includes fixed ammunition for small arms, a firework, and a safety fuse match.
(2) Gasoline, kerosene, naphtha, turpentine, or benzine.
(3) An explosive that is being transported on or in a vessel, railroad car, or highway vehicle in conformity with the regulations adopted by the United States Department of Transportation.
(4) A blasting explosive that is transported or used for agricultural purposes and that is in a quantity that does not exceed two hundred (200) pounds.
(5) Ammonium nitrate or other explosive compounds kept for mining purposes at coal mines regulated under IC 14-34.
As added by P.L.123-2002, SEC.50.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 4. Registration and Control › 35-47.5-4-1. Inspection of Places Regulated Explosives Manufactured

Sec. 1. The department shall carry out a program to periodically inspect places where regulated explosives are manufactured.
As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006, SEC.540; P.L.187-2021, SEC.131.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 4. Registration and Control › 35-47.5-4-2. Insurance Required of Regulated Explosive Manufacturer; Proof of Insurance; Exemption

Sec. 2. (a) The department may order any person engaged in the manufacture or handling of a regulated explosive and any person with control over a place where regulated explosives are manufactured or handled to maintain insurance covering fire and explosion losses. The order is not effective until sixty (60) days after the date that notice of the order is received.
(b) The state fire marshal shall specify the insurance required under subsection (a) in an amount not less than ten thousand dollars ($10,000) nor more than two hundred fifty thousand dollars ($250,000).
(c) Proof of the insurance required under this section must be maintained with the department of insurance.
(d) The insurance commissioner may exempt a person from the insurance requirements under this section if an applicant for the exemption submits proof that the applicant has the financial ability to discharge all judgments in the amount specified by the state fire marshal. The insurance commissioner may revoke an exemption under this subsection if the commissioner requires additional proof of financial ability and:
(1) the exempted person fails to comply with the order; or
(2) the insurance commissioner determines that the exempted person has failed to provide adequate proof of financial ability.
As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006, SEC.541; P.L.187-2021, SEC.132.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 4. Registration and Control › 35-47.5-4-3. Inspection of Places Regulated Explosives Stored

Sec. 3. The department shall carry out a program to periodically inspect places where regulated explosives are stored.
As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006, SEC.542; P.L.187-2021, SEC.133.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 4. Registration and Control › 35-47.5-4-4. Regulated Explosives Magazine Permits; Expiration of Permits

Sec. 4. (a) The department shall issue a regulated explosives magazine permit to maintain an explosives magazine to an applicant who qualifies under section 5 of this chapter.
(b) A permit issued under subsection (a) expires one (1) year after it is issued. The permit is limited to storage of the types and maximum quantities of explosives specified in the permit in the place covered by the permit and under the construction and location requirements specified in the rules of the commission.
As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006, SEC.543; P.L.187-2021, SEC.134.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 4. Registration and Control › 35-47.5-4-4.5. Rules

Sec. 4.5. (a) This section does not apply to:
(1) a person who is regulated under IC 14-34; or
(2) near surface or subsurface use of regulated explosives associated with oil and natural gas:
(A) exploration;
(B) development;
(C) production; or
(D) abandonment activities or procedures.
(b) The commission shall adopt rules under IC 4-22-2 to:
(1) govern the use of a regulated explosive; and
(2) establish requirements for the issuance of a license for the use of a regulated explosive.
(c) The commission shall include the following requirements in the rules adopted under subsection (b):
(1) Relicensure every three (3) years after the initial issuance of a license.
(2) Continuing education as a condition of relicensure.
(3) An application for licensure or relicensure must be submitted to the department on forms approved by the commission.
(4) A fee for licensure and relicensure.
(5) Reciprocal recognition of a license for the use of a regulated explosive issued by another state if the licensure requirements of the other state are substantially similar to the licensure requirements established by the commission.
(d) A person may not use a regulated explosive unless the person has a license issued under this section for the use of a regulated explosive.
(e) The department shall carry out the licensing and relicensing program under the rules adopted by the commission.
(f) As used in this section, "regulated explosive" does not include either of the following:
(1) Consumer fireworks (as defined in 27 CFR 555.11).
(2) Commercially manufactured black powder in quantities not to exceed fifty (50) pounds, if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or antique devices.
As added by P.L.35-2004, SEC.2. Amended by P.L.25-2004, SEC.6; P.L.2-2005, SEC.128; P.L.80-2005, SEC.7; P.L.1-2006, SEC.544; P.L.187-2021, SEC.135.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 4. Registration and Control › 35-47.5-4-5. Qualifications for Issuance and Renewal of Permit

Sec. 5. (a) To qualify for a regulated explosives permit, an applicant must:
(1) submit information on the form provided by the state fire marshal describing:
(A) the location of the affected magazine;
(B) the types and maximum quantities of explosives that will be kept in the place covered by the application; and
(C) the distance that the affected magazine will be located from the nearest highway, railway, and structure that is also used as a place of habitation or assembly other than for the manufacture of explosives;
(2) except as provided in subdivision (3), demonstrate through an inspection that the magazine is constructed and located in accordance with the rules adopted by the commission;
(3) demonstrate through an inspection that smoking, matches, open flames, and spark producing devices are not allowed within a room containing an indoor magazine; and
(4) pay the fee under IC 22-12-6-6.
(b) To qualify for the renewal of a regulated explosives permit, the applicant must pay the fee under IC 22-12-6-6.
As added by P.L.123-2002, SEC.50.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 4. Registration and Control › 35-47.5-4-6. Violation of Permit Requirement; Exception

Sec. 6. (a) This section does not apply to storage that is exempted from the requirements of this section in the rules adopted by the commission under IC 22-13-3.
(b) A person who:
(1) stores a regulated explosive;
(2) has control over a regulated explosive that is stored; or
(3) has control over a place where a regulated explosive is stored;
without a regulated explosives magazine permit issued under this chapter that covers the storage commits a Class C infraction.
As added by P.L.123-2002, SEC.50.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 4. Registration and Control › 35-47.5-4-7. Reporting Injuries Caused by Destructive Device

Sec. 7. A physician or hospital that has reason to believe that the physician or hospital is treating a person for an injury inflicted while the person was making or using a destructive device shall report the injury to a local law enforcement agency under IC 35-47-7-5.
As added by P.L.123-2002, SEC.50.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 5. Offenses Relating to Regulated Explosives › 35-47.5-5-1. Application

Sec. 1. Sections 2, 3, 4, 5, and 6 of this chapter do not apply to the following:
(1) A person authorized to manufacture, possess, transport, distribute, or use a destructive device or detonator under the laws of the United States, as amended, or under Indiana law when the person is acting in accordance with the laws, regulations, and rules issued under federal or Indiana law.
(2) A person who is issued a permit for blasting or surface coal mining by the director of the department of natural resources under IC 14-34 when the person is acting under the laws and rules of Indiana and any ordinances and regulations of the political subdivision or authority of the state where blasting or mining operations are being performed.
(3) Fireworks (as defined in IC 22-11-14-1) and a person authorized by the laws of Indiana and of the United States to manufacture, possess, distribute, transport, store, exhibit, display, or use fireworks.
(4) A law enforcement agency, a fire service agency, the department of homeland security, or an emergency management agency of Indiana, an agency or an authority of a political subdivision of the state or the United States, and an employee or authorized agent of the United States while in performance of official duties.
(5) A law enforcement officer, a fire official, or an emergency management official of the United States or any other state if that person is attending training in Indiana.
(6) The armed forces of the United States or of Indiana.
(7) Research or educational programs conducted by or on behalf of a college, university, or secondary school that are:
(A) authorized by the chief executive officer of the educational institution or the officer's designee; or
(B) conducted under the policy of the educational institution;
and conducted in accordance with the laws of the United States and Indiana.
(8) The use of explosive materials in medicines and medicinal agents in forms prescribed by the most recent published edition of the official United States Pharmacopoeia or the National Formulary.
(9) Small arms ammunition and reloading components of small arms ammunition.
(10) Commercially manufactured black powder in quantities not to exceed fifty (50) pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or antique devices.
(11) An explosive that is lawfully possessed for use in legitimate agricultural or business activities.
As added by P.L.123-2002, SEC.50. Amended by P.L.1-2006, SEC.545.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 5. Offenses Relating to Regulated Explosives › 35-47.5-5-2. Destructive Devices

Sec. 2. A person who knowingly or intentionally:
(1) possesses;
(2) manufactures;
(3) transports;
(4) distributes;
(5) possesses with the intent to distribute; or
(6) offers to distribute;
a destructive device, unless authorized by law, commits a Level 5 felony.
As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.608.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 5. Offenses Relating to Regulated Explosives › 35-47.5-5-3. Regulated Explosives; Persons Convicted of Felonies; Prior Unrelated Convictions

Sec. 3. A person who has been convicted of a felony by an Indiana court or a court of any other state, the United States, or another country and knowingly or intentionally:
(1) possesses;
(2) manufactures;
(3) transports;
(4) distributes;
(5) possesses with the intent to distribute; or
(6) offers to distribute;
a regulated explosive commits a Level 5 felony. However, the offense is a Level 4 felony if the person has a prior unrelated conviction for an offense under this section.
As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.609.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 5. Offenses Relating to Regulated Explosives › 35-47.5-5-4. Distribution of Regulated Explosives to Persons Convicted of Felony

Sec. 4. A person who knowingly or intentionally distributes a regulated explosive to a person who has been convicted of a felony by an Indiana court or a court of another state, the United States, or another country commits a Level 5 felony.
As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.610.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 5. Offenses Relating to Regulated Explosives › 35-47.5-5-5. Distribution of Destructive Device, Explosive, or Detonator to a Minor

Sec. 5. A person who knowingly or intentionally distributes or offers to distribute:
(1) a destructive device;
(2) an explosive; or
(3) a detonator;
to a person who is less than eighteen (18) years of age commits a Level 4 felony.
As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.611.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 5. Offenses Relating to Regulated Explosives › 35-47.5-5-6. Hoax Devices or Replicas

Sec. 6. A person who:
(1) manufactures;
(2) possesses;
(3) transports;
(4) distributes; or
(5) uses;
a hoax device or replica with the intent to cause another to believe that the hoax device or replica is a destructive device or detonator commits a Level 6 felony.
As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.612.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 5. Offenses Relating to Regulated Explosives › 35-47.5-5-7. Hindering or Obstructing Detection, Disarming, or Destruction of Destructive Device

Sec. 7. A person who knowingly or intentionally hinders or obstructs:
(1) a law enforcement officer;
(2) a fire official;
(3) an emergency management official;
(4) an animal trained to detect destructive devices; or
(5) a robot or mechanical device designed or used by a law enforcement officer, fire official, or emergency management official;
of Indiana or of the United States in the detection, disarming, or destruction of a destructive device commits a Level 4 felony.
As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.613.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 5. Offenses Relating to Regulated Explosives › 35-47.5-5-8. Destructive Device or Explosive to Kill, Injure, or Intimidate or to Destroy Property

Sec. 8. A person who:
(1) possesses;
(2) transports;
(3) receives;
(4) places; or
(5) detonates;
a destructive device or explosive with the knowledge or intent that it will be used to kill, injure, or intimidate an individual or to destroy property commits a Level 2 felony.
As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.614.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 5. Offenses Relating to Regulated Explosives › 35-47.5-5-9. Use of Overpressure Device

Sec. 9. A person who knowingly or intentionally uses an overpressure device commits a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction for an offense under this section.
As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.615.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 5. Offenses Relating to Regulated Explosives › 35-47.5-5-10. Deploying a Booby Trap

Sec. 10. A person who knowingly or intentionally deploys a booby trap commits a Level 6 felony.
As added by P.L.123-2002, SEC.50. Amended by P.L.158-2013, SEC.616.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 47.5. Controlled Explosives › Chapter 5. Offenses Relating to Regulated Explosives › 35-47.5-5-11. Use of Regulated Explosive in Violation of Commission Rule

Sec. 11. A person who recklessly violates a rule regarding the use of a regulated explosive adopted by the commission under IC 35-47.5-4-4.5 commits a Class A misdemeanor. However, the offense is:
(1) a Level 6 felony if the violation of the rule proximately causes bodily injury; and
(2) a Level 5 felony if the violation of the rule proximately causes death.
As added by P.L.35-2004, SEC.3. Amended by P.L.158-2013, SEC.617.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The addition of section 9.3 of this chapter by P.L.225-2003 applies only to a controlled substance offense under IC 35-48-4 that occurs after June 30, 2003.
As added by P.L.220-2011, SEC.627. Amended by P.L.63-2012, SEC.81.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-1. Repealed

As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.95; Acts 1979, P.L.303, SEC.1; P.L.200-1987, SEC.3. Repealed by P.L.5-1988, SEC.208.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-3. "Administer"

Sec. 3. "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(1) a practitioner or by his authorized agent; or
(2) the patient or research subject at the direction and in the presence of the practitioner.
As added by P.L.5-1988, SEC.183.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-5. "Agent"

Sec. 5. "Agent" means an authorized person who acts on behalf of, or at the direction of, a manufacturer, distributor, or dispenser, but it does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman.
As added by P.L.5-1988, SEC.185.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-7. "Cocaine"

Sec. 7. "Cocaine" includes coca leaves and any salt, compound, or derivative of coca leaves, and any salt, compound, isomer, derivative, or preparation which is chemically equivalent or identical to any of these substances. However, decocainized coca leaves or extraction of coca leaves that do not contain cocaine or ecgonine are not included.
As added by P.L.5-1988, SEC.187.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-9. "Controlled Substance"

Sec. 9. "Controlled substance" means a drug, substance, or immediate precursor in schedule I, II, III, IV, or V under:
(1) IC 35-48-2-4, IC 35-48-2-6, IC 35-48-2-8, IC 35-48-2-10, or IC 35-48-2-12, if IC 35-48-2-14 does not apply; or
(2) a rule adopted by the board, if IC 35-48-2-14 applies.
The term does not include low THC hemp extract.
As added by P.L.5-1988, SEC.189. Amended by P.L.153-2018, SEC.17.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-9.3. "Controlled Substance Analog"

Sec. 9.3. (a) "Controlled substance analog" means a substance that, due to its chemical structure and potential for abuse or misuse, meets the following criteria:
(1) The substance is substantially similar to a controlled substance classified under IC 35-48-2.
(2) The substance has a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system or is represented or intended to have a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than that of a controlled substance classified under IC 35-48-2.
(b) The definition set forth in subsection (a) does not include:
(1) a controlled substance;
(2) a legend drug;
(3) a substance for which there is an approved new drug application;
(4) any compound, mixture, or preparation that contains any controlled substance, that is not for administration to a human being or an animal, and that is packaged in a form or concentration, or with adulterants or denaturants, such that as packaged it does not present any significant potential for abuse; or
(5) a substance to which an investigational exemption applies under Section 505 of the federal Food, Drug and Cosmetic Act (chapter 675, 52 Stat. 1052 (21 U.S.C. 355)), but only to the extent that conduct with respect to the substance is pursuant to the exemption; or
(6) low THC hemp extract.
(c) For purposes of subsection (a), "substantially similar", as it applies to the chemical structure of a substance, means that the chemical structure of the substance, when compared to the structure of a controlled substance, has a single difference in the structural formula that substitutes one (1) atom or functional group for another, including:
(1) one (1) halogen for another halogen;
(2) one (1) hydrogen for a halogen;
(3) one (1) halogen for a hydrogen; or
(4) an alkyl group added or deleted:
(A) as a side chain to or from a molecule; or
(B) from a side chain of a molecule.
As added by P.L.225-2003, SEC.1. Amended by P.L.153-2018, SEC.18; P.L.80-2019, SEC.18.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-10. "Counterfeit Substance"

Sec. 10. "Counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.
As added by P.L.5-1988, SEC.190.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-11. "Delivery"

Sec. 11. "Delivery" means:
(1) an actual or constructive transfer from one (1) person to another of a controlled substance, whether or not there is an agency relationship; or
(2) the organizing or supervising of an activity described in subdivision (1).
As added by P.L.5-1988, SEC.191. Amended by P.L.165-1990, SEC.1.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-12. "Dispense"

Sec. 12. "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner and includes the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.
As added by P.L.5-1988, SEC.192.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-16. "Drug"

Sec. 16. (a) Except as provided in subsection (b), "drug" has the meaning set forth in IC 16-42-19-2. It does not include devices or their components, parts, or accessories, nor does it include food.
(b) For purposes of IC 35-48-4, "drug":
(1) has the meaning set forth in subsection (a); and
(2) includes a controlled substance (as defined in section 9 of this chapter) and a controlled substance analog (as defined in section 9.3 of this chapter).
As added by P.L.5-1988, SEC.196. Amended by P.L.2-1993, SEC.190; P.L.80-2019, SEC.19.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-16.3. "Drug Related Felony"

Sec. 16.3. "Drug related felony" means a felony conviction for an offense described in:
(1) IC 35-48-4-1 through IC 35-48-4-11.5 (repealed); or
(2) IC 35-48-4-13 (repealed) through IC 35-48-4-14.7.
As added by P.L.252-2017, SEC.20. Amended by P.L.80-2019, SEC.20.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 48. Controlled Substances › Chapter 1. Definitions › 35-48-1-16.4. "Drug Offense"

Sec. 16.4. "Drug offense" means a felony or misdemeanor involving the production, delivery, sale, or possession of a controlled substance.
As added by P.L.158-2013, SEC.618.