Sen. Tomes has introduced SB 119 which, as far as I can tell, is more clean up than anything else. Current law prohibits transfer of an “assault weapon” to a minor. However, the Indiana Code doesn’t seem to define “assault weapon” anywhere. If it once did, I can’t find the old definition. This bill creates a definition for “machine gun” (generally – something that can fire more than one shot without reloading with a single function of the trigger.) It deletes the prohibition on transferring an assault weapon to a minor and replaces it with a prohibition on transferring a machine gun to a minor. This arguably permits transfer of semi-automatic weapons to minors where such transfer was prohibited before; but I’m not so sure. Criminal law requires a level of precision in definitions that aren’t necessarily required elsewhere. (As a policy matter, we want to make sure citizens know what’s prohibited before we throw them in jail for doing it.)
IC never defined “assault weapon”. It’s just one of those silly scare phrases that the General Assembly put in the IC because of human stupidity..
Pursuant to the federal law, the NFA (Title II of the GCA of 1968) machine guns cannot be transferred to minors. Transfers to minors of any weapons, regardless of what color they are or how they operate, is prohibited under Indiana law.
Instead of abolishing 35-47, we have to make silly laws like this.