Machine Gun
IC 35-47-5-8 (Possession) · IC 35-47-5-9 (Operating, Loaded) · Level 5 Felony (Possession) · Level 4 Felony (Operating, Loaded)
Knowingly or intentionally owning or possessing a machine gun. If the suspect actually operates (fires or otherwise runs) the weapon while it's loaded, the charge is elevated from possession to the more serious “operating a loaded machine gun” offense.
Elements to prove
- 1
Elements to prove — Possession (IC 35-47-5-8), Level 5 Felony
- 2
Elements to prove — Operating, Loaded (IC 35-47-5-9), Level 4 Felony — charge this instead of simple possession if it applies
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Start 30-Day Free TrialReference aid only. Confirm current Indiana Code language and agency policy before charging. Verified against IC 35-47-5-8, IC 35-47-5-9, and IC 35-31.5-2-190, current through the 2025/2026 Indiana Code.