Sec. 16. (a) This section does not apply to a person who complies with IC 35-47-10 (governing children and firearms).
(b) A person who provides a firearm to an individual who the person knows:
(1) is ineligible to purchase or otherwise receive or possess a firearm for any reason other than the person's age; or
(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).
(c) It is a defense to a prosecution under subsection (b)(1) that:
(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) the accused person (or dealer acting on the person's behalf) received authorization from NICS to provide the firearm to the individual.