Criminal history check; response time
Sec. 7. (a) The state police department shall provide its response
to a requesting dealer under section 6 of this chapter during the
dealer's call, or by return call without delay.
(b) If a criminal history check indicates that a prospective
purchaser or transferee has a disqualifying criminal record or has
been acquitted by reason of insanity and committed to the custody of
the division of mental health, the state police department has until the
end of the next business day of the state police department to advise
the dealer that the records indicate the buyer or transferee is
prohibited from possessing or transporting a firearm by state or
federal law.
(c) If a dealer:
(1) is not advised of a prohibition before the end of the next
business day of the state police department; and
(2) has fulfilled the requirements of section 4 of this chapter;
the dealer may immediately complete the sale or transfer and may not
be considered in violation of this chapter with respect to the sale or
transfer.
(d) In case of electronic failure or other circumstances beyond the
control of the state police department, the dealer shall be advised
immediately of the reason for the delay and be given an estimate of
the length of the delay. However, after a notification under this
subsection, the state police department shall inform the requesting
dealer whether state police department records indicate the buyer or
transferee is prohibited from possessing or transporting a firearm by
state or federal law:
(1) by the end of the next business day of the state police
department following correction of the problem that caused the
delay; or
(2) within three (3) business days of the state police department;
whichever time limit occurs earlier.
(e) A dealer that fulfills the requirements of section 4 of this
chapter and is told by the state police department that a response will
not be available under subsection (d) may immediately complete the
sale or transfer and may not be considered in violation of this chapter
with respect to the sale or transfer.
As added by P.L.17-1997, SEC.8. Amended by P.L.97-2004,
SEC.125.
Last modified: May 24, 2006