Passed Indiana Firearm Legislation HB1651
Legislation Overview
Title: Judicial evaluation of dangerous individuals and firearms. Provides that a judicial finding of dangerousness may be used to initiate temporary commitment proceedings. Provides that a dangerous person is not a proper person for the purpose of: (1) applying for; or (2) receiving; a license to carry a handgun. Provides that a dangerous person who knowingly or intentionally: (1) rents; (2) purchases; (3) receives transfer of; (4) owns; or (5) possesses; a firearm commits dangerous possession of a firearm, a Class A misdemeanor. Provides that a person who knowingly or intentionally: (1) rents; (2) transfers; (3) sells; or (4) offers for sale; a firearm to a person that a court has found to be dangerous or prohibited from owning or possessing a firearm commits dangerous transfer of a firearm, a Level 5 felony. Requires a law enforcement officer (officer) who seizes a firearm from a person believed to be dangerous without a warrant to provide an affidavit to a court with jurisdiction over the person at issue: (1) not later than 48 hours after the seizure or attempted seizure of the firearm; and (2) for each seizure or attempted seizure of a firearm from the person. Requires a court to order the retention of a seized firearm by a law enforcement agency if the court: (1) finds; or (2) has previously found; the person to be dangerous. Requires a court to determine if a person is dangerous by conducting a hearing. Provides that if a court finds that an individual is not dangerous or no longer dangerous, the court shall order the law enforcement agency having custody of the firearm confiscated, recovered, or seized from the individual to return the firearm to the individual as quickly as practicable, but not later than five days after the court's order. Provides that a dangerous person may petition a court for a court order vacating the person's designation as a dangerous individual 180 days after being found dangerous by a circuit or superior court. Defines "responsible third party". Requires a responsible third party to: (1) safely and responsibly care for and store a firearm that is entrusted to the third party; and (2) prevent dangerous persons from accessing any firearm entrusted to the third party. Makes conforming amendments.
Description: Judicial evaluation of dangerous individuals and firearms. Provides that a judicial finding of dangerousness may be used to initiate temporary commitment proceedings. Provides that a dangerous person is not a proper person for the purpose of: (1) applying for; or (2) receiving; a license to carry a handgun. Provides that a dangerous person who knowingly or intentionally: (1) rents; (2) purchases; (3) receives transfer of; (4) owns; or (5) possesses; a firearm commits dangerous possession of a firearm, a Class A misdemeanor. Provides that a person who knowingly or intentionally: (1) rents; (2) transfers; (3) sells; or (4) offers for sale; a firearm to a person that a court has found to be dangerous or prohibited from owning or possessing a firearm commits dangerous transfer of a firearm, a Level 5 felony. Requires a law enforcement officer (officer) who seizes a firearm from a person believed to be dangerous without a warrant to provide an affidavit to a court with jurisdiction over the person at issue: (1) not later than 48 hours after the seizure or attempted seizure of the firearm; and (2) for each seizure or attempted seizure of a firearm from the person. Requires a court to order the retention of a seized firearm by a law enforcement agency if the court: (1) finds; or (2) has previously found; the person to be dangerous. Requires a court to determine if a person is dangerous by conducting a hearing. Provides that if a court finds that an individual is not dangerous or no longer dangerous, the court shall order the law enforcement agency having custody of the firearm confiscated, recovered, or seized from the individual to return the firearm to the individual as quickly as practicable, but not later than five days after the court's order. Provides that a dangerous person may petition a court for a court order vacating the person's designation as a dangerous individual 180 days after being found dangerous by a circuit or superior court. Defines "responsible third party". Requires a responsible third party to: (1) safely and responsibly care for and store a firearm that is entrusted to the third party; and (2) prevent dangerous persons from accessing any firearm entrusted to the third party. Makes conforming amendments.
Session: 2019 Regular Session
Last Action: Public Law 289
Last Action Date: May 6, 2019
Sponsors
Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.
6 sponsors: Donna Schaibley (R); Wendy McNamara (R); Carey Hamilton (D); Erin Houchin (R); Mark Messmer (R); Lonnie Randolph (D);
Percentage of House Of Representatives sponsoring bill: 6% (6 of 100)
History
| Chamber | Date | Action |
| House | May 6, 2019 | Signed by the Governor |
| House | May 6, 2019 | Public Law 289 |
| Senate | Apr 30, 2019 | Signed by the President of the Senate |
| House | Apr 24, 2019 | Signed by the Speaker |
| Senate | Apr 24, 2019 | Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 594: yeas 46, nays 2 |
| House | Apr 24, 2019 | Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 618: yeas 93, nays 1 |
| Senate | Apr 24, 2019 | Signed by the President Pro Tempore |
| House | Apr 23, 2019 | CCR # 1 filed in the House |
| Senate | Apr 23, 2019 | Senator Taylor G removed as conferee |
| Senate | Apr 23, 2019 | CCR # 1 filed in the Senate |
| Senate | Apr 23, 2019 | Senator Messmer added as conferee |
| Senate | Apr 22, 2019 | Senate advisors appointed: Zay, Stoops and Spartz |
| Senate | Apr 22, 2019 | Senator Bohacek added as advisor |
| Senate | Apr 22, 2019 | Senate conferees appointed: Houchin and Taylor G |
| House | Apr 18, 2019 | House advisors appointed: Smaltz, McNamara, Dvorak and Pierce |
| House | Apr 18, 2019 | House dissented from Senate amendments |
| House | Apr 18, 2019 | Motion to dissent filed |
| House | Apr 18, 2019 | House conferees appointed: Schaibley and Hamilton |
| Senate | Apr 16, 2019 | Returned to the House with amendments |
| Senate | Apr 16, 2019 | Third reading: passed; Roll Call 507: yeas 36, nays 10 |
| Senate | Apr 15, 2019 | Amendment #9 (Stoops) failed; Roll Call 469: yeas 10, nays 39 |
| Senate | Apr 15, 2019 | Senator Randolph added as cosponsor |
| Senate | Apr 15, 2019 | Second reading: amended, ordered engrossed |
| Senate | Apr 15, 2019 | Amendment #1 (Head) prevailed; voice vote |
| Senate | Apr 15, 2019 | Amendment #5 (Bohacek) prevailed; voice vote |
| Senate | Apr 15, 2019 | Amendment #4 (Spartz) prevailed; voice vote |
| Senate | Apr 15, 2019 | Amendment #2 (Spartz) prevailed; voice vote |
| Senate | Apr 15, 2019 | Amendment #8 (Stoops) failed; Roll Call 468: yeas 10, nays 39 |
| Senate | Apr 15, 2019 | Amendment #7 (Stoops) failed; voice vote |
| Senate | Apr 15, 2019 | Amendment #6 (Stoops) failed; voice vote |
| Senate | Apr 15, 2019 | Amendment #10 (Ford J.D.) failed; Roll Call 470: yeas 12, nays 37 |
| Senate | Apr 11, 2019 | Committee report: amend do pass, adopted |
| Senate | Apr 8, 2019 | Senator Ruckelshaus removed as cosponsor |
| Senate | Apr 4, 2019 | Pursuant to Senate Rule 68(b); reassigned to Committee on Tax and Fiscal Policy |
| Senate | Apr 4, 2019 | Committee report: amend do pass, adopted |
| Senate | Mar 26, 2019 | Senator Ruckelshaus added as cosponsor |
| Senate | Mar 19, 2019 | Senator Messmer added as second sponsor |
| Senate | Mar 7, 2019 | First reading: referred to Committee on Judiciary |
| House | Feb 13, 2019 | Referred to the Senate |
| House | Feb 12, 2019 | Senate sponsor: Senator Houchin |
| House | Feb 12, 2019 | Third reading: passed; Roll Call 146: yeas 90, nays 2 |
| House | Feb 11, 2019 | Amendment #1 (Schaibley) prevailed; Roll Call 138: yeas 68, nays 25 |
| House | Feb 11, 2019 | Second reading: amended, ordered engrossed |
| House | Feb 7, 2019 | Committee report: amend do pass, adopted |
| House | Jan 29, 2019 | Representatives McNamara and Hamilton added as coauthors |
| House | Jan 24, 2019 | First reading: referred to Committee on Courts and Criminal Code |
| House | Jan 24, 2019 | Authored by Representative Schaibley |
Texts
| Type | Date | State Link | Text |
| Enrolled | Apr 24, 2019 | state link | bill text |
| Engrossed | Apr 24, 2019 | state link | bill text |
| Engrossed | Apr 16, 2019 | state link | bill text |
| Amended | Apr 15, 2019 | state link | bill text |
| Amended | Apr 11, 2019 | state link | bill text |
| Amended | Apr 11, 2019 | state link | bill text |
| Amended | Apr 4, 2019 | state link | bill text |
| Engrossed | Apr 4, 2019 | state link | bill text |
| Engrossed | Feb 11, 2019 | state link | bill text |
| Amended | Feb 11, 2019 | state link | bill text |
| Amended | Feb 7, 2019 | state link | bill text |
| Introduced | Feb 7, 2019 | state link | bill text |
| Introduced | Jan 23, 2019 | state link | bill text |
Amendments
| Title | Description | Date | State Link | Text | Adopted |
| There are no amendments to this bill at this time | |||||
Votes - Click on description to view vote roll call
| Description | Vote Date | Yea Votes | Nay Votes | No Votes | Absent | Passed |
| House - Committee Vote | 02/6/2019 | 12 | 0 | 0 | 1 | Yes |
|
||||||
| resort votes by: party yeas nays name | ||||||
| Amendment #1 (Schaibley) prevailed | 02/11/2019 | 68 | 25 | 2 | 5 | Yes |
|
||||||
| resort votes by: party yeas nays name | ||||||
| Third reading | 02/12/2019 | 90 | 2 | 2 | 6 | Yes |
|
||||||
| resort votes by: party yeas nays name | ||||||
| Senate - Committee Vote | 04/3/2019 | 7 | 3 | 0 | 0 | Yes |
|
||||||
| resort votes by: party yeas nays name | ||||||
| Senate - Committee Vote | 04/9/2019 | 8 | 2 | 0 | 0 | Yes |
|
||||||
| resort votes by: party yeas nays name | ||||||
| Senate - Amendment #8 (Stoops) failed | 04/15/2019 | 10 | 39 | 0 | 1 | No |
|
||||||
| resort votes by: party yeas nays name | ||||||
| Senate - Amendment #9 (Stoops) failed | 04/15/2019 | 10 | 39 | 0 | 1 | No |
|
||||||
| resort votes by: party yeas nays name | ||||||
| Senate - Amendment #10 (Ford J.D.) failed | 04/15/2019 | 12 | 37 | 0 | 1 | No |
|
||||||
| resort votes by: party yeas nays name | ||||||
| Senate - Third reading | 04/16/2019 | 36 | 10 | 3 | 1 | Yes |
|
||||||
| resort votes by: party yeas nays name | ||||||
| House - Rules Suspended. Conference Committee Report 1 | 04/24/2019 | 93 | 1 | 0 | 6 | Yes |
|
||||||
| resort votes by: party yeas nays name | ||||||
| Senate - Rules Suspended. Conference Committee Report 1 | 04/24/2019 | 46 | 2 | 1 | 1 | Yes |
|
||||||
| resort votes by: party yeas nays name | ||||||
Link: link to state bill page
