Proposed Indiana Firearm Legislation
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Title: Firearm storage requirements. Prohibits a person from keeping or storing a firearm on any premises controlled by the person if one or more of the following conditions apply: (1) The person knows, or reasonably should know, that a child is likely to gain access to the firearm. (2) A permanent resident or temporary occupant of the premises is disqualified, ineligible, or prohibited from possessing a firearm under federal or state law. (3) A permanent resident or temporary occupant of the premises poses a risk of imminent personal injury to the permanent resident or temporary occupant or any other individual. Provides that a failure to secure a firearm that results in injury to, or the death of, another person is a Level 6 felony. Enhances the offense to a Level 5 felony if the person has a prior, unrelated conviction for the offense. Specifies certain defenses. Defines certain terms. Makes conforming amendments.
Description: Firearm storage requirements. Prohibits a person from keeping or storing a firearm on any premises controlled by the person if one or more of the following conditions apply: (1) The person knows, or reasonably should know, that a child is likely to gain access to the firearm. (2) A permanent resident or temporary occupant of the premises is disqualified, ineligible, or prohibited from possessing a firearm under federal or state law. (3) A permanent resident or temporary occupant of the premises poses a risk of imminent personal injury to the permanent resident or temporary occupant or any other individual. Provides that a failure to secure a firearm that results in injury to, or the death of, another person is a Level 6 felony. Enhances the offense to a Level 5 felony if the person has a prior, unrelated conviction for the offense. Specifies certain defenses. Defines certain terms. Makes conforming amendments.
Last Action: First reading: referred to Committee on Public Policy
Last Action Date: January 3, 2019
Title: Firearm storage. Requires a retail dealer to conspicuously display certain language regarding the accessibility of firearms by children at the retail dealer's place of business. Provides that a child care provider or custodial parent, legal guardian, or grandparent who knowingly, intentionally, or recklessly fails to secure a firearm against accessibility by a child commits dangerous storage of a firearm, a Class B infraction. Provides that the offense is a Class A misdemeanor if the child care provider or custodial parent, legal guardian, or grandparent has a prior, unrelated conviction for the offense. Provides that the offense is a Level 6 felony if: (1) the offense results in death or serious bodily injury; or (2) the child care provider or custodial parent, legal guardian, or grandparent has two or more prior, unrelated convictions for the offense. Provides certain exceptions. Provides immunity in certain instances. Provides that a person not in a place specifically set aside for the discharge of a firearm who knowingly or intentionally discharges a loaded firearm without legal justification while in a city or town commits a Level 6 felony.
Description: Firearm storage. Requires a retail dealer to conspicuously display certain language regarding the accessibility of firearms by children at the retail dealer's place of business. Provides that a child care provider or custodial parent, legal guardian, or grandparent who knowingly, intentionally, or recklessly fails to secure a firearm against accessibility by a child commits dangerous storage of a firearm, a Class B infraction. Provides that the offense is a Class A misdemeanor if the child care provider or custodial parent, legal guardian, or grandparent has a prior, unrelated conviction for the offense. Provides that the offense is a Level 6 felony if: (1) the offense results in death or serious bodily injury; or (2) the child care provider or custodial parent, legal guardian, or grandparent has two or more prior, unrelated convictions for the offense. Provides certain exceptions. Provides immunity in certain instances. Provides that a person not in a place specifically set aside for the discharge of a firearm who knowingly or intentionally discharges a loaded firearm without legal justification while in a city or town commits a Level 6 felony.
Last Action: Representative Smith, V. added as coauthor
Last Action Date: January 24, 2019
Title: Surrender of firearms for domestic violence crimes. Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.
Description: Surrender of firearms for domestic violence crimes. Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.
Last Action: Representative Smith, V. added as coauthor
Last Action Date: January 24, 2019
Title: Elimination of gun-free zones. Repeals statutes prohibiting the carrying or possession of firearms on: (1) school property; and (2) a school bus. Provides that the state of Indiana may not regulate: (1) firearms, ammunition, and firearm accessories; (2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and (3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories. Provides certain exceptions. Provides that any provision of an ordinance, measure, enactment, rule, or policy enacted by the state pertaining to firearms regulation is void. Provides that a person not otherwise prohibited from carrying or possessing a firearm under federal or state law may carry or possess a firearm, without restriction, on property affiliated with the following state agencies: (1) The Indiana department of natural resources. (2) The Indiana state fair commission. (3) The Indiana department of administration. (4) The Indiana horse racing commission. (5) The Indiana department of workforce development. (6) The Indiana gaming commission. Defines certain terms. Makes conforming amendments.
Description: Elimination of gun-free zones. Repeals statutes prohibiting the carrying or possession of firearms on: (1) school property; and (2) a school bus. Provides that the state of Indiana may not regulate: (1) firearms, ammunition, and firearm accessories; (2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and (3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories. Provides certain exceptions. Provides that any provision of an ordinance, measure, enactment, rule, or policy enacted by the state pertaining to firearms regulation is void. Provides that a person not otherwise prohibited from carrying or possessing a firearm under federal or state law may carry or possess a firearm, without restriction, on property affiliated with the following state agencies: (1) The Indiana department of natural resources. (2) The Indiana state fair commission. (3) The Indiana department of administration. (4) The Indiana horse racing commission. (5) The Indiana department of workforce development. (6) The Indiana gaming commission. Defines certain terms. Makes conforming amendments.
Last Action: First reading: referred to Committee on Public Policy
Last Action Date: January 24, 2019
Title: Income tax credit for firearms safety expenses. Provides a state income tax credit for expenses incurred to receive qualified firearms instruction or to purchase a qualified firearms storage device. Provides that the credit is equal to the amount of the incurred expenses. Provides that the maximum amount allowed as a credit is $200 for individuals filing single returns or $400 for married couples filing joint returns. Provides that a tax credit may not exceed the taxpayer's state income tax liability. Provides that a taxpayer is not entitled to a carryover, carryback, or refund of any unused tax credit.
Description: Income tax credit for firearms safety expenses. Provides a state income tax credit for expenses incurred to receive qualified firearms instruction or to purchase a qualified firearms storage device. Provides that the credit is equal to the amount of the incurred expenses. Provides that the maximum amount allowed as a credit is $200 for individuals filing single returns or $400 for married couples filing joint returns. Provides that a tax credit may not exceed the taxpayer's state income tax liability. Provides that a taxpayer is not entitled to a carryover, carryback, or refund of any unused tax credit.
Last Action: Representative Stutzman added as coauthor
Last Action Date: January 17, 2019
Title: Training requirements for armed educators. Provides that, after December 31, 2019, a person must be certified by an association or other entity approved by the school safety board (board) in order to be authorized by a school board to legally possess a firearm in or on school property. Provides that the board shall certify certain associations or other entities to approve providers that provide certified firearm proficiency courses to certify persons who may legally possess a firearm in or on school property. Provides that an approved association or other entity may issue a credential or certification to a person who has successfully completed a certified firearm proficiency course and meets certain annual training requirements.
Description: Training requirements for armed educators. Provides that, after December 31, 2019, a person must be certified by an association or other entity approved by the school safety board (board) in order to be authorized by a school board to legally possess a firearm in or on school property. Provides that the board shall certify certain associations or other entities to approve providers that provide certified firearm proficiency courses to certify persons who may legally possess a firearm in or on school property. Provides that an approved association or other entity may issue a credential or certification to a person who has successfully completed a certified firearm proficiency course and meets certain annual training requirements.
Last Action: First reading: referred to Committee on Education
Last Action Date: January 7, 2019
Title: Reporting of domestic violence convictions to NICS. Requires a court to provide certain information to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) data base upon entering a judgment of conviction for domestic battery.
Description: Reporting of domestic violence convictions to NICS. Requires a court to provide certain information to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) data base upon entering a judgment of conviction for domestic battery.
Last Action: First reading: referred to Committee on Courts and Criminal Code
Last Action Date: January 7, 2019
Title: NICS reporting under the Jake Laird law. Requires notifying the federal National Instant Criminal Background Check System (NICS) if a court has determined that a person is dangerous in a firearms retention hearing conducted under the Jake Laird law, and requires NICS notification if the court determines in a subsequent hearing that the person is no longer dangerous.
Description: NICS reporting under the Jake Laird law. Requires notifying the federal National Instant Criminal Background Check System (NICS) if a court has determined that a person is dangerous in a firearms retention hearing conducted under the Jake Laird law, and requires NICS notification if the court determines in a subsequent hearing that the person is no longer dangerous.
Last Action: First reading: referred to Committee on Courts and Criminal Code
Last Action Date: January 7, 2019
Title: Safe storage of firearms. Prohibits a person from keeping or storing a firearm on any premises controlled by the person if one or more of the following conditions apply: (1) The person knows, or reasonably should know, that a child is likely to gain access to the firearm. (2) A permanent resident or temporary occupant of the premises is disqualified, ineligible, or prohibited from possessing a firearm under federal or state law. (3) A permanent resident or temporary occupant of the premises poses a risk of imminent personal injury to himself or herself or any other individual. Provides that a failure to secure a firearm that results in injury to, or the death of, another person is a Level 6 felony. Enhances the offense to a Level 5 felony if the person has a prior, unrelated conviction for the offense. Specifies certain defenses. Defines certain terms. Makes conforming amendments.
Description: Safe storage of firearms. Prohibits a person from keeping or storing a firearm on any premises controlled by the person if one or more of the following conditions apply: (1) The person knows, or reasonably should know, that a child is likely to gain access to the firearm. (2) A permanent resident or temporary occupant of the premises is disqualified, ineligible, or prohibited from possessing a firearm under federal or state law. (3) A permanent resident or temporary occupant of the premises poses a risk of imminent personal injury to himself or herself or any other individual. Provides that a failure to secure a firearm that results in injury to, or the death of, another person is a Level 6 felony. Enhances the offense to a Level 5 felony if the person has a prior, unrelated conviction for the offense. Specifies certain defenses. Defines certain terms. Makes conforming amendments.
Last Action: First reading: referred to Committee on Public Policy
Last Action Date: January 7, 2019
Title: Surrender of firearms for domestic violence crimes. Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.
Description: Surrender of firearms for domestic violence crimes. Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.
Last Action: First reading: referred to Committee on Courts and Criminal Code
Last Action Date: January 8, 2019
Title: Repeal of statutes preempting local action. Repeals statutes that prohibit a unit of local government from doing the following: (1) Mandating employee benefits, scheduling, or leave policy that exceed federal or state requirements. (2) Regulating firearms, ammunition, and firearm accessories. (3) Requiring a landlord to participate in a housing program. (4) Regulating the manufacture or use of bags, bottles, and other single use containers. (5) Regulating the leasing or sale of real property.
Description: Repeal of statutes preempting local action. Repeals statutes that prohibit a unit of local government from doing the following: (1) Mandating employee benefits, scheduling, or leave policy that exceed federal or state requirements. (2) Regulating firearms, ammunition, and firearm accessories. (3) Requiring a landlord to participate in a housing program. (4) Regulating the manufacture or use of bags, bottles, and other single use containers. (5) Regulating the leasing or sale of real property.
Last Action: First reading: referred to Committee on Government and Regulatory Reform
Last Action Date: January 10, 2019
Title: Judicial officers and public safety officials. Provides that a person commits battery on a public safety official if the offense is committed against a current or former public safety official: (1) while the official is engaged in the official's official duty; or (2) in retaliation for the official having engaged in the official's official duty. (Under current law, a person commits the offense only if the official is acting in the person's official duty.) Exempts a person who retires from judicial office after at least 20 years of service or because of a disability from the payment of the fee for a license to carry a handgun. Permits a former judicial officer to possess and use a handgun in the same locations as a judicial officer, and requires the supreme court to annually issue an identification card to a former judicial officer.
Description: Judicial officers and public safety officials. Provides that a person commits battery on a public safety official if the offense is committed against a current or former public safety official: (1) while the official is engaged in the official's official duty; or (2) in retaliation for the official having engaged in the official's official duty. (Under current law, a person commits the offense only if the official is acting in the person's official duty.) Exempts a person who retires from judicial office after at least 20 years of service or because of a disability from the payment of the fee for a license to carry a handgun. Permits a former judicial officer to possess and use a handgun in the same locations as a judicial officer, and requires the supreme court to annually issue an identification card to a former judicial officer.
Last Action: First reading: referred to Committee on Corrections and Criminal Law
Last Action Date: March 4, 2019
Title: Specialized weapons and other training. Provides that, before an employee or any other staff member of a school corporation, charter school, or nonpublic school may carry a firearm in or on school property as authorized by a school board of the school corporation, charter school, or nonpublic school, the employee or staff member shall do the following: (1) Successfully complete certain specialized weapons training. (2) Provide proof to the school board that the employee or other staff member has successfully completed the specialized weapons training. (3) Complete the Minnesota multiphasic personality inventory 2 (MMPI-II) and provide proof of completion to the school corporation, charter school, or nonpublic school. Requires an employee or any other staff member of a school corporation, charter school, or nonpublic school to successfully complete eight hours of weapons training each year that the employee or staff member intends to carry a firearm in or on school property. Provides that a school corporation, charter school, or accredited nonpublic school may use grant money received from the Indiana safe schools fund to pay for part or all of specialized weapons training for employees of the school corporation, charter school, or accredited nonpublic school who are required to successfully complete or who request to attend the specialized weapons training. Establishes requirements for specialized weapons training. Requires, that for a person or entity to provide specialized weapons training to certain employees and other staff members of a school corporation, charter school, or nonpublic school, the person or entity apply and receive approval from the secured school safety board. Provides that a public school or an accredited nonpublic school may not conduct a training or drill for an employee of the school that includes, as any part of the training or drill, the expelling of any type of projectile at the employee unless: (1) the school informs the employee of the use of projectiles in the training or drill; and (2) the employee consents, in writing, to the use of projectiles during the training or drill. Provides that a public school or an accredited nonpublic school may not conduct or approve a training or a drill for a student of the school that includes, as any part of the training or drill, the expelling of any type of projectile. Allows a school to barricade or block a door during an active shooter drill or during an active shooter emergency occurring in a school building. Establishes requirements concerning the barricading or blocking of a door during an active shooter drill or during an active shooter emergency.
Description: Specialized weapons and other training. Provides that, before an employee or any other staff member of a school corporation, charter school, or nonpublic school may carry a firearm in or on school property as authorized by a school board of the school corporation, charter school, or nonpublic school, the employee or staff member shall do the following: (1) Successfully complete certain specialized weapons training. (2) Provide proof to the school board that the employee or other staff member has successfully completed the specialized weapons training. (3) Complete the Minnesota multiphasic personality inventory 2 (MMPI-II) and provide proof of completion to the school corporation, charter school, or nonpublic school. Requires an employee or any other staff member of a school corporation, charter school, or nonpublic school to successfully complete eight hours of weapons training each year that the employee or staff member intends to carry a firearm in or on school property. Provides that a school corporation, charter school, or accredited nonpublic school may use grant money received from the Indiana safe schools fund to pay for part or all of specialized weapons training for employees of the school corporation, charter school, or accredited nonpublic school who are required to successfully complete or who request to attend the specialized weapons training. Establishes requirements for specialized weapons training. Requires, that for a person or entity to provide specialized weapons training to certain employees and other staff members of a school corporation, charter school, or nonpublic school, the person or entity apply and receive approval from the secured school safety board. Provides that a public school or an accredited nonpublic school may not conduct a training or drill for an employee of the school that includes, as any part of the training or drill, the expelling of any type of projectile at the employee unless: (1) the school informs the employee of the use of projectiles in the training or drill; and (2) the employee consents, in writing, to the use of projectiles during the training or drill. Provides that a public school or an accredited nonpublic school may not conduct or approve a training or a drill for a student of the school that includes, as any part of the training or drill, the expelling of any type of projectile. Allows a school to barricade or block a door during an active shooter drill or during an active shooter emergency occurring in a school building. Establishes requirements concerning the barricading or blocking of a door during an active shooter drill or during an active shooter emergency.
Last Action: Senate advisors appointed: Tomes and Stoops
Last Action Date: April 18, 2019
Title: Handgun licensure and fees. Increases the duration of a four year handgun license to five years. Provides that an individual may simultaneously hold both a five year license and a lifetime license. Requires a law enforcement officer to whom an application for a handgun license is made to perform a national fingerprint based criminal history check and consult available local, state, and federal criminal history data banks, including the National Instant Criminal Background Check System (NICS), when determining whether possession of a firearm by an applicant would be a violation of state or federal law. Removes the fees for lifetime licenses beginning July 1, 2020.
Description: Handgun licensure and fees. Increases the duration of a four year handgun license to five years. Provides that an individual may simultaneously hold both a five year license and a lifetime license. Requires a law enforcement officer to whom an application for a handgun license is made to perform a national fingerprint based criminal history check and consult available local, state, and federal criminal history data banks, including the National Instant Criminal Background Check System (NICS), when determining whether possession of a firearm by an applicant would be a violation of state or federal law. Removes the fees for lifetime licenses beginning July 1, 2020.
Last Action: First reading: referred to Committee on Public Policy
Last Action Date: January 10, 2019
Title: Self-defense, defense of others, and firearms matters. Designates the following as voter registration offices: (1) Each office affiliated with the Indiana state police. (2) Each office affiliated with the sheriff of a county. (3) Each office affiliated with a municipal law enforcement agency. Provides immunity for a justified use of force in certain instances. Requires a court to award, in certain instances, reasonable attorney's fees and costs to a defendant when the justified use of force immunity is successfully raised. Permits a person who may legally possess a firearm to possess a firearm on school property if the person possesses the firearm: (1) as an employee or volunteer of a house of worship located on the school property; or (2) while attending a worship service or religious ceremony conducted at a house of worship. Increases the duration of a four year handgun license to five years. Provides that an individual may simultaneously hold both a five year license and a lifetime license. Requires a law enforcement officer to whom an application for a handgun license is made to consult available local, state, and federal criminal history data banks, including the National Instant Criminal Background Check System (NICS), when determining whether possession of a firearm by an applicant would be a violation of state or federal law. Modifies the fees for five year licenses beginning July 1, 2020. Makes conforming amendments.
Description: Self-defense, defense of others, and firearms matters. Designates the following as voter registration offices: (1) Each office affiliated with the Indiana state police. (2) Each office affiliated with the sheriff of a county. (3) Each office affiliated with a municipal law enforcement agency. Provides immunity for a justified use of force in certain instances. Requires a court to award, in certain instances, reasonable attorney's fees and costs to a defendant when the justified use of force immunity is successfully raised. Permits a person who may legally possess a firearm to possess a firearm on school property if the person possesses the firearm: (1) as an employee or volunteer of a house of worship located on the school property; or (2) while attending a worship service or religious ceremony conducted at a house of worship. Increases the duration of a four year handgun license to five years. Provides that an individual may simultaneously hold both a five year license and a lifetime license. Requires a law enforcement officer to whom an application for a handgun license is made to consult available local, state, and federal criminal history data banks, including the National Instant Criminal Background Check System (NICS), when determining whether possession of a firearm by an applicant would be a violation of state or federal law. Modifies the fees for five year licenses beginning July 1, 2020. Makes conforming amendments.
Last Action: Public Law 107
Last Action Date: April 26, 2019
Title: Surrender of firearms and ammunition. Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.
Description: Surrender of firearms and ammunition. Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.
Last Action: Representative Errington added as coauthor
Last Action Date: January 10, 2019
Title: Background check for firearms sales. Requires a person wishing to: (1) sell; (2) trade; or (3) transfer; a firearm to conduct the transaction through a licensed Indiana firearms dealer. Requires a licensed Indiana firearms dealer to perform a NICS background check when facilitating the: (1) sale; (2) trade; or (3) transfer; of a firearm between private parties. Provides that a person who knowingly or intentionally makes a materially false statement to a dealer, seller, or transferor for the purpose of facilitating the: (1) sale; (2) trade; or (3) transfer; of a firearm commits a Level 6 felony. Provides that a person who knowingly or intentionally: (1) sells; (2) rents; (3) trades; or (4) transfers; a firearm in violation of certain provisions commits a Class A misdemeanor. Makes conforming amendments.
Description: Background check for firearms sales. Requires a person wishing to: (1) sell; (2) trade; or (3) transfer; a firearm to conduct the transaction through a licensed Indiana firearms dealer. Requires a licensed Indiana firearms dealer to perform a NICS background check when facilitating the: (1) sale; (2) trade; or (3) transfer; of a firearm between private parties. Provides that a person who knowingly or intentionally makes a materially false statement to a dealer, seller, or transferor for the purpose of facilitating the: (1) sale; (2) trade; or (3) transfer; of a firearm commits a Level 6 felony. Provides that a person who knowingly or intentionally: (1) sells; (2) rents; (3) trades; or (4) transfers; a firearm in violation of certain provisions commits a Class A misdemeanor. Makes conforming amendments.
Last Action: Representative Errington added as coauthor
Last Action Date: January 10, 2019
Title: Surrender of firearms for domestic violence crimes. Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.
Description: Surrender of firearms for domestic violence crimes. Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.
Last Action: First reading: referred to Committee on Courts and Criminal Code
Last Action Date: January 17, 2019
Title: Firearms matters. Designates the following as voter registration offices: (1) Each office affiliated with the Indiana state police. (2) Each office affiliated with the sheriff of a county. (3) Each office affiliated with a municipal law enforcement agency. Specifies that each issuance of a hunting, fishing, or trapping license shall be accompanied by a mail in voter registration form. Permits a person who may legally possess a firearm to possess a firearm on school property if the person possesses the firearm: (1) as an employee or volunteer of a house of worship located on the school property; or (2) while attending a worship service or religious ceremony conducted at a house of worship. Increases the duration of a four year handgun license to five years. Provides that an individual may simultaneously hold both a five year license and a lifetime license. Requires a law enforcement officer to whom an application for a handgun license is made to consult available local, state, and federal criminal history data banks, including the National Instant Criminal Background Check System (NICS), when determining whether possession of a firearm by an applicant would be a violation of state or federal law. Modifies the state fees for five year licenses beginning July 1, 2020. Excludes certain nonexclusive uses of school property from the statutory definition of "school property".
Description: Firearms matters. Designates the following as voter registration offices: (1) Each office affiliated with the Indiana state police. (2) Each office affiliated with the sheriff of a county. (3) Each office affiliated with a municipal law enforcement agency. Specifies that each issuance of a hunting, fishing, or trapping license shall be accompanied by a mail in voter registration form. Permits a person who may legally possess a firearm to possess a firearm on school property if the person possesses the firearm: (1) as an employee or volunteer of a house of worship located on the school property; or (2) while attending a worship service or religious ceremony conducted at a house of worship. Increases the duration of a four year handgun license to five years. Provides that an individual may simultaneously hold both a five year license and a lifetime license. Requires a law enforcement officer to whom an application for a handgun license is made to consult available local, state, and federal criminal history data banks, including the National Instant Criminal Background Check System (NICS), when determining whether possession of a firearm by an applicant would be a violation of state or federal law. Modifies the state fees for five year licenses beginning July 1, 2020. Excludes certain nonexclusive uses of school property from the statutory definition of "school property".
Last Action: Representative Goodin removed as coauthor
Last Action Date: February 25, 2019
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.
Last Action: Public Law 289
Last Action Date: May 6, 2019
Title: Houses of worship and firearms. Permits a person who may legally possess a firearm to possess a firearm on school property that also contains a house of worship, unless prohibited by the house of worship, if the person possesses the firearm while: (1) attending a worship service; (2) conducting business with the house of worship; (3) receiving pastoral services; (4) attending a program sponsored or permitted by the house of worship or the school; or (5) carrying out the person's official duties at a house of worship, if the person is employed by or a volunteer at the house of worship and the house of worship has assigned the person duties that require the person to carry a firearm. Exempts certain law enforcement and retired law enforcement officers described in the federal Law Enforcement Officers Safety Act (LEOSA) from the prohibition against carrying a firearm on school property.
Description: Houses of worship and firearms. Permits a person who may legally possess a firearm to possess a firearm on school property that also contains a house of worship, unless prohibited by the house of worship, if the person possesses the firearm while: (1) attending a worship service; (2) conducting business with the house of worship; (3) receiving pastoral services; (4) attending a program sponsored or permitted by the house of worship or the school; or (5) carrying out the person's official duties at a house of worship, if the person is employed by or a volunteer at the house of worship and the house of worship has assigned the person duties that require the person to carry a firearm. Exempts certain law enforcement and retired law enforcement officers described in the federal Law Enforcement Officers Safety Act (LEOSA) from the prohibition against carrying a firearm on school property.
Last Action: Senator Tomes added as third author
Last Action Date: January 10, 2019
Title: Secured school fund. Expands the use of a matching grant from the Indiana secured school fund by a school corporation or charter school (school) to allow the school to use the matching grant to provide a response to a threat in a manner that the school sees fit, including the use of firearms training or other self-defense training.
Description: Secured school fund. Expands the use of a matching grant from the Indiana secured school fund by a school corporation or charter school (school) to allow the school to use the matching grant to provide a response to a threat in a manner that the school sees fit, including the use of firearms training or other self-defense training.
Last Action: First reading: referred to Committee on Education and Career Development
Last Action Date: January 3, 2019
Title: Machine guns. Defines "machine gun". Provides that a person may not sell, give, or in any other manner transfer ownership or possession of a machine gun to any person under 18 years of age. Provides that a person who knowingly or intentionally sells, provides, or in any other manner transfers ownership or possession of a machine gun to a person under 18 years of age commits a: (1) Level 5 felony; (2) Level 4 felony if the person has a prior conviction for the offense; or (3) Level 3 felony if a person under 18 years of age uses the machine gun to commit murder. Makes conforming amendments and a technical correction.
Description: Machine guns. Defines "machine gun". Provides that a person may not sell, give, or in any other manner transfer ownership or possession of a machine gun to any person under 18 years of age. Provides that a person who knowingly or intentionally sells, provides, or in any other manner transfers ownership or possession of a machine gun to a person under 18 years of age commits a: (1) Level 5 felony; (2) Level 4 felony if the person has a prior conviction for the offense; or (3) Level 3 felony if a person under 18 years of age uses the machine gun to commit murder. Makes conforming amendments and a technical correction.
Last Action: Public Law 183
Last Action Date: May 2, 2019
Title: Open carry of rifles. Defines "prohibited weapon" as a semiautomatic, centerfire rifle with an internal magazine or the capability to accept a detachable magazine and at least one of the following characteristics: (1) A pistol grip that protrudes beneath the action of the weapon. (2) A thumb hole stock. (3) A folding or telescoping stock. (4) A mount or lug capable of accepting or affixing a bayonet, flare launcher, or grenade launcher. (5) A flash suppressor. (6) A forward pistol grip. Defines "openly carries" as the carrying of a firearm in a manner that displays or presents any part of a firearm to the plain view of passersby from more than one angle. Provides that a person who: (1) knowingly; or (2) intentionally; openly carries a prohibited weapon in a public place commits carrying a prohibited firearm, a Class A misdemeanor. Specifies certain exceptions. Defines certain terms.
Description: Open carry of rifles. Defines "prohibited weapon" as a semiautomatic, centerfire rifle with an internal magazine or the capability to accept a detachable magazine and at least one of the following characteristics: (1) A pistol grip that protrudes beneath the action of the weapon. (2) A thumb hole stock. (3) A folding or telescoping stock. (4) A mount or lug capable of accepting or affixing a bayonet, flare launcher, or grenade launcher. (5) A flash suppressor. (6) A forward pistol grip. Defines "openly carries" as the carrying of a firearm in a manner that displays or presents any part of a firearm to the plain view of passersby from more than one angle. Provides that a person who: (1) knowingly; or (2) intentionally; openly carries a prohibited weapon in a public place commits carrying a prohibited firearm, a Class A misdemeanor. Specifies certain exceptions. Defines certain terms.
Last Action: Senator Stoops added as coauthor
Last Action Date: January 31, 2019
Title: Prohibited equipment on firearms. Defines the term "multiburst trigger activator". Creates the crime of "unlawful possession of a multiburst trigger activator". Provides that the possession or sale of a multiburst trigger activator is a Class A misdemeanor. Provides that the crime of unlawful possession of a multiburst trigger activator is a Level 6 felony if the person has a prior, unrelated conviction for the offense.
Description: Prohibited equipment on firearms. Defines the term "multiburst trigger activator". Creates the crime of "unlawful possession of a multiburst trigger activator". Provides that the possession or sale of a multiburst trigger activator is a Class A misdemeanor. Provides that the crime of unlawful possession of a multiburst trigger activator is a Level 6 felony if the person has a prior, unrelated conviction for the offense.
Last Action: First reading: referred to Committee on Judiciary
Last Action Date: January 3, 2019
Title: Storage of firearms at public venues. Requires certain facilities owned or operated by a political subdivision to provide a secure storage location for handguns owned by visitors. Permits a handgun permit holder to carry a handgun on the property of certain facilities for the purpose of safely and securely storing the handgun. Provides that a law enforcement officer or an off duty law enforcement officer may carry or possess a handgun on the grounds or premises of certain buildings, facilities, structures, or venues without restriction. Creates certain exceptions. Provides that any: (1) administrative rule; (2) contractual term; (3) ordinance; (4) policy; (5) regulation; (6) rule; or (7) statute; that prevents or prohibits a person possessing a valid handgun permit or a law enforcement officer or off duty law enforcement officer from carrying or possessing a handgun on the grounds or premises of certain buildings, facilities, structures, or venues is void. Creates certain exceptions.
Description: Storage of firearms at public venues. Requires certain facilities owned or operated by a political subdivision to provide a secure storage location for handguns owned by visitors. Permits a handgun permit holder to carry a handgun on the property of certain facilities for the purpose of safely and securely storing the handgun. Provides that a law enforcement officer or an off duty law enforcement officer may carry or possess a handgun on the grounds or premises of certain buildings, facilities, structures, or venues without restriction. Creates certain exceptions. Provides that any: (1) administrative rule; (2) contractual term; (3) ordinance; (4) policy; (5) regulation; (6) rule; or (7) statute; that prevents or prohibits a person possessing a valid handgun permit or a law enforcement officer or off duty law enforcement officer from carrying or possessing a handgun on the grounds or premises of certain buildings, facilities, structures, or venues is void. Creates certain exceptions.
Last Action: First reading: referred to Committee on Judiciary
Last Action Date: January 3, 2019
Title: Houses of worship and firearms. Permits a person who may legally possess a firearm to possess a firearm on school property that also contains a house of worship, unless prohibited by the house of worship, if the person possesses the firearm while: (1) attending a worship service; (2) conducting business with the house of worship; (3) receiving pastoral services; (4) attending a program sponsored or permitted by the house of worship or the school; or (5) carrying out the person's official duties at a house of worship, if the person is employed by or a volunteer at the house of worship and the house of worship has assigned the person duties that require the person to carry a firearm. Exempts certain law enforcement and retired law enforcement officers described in the federal Law Enforcement Officers Safety Act (LEOSA) from the prohibition against carrying a firearm on school property.
Description: Houses of worship and firearms. Permits a person who may legally possess a firearm to possess a firearm on school property that also contains a house of worship, unless prohibited by the house of worship, if the person possesses the firearm while: (1) attending a worship service; (2) conducting business with the house of worship; (3) receiving pastoral services; (4) attending a program sponsored or permitted by the house of worship or the school; or (5) carrying out the person's official duties at a house of worship, if the person is employed by or a volunteer at the house of worship and the house of worship has assigned the person duties that require the person to carry a firearm. Exempts certain law enforcement and retired law enforcement officers described in the federal Law Enforcement Officers Safety Act (LEOSA) from the prohibition against carrying a firearm on school property.
Last Action: Withdrawn
Last Action Date: January 10, 2019
Title: Traffic crimes. Provides that an operator of a motor vehicle who: (1) operates a motor vehicle after the operator's driving privileges have been suspended or revoked; and (2) causes an accident that results in injury or death to another person; commits a separate offense for each person injured or killed as a result of an accident caused by the operator. Provides that an operator of a motor vehicle who leaves the scene of an accident that: (1) was caused by the operator; and (2) involves injury to another person; commits a separate offense for each person injured by an accident caused by the operator. Provides that leaving the scene of an accident involving moderate bodily injury is a Level 6 felony. Makes the penalty for leaving the scene of an accident involving the death or catastrophic injury of another person a Level 4 felony. Increases the penalty for causing serious bodily injury when operating a motor vehicle while intoxicated from a Level 6 felony to a Level 5 felony. Enhances the penalty for the offense to a Level 4 felony if the person has a previous conviction for the offense. Makes the penalty for causing the death or catastrophic injury of another person when operating a motor vehicle while intoxicated a Level 4 felony in certain instances. Provides that an operator of a motor vehicle who: (1) is a habitual traffic violator; and (2) causes an accident that results in the injury or death of another person; commits a separate offense for each person injured or killed as a result of an accident caused by the operator. Allows multiple sentences for the offense to be served consecutively in certain instances. Provides that the operator of a motor vehicle who: (1) flees from a law enforcement officer; and (2) causes an accident resulting in bodily injury, serious bodily injury, catastrophic injury, or death of another person; commits a separate offense for each person injured or killed as a result of the operator's vehicular flight from police. Allows multiple sentences for the offense to be served consecutively in certain instances. Defines "catastrophic injury" and increases the penalty for certain offenses involving catastrophic injuries. Specifies that "metabolites" refers to metabolites in a person's blood. Makes conforming amendments.
Description: Traffic crimes. Provides that an operator of a motor vehicle who: (1) operates a motor vehicle after the operator's driving privileges have been suspended or revoked; and (2) causes an accident that results in injury or death to another person; commits a separate offense for each person injured or killed as a result of an accident caused by the operator. Provides that an operator of a motor vehicle who leaves the scene of an accident that: (1) was caused by the operator; and (2) involves injury to another person; commits a separate offense for each person injured by an accident caused by the operator. Provides that leaving the scene of an accident involving moderate bodily injury is a Level 6 felony. Makes the penalty for leaving the scene of an accident involving the death or catastrophic injury of another person a Level 4 felony. Increases the penalty for causing serious bodily injury when operating a motor vehicle while intoxicated from a Level 6 felony to a Level 5 felony. Enhances the penalty for the offense to a Level 4 felony if the person has a previous conviction for the offense. Makes the penalty for causing the death or catastrophic injury of another person when operating a motor vehicle while intoxicated a Level 4 felony in certain instances. Provides that an operator of a motor vehicle who: (1) is a habitual traffic violator; and (2) causes an accident that results in the injury or death of another person; commits a separate offense for each person injured or killed as a result of an accident caused by the operator. Allows multiple sentences for the offense to be served consecutively in certain instances. Provides that the operator of a motor vehicle who: (1) flees from a law enforcement officer; and (2) causes an accident resulting in bodily injury, serious bodily injury, catastrophic injury, or death of another person; commits a separate offense for each person injured or killed as a result of the operator's vehicular flight from police. Allows multiple sentences for the offense to be served consecutively in certain instances. Defines "catastrophic injury" and increases the penalty for certain offenses involving catastrophic injuries. Specifies that "metabolites" refers to metabolites in a person's blood. Makes conforming amendments.
Last Action: Public Law 184
Last Action Date: May 2, 2019
Title: Expungements. Defines "collateral action" as an action that is factually or legally related to an arrest, a criminal charge, a delinquency allegation, a criminal conviction, or a delinquency adjudication. Specifies that certain information relating to: (1) an arrest; and (2) a collateral action is required to be sealed or marked expunged if a petition for expungement is granted. Specifies that an amendment affecting the information required to be expunged, marked as expunged, or otherwise sealed or restricted does not apply to an expungement order granted before the effective date of the amendment. Sets forth a procedure for a person to file a petition for a supplemental order of expungement. Provides that a person convicted of a felony that resulted in death to another person may not seek expungement of that felony. Strikes and relocates a provision relating to certain nonpublic records maintained by a law enforcement agency, and specifies that this provision also applies to records maintained by a public defender agency. Establishes a method for a person to expunge a protection order if the petition for a protection order is dismissed or denied. Requires an IDACS coordinator to remove the name of a respondent from the Indiana protective order registry when the IDACS coordinator receives notice from the county clerk that the protective order against the respondent has been dismissed.
Description: Expungements. Defines "collateral action" as an action that is factually or legally related to an arrest, a criminal charge, a delinquency allegation, a criminal conviction, or a delinquency adjudication. Specifies that certain information relating to: (1) an arrest; and (2) a collateral action is required to be sealed or marked expunged if a petition for expungement is granted. Specifies that an amendment affecting the information required to be expunged, marked as expunged, or otherwise sealed or restricted does not apply to an expungement order granted before the effective date of the amendment. Sets forth a procedure for a person to file a petition for a supplemental order of expungement. Provides that a person convicted of a felony that resulted in death to another person may not seek expungement of that felony. Strikes and relocates a provision relating to certain nonpublic records maintained by a law enforcement agency, and specifies that this provision also applies to records maintained by a public defender agency. Establishes a method for a person to expunge a protection order if the petition for a protection order is dismissed or denied. Requires an IDACS coordinator to remove the name of a respondent from the Indiana protective order registry when the IDACS coordinator receives notice from the county clerk that the protective order against the respondent has been dismissed.
Last Action: Signed by the Governor
Last Action Date: May 6, 2019
Title: Minimum age to purchase assault weapons. Defines the term "regulated weapon". Prohibits the: (1) sale; (2) trade; or (3) transfer; of a regulated weapon to a person less than 21 years of age. Provides that a dealer or person who knowingly or intentionally: (1) sells; (2) trades; or (3) transfers; a regulated weapon to a person less than 21 years of age commits a Level 6 felony. Provides certain defenses.
Description: Minimum age to purchase assault weapons. Defines the term "regulated weapon". Prohibits the: (1) sale; (2) trade; or (3) transfer; of a regulated weapon to a person less than 21 years of age. Provides that a dealer or person who knowingly or intentionally: (1) sells; (2) trades; or (3) transfers; a regulated weapon to a person less than 21 years of age commits a Level 6 felony. Provides certain defenses.
Last Action: First reading: referred to Committee on Judiciary
Last Action Date: January 3, 2019
Title: Regulation of firearms. Defines the term "regulated weapon". Defines the term "multiburst trigger activator". Requires a person wishing to: (1) sell; (2) trade; or (3) transfer; a firearm to conduct the transaction through a licensed Indiana firearms dealer. Requires a licensed Indiana firearms dealer to perform a NICS background check when facilitating the: (1) sale; (2) trade; or (3) transfer; of a firearm between private parties. Creates the crime of "unlawful transfer of a regulated weapon". Prohibits the: (1) sale; (2) trade; or (3) transfer; of a regulated weapon to a person less than 21 years of age. Provides that a dealer or person who: (1) sells; (2) trades; or (3) transfers; a regulated weapon to a person less than 21 years of age commits a Level 6 felony. Creates the crime of "unlawful possession of a multiburst trigger activator". Provides that the possession or sale of a multiburst trigger activator is a Class A misdemeanor. Provides that the crime of unlawful possession of a multiburst trigger activator is a Level 6 felony if the person has a prior, unrelated conviction for the offense. Makes conforming amendments.
Description: Regulation of firearms. Defines the term "regulated weapon". Defines the term "multiburst trigger activator". Requires a person wishing to: (1) sell; (2) trade; or (3) transfer; a firearm to conduct the transaction through a licensed Indiana firearms dealer. Requires a licensed Indiana firearms dealer to perform a NICS background check when facilitating the: (1) sale; (2) trade; or (3) transfer; of a firearm between private parties. Creates the crime of "unlawful transfer of a regulated weapon". Prohibits the: (1) sale; (2) trade; or (3) transfer; of a regulated weapon to a person less than 21 years of age. Provides that a dealer or person who: (1) sells; (2) trades; or (3) transfers; a regulated weapon to a person less than 21 years of age commits a Level 6 felony. Creates the crime of "unlawful possession of a multiburst trigger activator". Provides that the possession or sale of a multiburst trigger activator is a Class A misdemeanor. Provides that the crime of unlawful possession of a multiburst trigger activator is a Level 6 felony if the person has a prior, unrelated conviction for the offense. Makes conforming amendments.
Last Action: First reading: referred to Committee on Judiciary
Last Action Date: January 7, 2019
Title: Storage of firearms. Prohibits a person from keeping or storing a firearm on any premises controlled by the person if one or more of the following conditions apply: (1) The person knows, or reasonably should know, that a child is likely to gain access to the firearm. (2) A permanent or temporary resident of the premises is disqualified, ineligible, or prohibited from possessing a firearm under federal or state law. (3) A permanent or temporary resident of the premises poses a risk of imminent personal injury to himself or herself or any other individual. Provides that a failure to secure a firearm that results in injury to, or the death of, another person is a Level 6 felony. Enhances the offense to a Level 5 felony if the person has a prior, unrelated conviction for the offense. Specifies certain defenses. Defines certain terms. Makes conforming amendments.
Description: Storage of firearms. Prohibits a person from keeping or storing a firearm on any premises controlled by the person if one or more of the following conditions apply: (1) The person knows, or reasonably should know, that a child is likely to gain access to the firearm. (2) A permanent or temporary resident of the premises is disqualified, ineligible, or prohibited from possessing a firearm under federal or state law. (3) A permanent or temporary resident of the premises poses a risk of imminent personal injury to himself or herself or any other individual. Provides that a failure to secure a firearm that results in injury to, or the death of, another person is a Level 6 felony. Enhances the offense to a Level 5 felony if the person has a prior, unrelated conviction for the offense. Specifies certain defenses. Defines certain terms. Makes conforming amendments.
Last Action: First reading: referred to Committee on Judiciary
Last Action Date: January 7, 2019
Title: Firearms storage. Defines the term "reasonable effort". Provides that a parent or legal guardian of a child who makes a reasonable effort to prevent a child from accessing or possessing a firearm is exempt from the statute concerning dangerous control of a child. Makes a technical correction. Makes conforming amendments.
Description: Firearms storage. Defines the term "reasonable effort". Provides that a parent or legal guardian of a child who makes a reasonable effort to prevent a child from accessing or possessing a firearm is exempt from the statute concerning dangerous control of a child. Makes a technical correction. Makes conforming amendments.
Last Action: First reading: referred to Committee on Judiciary
Last Action Date: January 7, 2019
Title: Bump stock prohibition. Defines the term "multiburst trigger activator". Creates the crime of "unlawful possession of a multiburst trigger activator". Provides that the possession or sale of a multiburst trigger activator is a Class A misdemeanor. Provides that the crime of unlawful possession of a multiburst trigger activator is a Level 6 felony if the person has a prior, unrelated conviction for the offense.
Description: Bump stock prohibition. Defines the term "multiburst trigger activator". Creates the crime of "unlawful possession of a multiburst trigger activator". Provides that the possession or sale of a multiburst trigger activator is a Class A misdemeanor. Provides that the crime of unlawful possession of a multiburst trigger activator is a Level 6 felony if the person has a prior, unrelated conviction for the offense.
Last Action: First reading: referred to Committee on Judiciary
Last Action Date: January 10, 2019
Title: Air or gas operated weapons on school property. Provides that a person who knowingly or intentionally points an air or gas operated weapon designed to expel a projectile at another person while present on a: (1) school bus; or (2) property affiliated with, belonging to, or operated by: (A) an accredited nonpublic school; (B) a charter school; or (C) a school corporation; commits a Class B misdemeanor. Defines certain terms. Makes conforming amendments.
Description: Air or gas operated weapons on school property. Provides that a person who knowingly or intentionally points an air or gas operated weapon designed to expel a projectile at another person while present on a: (1) school bus; or (2) property affiliated with, belonging to, or operated by: (A) an accredited nonpublic school; (B) a charter school; or (C) a school corporation; commits a Class B misdemeanor. Defines certain terms. Makes conforming amendments.
Last Action: Representative Jackson added as cosponsor
Last Action Date: March 19, 2019
Title: Universal background checks for firearms. Requires a person wishing to sell, trade, or transfer a firearm to another person to transact the sale, trade, or transfer through a firearms dealer (dealer). Specifies certain exemptions. Requires a dealer to complete the sale, trade, or transfer of a firearm if the following conditions are met: (1) The dealer agrees to transact the sale, trade, or transfer of a firearm. (2) The dealer is able to successfully contact the National Instant Criminal Background Check System (NICS). (3) The dealer receives authorization from NICS to complete the sale, trade, or transfer of the firearm. (4) The recipient of the firearm being sold, traded, or transferred: (A) is not otherwise prohibited from possessing a firearm under federal or state law; and (B) is in compliance with all federal and state laws pertaining to the possession and transfer of certain firearms as defined under the National Firearms Act (NFA firearm), if applicable. Allows a dealer to refuse to transact the sale, trade, or transfer of a firearm for any reason. Requires a dealer to abort the sale, trade, or transfer of a firearm when: (1) the seller of a firearm; (2) the intended recipient of a firearm; or (3) both; are not eligible to possess a firearm or an NFA firearm, as applicable. Requires a dealer to abort the sale, trade, or transfer of a firearm if the firearm to be sold, traded, or transferred is: (1) reported lost; (2) reported stolen; or (3) used in the commission of a crime. Provides that a dealer is not required to return payment issued to the dealer for the dealer's role in transacting the sale, trade, or transfer of a firearm in certain instances. Provides a dealer with immunity from civil liability and damages in certain instances. Provides that a person who knowingly or intentionally makes a materially false statement to a dealer for the purpose of completing the sale, trade, or transfer of a firearm commits firearms transfer fraud, a Level 6 felony. Enhances the offense to a Level 5 felony if the person has a prior unrelated conviction for the offense. Provides that a dealer who transacts the sale, trade, or transfer of a firearm in violation of certain requirements commits unlawful transfer of a firearm, a Level 6 felony. Provides that the offense is a Level 5 felony if the person has a prior unrelated conviction for the offense. Specifies certain defenses. Defines certain terms. Makes conforming amendments.
Description: Universal background checks for firearms. Requires a person wishing to sell, trade, or transfer a firearm to another person to transact the sale, trade, or transfer through a firearms dealer (dealer). Specifies certain exemptions. Requires a dealer to complete the sale, trade, or transfer of a firearm if the following conditions are met: (1) The dealer agrees to transact the sale, trade, or transfer of a firearm. (2) The dealer is able to successfully contact the National Instant Criminal Background Check System (NICS). (3) The dealer receives authorization from NICS to complete the sale, trade, or transfer of the firearm. (4) The recipient of the firearm being sold, traded, or transferred: (A) is not otherwise prohibited from possessing a firearm under federal or state law; and (B) is in compliance with all federal and state laws pertaining to the possession and transfer of certain firearms as defined under the National Firearms Act (NFA firearm), if applicable. Allows a dealer to refuse to transact the sale, trade, or transfer of a firearm for any reason. Requires a dealer to abort the sale, trade, or transfer of a firearm when: (1) the seller of a firearm; (2) the intended recipient of a firearm; or (3) both; are not eligible to possess a firearm or an NFA firearm, as applicable. Requires a dealer to abort the sale, trade, or transfer of a firearm if the firearm to be sold, traded, or transferred is: (1) reported lost; (2) reported stolen; or (3) used in the commission of a crime. Provides that a dealer is not required to return payment issued to the dealer for the dealer's role in transacting the sale, trade, or transfer of a firearm in certain instances. Provides a dealer with immunity from civil liability and damages in certain instances. Provides that a person who knowingly or intentionally makes a materially false statement to a dealer for the purpose of completing the sale, trade, or transfer of a firearm commits firearms transfer fraud, a Level 6 felony. Enhances the offense to a Level 5 felony if the person has a prior unrelated conviction for the offense. Provides that a dealer who transacts the sale, trade, or transfer of a firearm in violation of certain requirements commits unlawful transfer of a firearm, a Level 6 felony. Provides that the offense is a Level 5 felony if the person has a prior unrelated conviction for the offense. Specifies certain defenses. Defines certain terms. Makes conforming amendments.
Last Action: First reading: referred to Committee on Judiciary
Last Action Date: January 14, 2019
Title: Employer firearms policies. Provides that a person who: (1) discovers, as a result of an illegal entry into a motor vehicle owned or possessed by the person, that a firearm legally owned or possessed by the person was stolen from the motor vehicle; and (2) reports the theft of the firearm from the motor vehicle to a law enforcement agency; is immune from any adverse administrative sanction concerning the possession of a firearm or ammunition on the property of an approved postsecondary educational institution in certain instances. Provides that a person is required to prove, by a preponderance of the evidence, that the person did not knowingly or intentionally violate any administrative regulation or comparable prohibition concerning the possession of a firearm or ammunition on the property of an approved postsecondary educational institution when raising the defense of immunity.
Description: Employer firearms policies. Provides that a person who: (1) discovers, as a result of an illegal entry into a motor vehicle owned or possessed by the person, that a firearm legally owned or possessed by the person was stolen from the motor vehicle; and (2) reports the theft of the firearm from the motor vehicle to a law enforcement agency; is immune from any adverse administrative sanction concerning the possession of a firearm or ammunition on the property of an approved postsecondary educational institution in certain instances. Provides that a person is required to prove, by a preponderance of the evidence, that the person did not knowingly or intentionally violate any administrative regulation or comparable prohibition concerning the possession of a firearm or ammunition on the property of an approved postsecondary educational institution when raising the defense of immunity.
Last Action: First reading: referred to Committee on Judiciary
Last Action Date: January 14, 2019
Title: Mental health provider reporting requirements. Requires a mental health professional to notify the office of judicial administration, for transmittal to the NICS, that an individual has a propensity for violent or emotionally unstable conduct. Provides that the notification expires: (1) after five years; or (2) when the mental health professional makes a determination that the individual no longer has a propensity for violent or emotionally unstable conduct; whichever occurs earlier.
Description: Mental health provider reporting requirements. Requires a mental health professional to notify the office of judicial administration, for transmittal to the NICS, that an individual has a propensity for violent or emotionally unstable conduct. Provides that the notification expires: (1) after five years; or (2) when the mental health professional makes a determination that the individual no longer has a propensity for violent or emotionally unstable conduct; whichever occurs earlier.
Last Action: First reading: referred to Committee on Health and Provider Services
Last Action Date: January 15, 2019