Proposed Indiana Firearm Legislation
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note: Indiana does not carry over legislation from session to session
Title: Firearm storage.
Description: Firearm storage. Prohibits a person from keeping or storing a loaded firearm on any premises controlled by the person if the person knows, or reasonably should know, that a child is likely to gain access to the firearm. Provides that a child's possession of a firearm resulting from a person's knowing or intentional failure to secure a firearm is a Class C misdemeanor for the person responsible for control of the premises. Provides that the offense is a Class B misdemeanor if the person has a prior unrelated conviction for the offense. Provides that a child's use of an unsecured firearm resulting in injury or death to any other person due to a person's knowing or intentional failure to secure a firearm is a Class A misdemeanor for the person responsible for control of the premises. Provides that the offense is a Level 6 felony if the person has a prior unrelated conviction for the offense. Specifies certain defenses. Specifies particular sign requirements for retail dealers. Defines terms. Makes conforming amendments.
Last Action: First reading: referred to Committee on Rules and Legislative Procedures
Last Action Date: July 28, 2022
Title: Firearms matters.
Description: Firearms matters. Repeals the law that requires a person to obtain a license to carry a handgun in Indiana. Specifies that certain persons who are not otherwise prohibited from carrying or possessing a handgun are not required to obtain or possess a license or permit from the state to carry a handgun in Indiana. Prohibits certain individuals from knowingly or intentionally carrying a handgun. Creates the crime of "unlawful carrying of a handgun" and specifies the penalties for committing this crime. Allows particular individuals who do not meet the requirements to receive a handgun license and are not otherwise prohibited to carry a handgun in limited places. Allows a resident of Indiana to obtain in certain circumstances a license to carry a handgun in Indiana. Makes theft of a firearm a Level 5 felony. Defines certain terms. Makes conforming amendments and repeals obsolete provisions.
Last Action: Pursuant to Senate Rule 68(b); reassigned to Committee on Rules and Legislative Procedure
Last Action Date: February 24, 2022
Title: Constitutional carry.
Description: Constitutional carry. Repeals the law that requires a person to obtain a license to carry a handgun in Indiana. Provides that a nonresident of Indiana may carry a handgun in Indiana without possessing a license or permit to carry a handgun from the person's state of residence. Allows a member of the: (1) general assembly; (2) general assembly's professional staff; or (3) lobby registration commission; to possess a handgun on the Indiana government center campus if the person is otherwise permitted to possess a handgun. Allows a person who wishes to carry a handgun in another state under a reciprocity agreement entered into by Indiana and the other state to obtain a license to carry a handgun. Beginning July 1, 2022, permits a person not otherwise prohibited from possessing a firearm under state or federal law to possess a firearm on any property that is: (1) affiliated with; (2) operated or managed by; (3) owned by; or (4) leased by; the department of natural resources. Defines certain terms. Makes conforming amendments.
Last Action: First reading: referred to Committee on Public Policy
Last Action Date: January 4, 2022
Title: Firearms matters.
Description: Firearms matters. Allows a person to possess or carry a handgun without a license unless the person: (1) has been convicted of certain crimes or delinquent offenses; (2) has been prohibited by a court from possessing a handgun or has been found by a court to be dangerous; or (3) has been found by a court to be mentally incompetent, has been involuntarily committed, or has been the subject of a 90 day or regular commitment. Repeals the current offense of carrying a handgun without a license and makes it a Class A misdemeanor for certain persons to possess or carry a handgun. Increases the penalty to a Level 5 felony in some instances. Makes conforming amendments and repeals obsolete provisions. Makes a technical correction.
Last Action: First reading: referred to Committee on Public Policy
Last Action Date: January 4, 2022
Title: Possession of firearms.
Description: Possession of firearms. Repeals provisions concerning the: (1) confiscation and retention of firearms from a dangerous person; (2) compilation and publication of statistics related to the confiscation and retention of firearms from a dangerous person; and (3) making of a false report that a person is dangerous. Modifies a provision concerning a petition to find that an individual is no longer dangerous.
Last Action: First reading: referred to Committee on Public Policy
Last Action Date: January 6, 2022
Title: Surrender of firearms for domestic violence crimes.
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 a Class A misdemeanor. Specifies certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm; (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any license or permit to carry a handgun (license); and (3) requires confiscation, within 72 hours, of any firearm or license owned or possessed by the defendant. Provides that a domestic batterer who knowingly or intentionally fails to surrender a certain firearm or license commits a Class A misdemeanor, enhanced to a Level 6 felony in specific instances. Provides certain defenses. Specifies how a confiscated firearm or license shall be returned or 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 10, 2022
Title: Firearms matters.
Description: Firearms matters. Repeals the law that requires a person to obtain a license to carry a handgun in Indiana. Specifies that certain persons who are not otherwise prohibited from carrying or possessing a handgun are not required to obtain or possess a license or permit from the state to carry a handgun in Indiana. Prohibits certain individuals from knowingly or intentionally carrying a handgun. Creates the crime of "unlawful carrying of a handgun" and specifies the penalties for committing this crime. Allows particular individuals who do not meet the requirements to receive a handgun license and are not otherwise prohibited to carry a handgun in limited places. Allows a resident of Indiana to obtain in certain circumstances a license to carry a handgun in Indiana. Makes theft of a firearm a Level 5 felony. Defines certain terms. Makes conforming amendments and repeals obsolete provisions.
Last Action: Public Law 175
Last Action Date: March 21, 2022
Title: Enforcement of federal firearms laws.
Description: Enforcement of federal firearms laws. Prohibits certain law enforcement officers from enforcing particular federal firearms laws that are more restrictive than Indiana law. Permits the filing of an action by a person injured by an officer's enforcement of those laws. Specifies exceptions and defines certain terms.
Last Action: First reading: referred to Committee on Public Policy
Last Action Date: January 11, 2022
Title: Sales tax exemption for firearms and ammunition.
Description: Sales tax exemption for firearms and ammunition. Provides that sales of qualifying firearms and ammunition are exempt from the state gross retail tax.
Last Action: First reading: referred to Committee on Ways and Means
Last Action Date: January 11, 2022
Title: Government contracts.
Description: Government contracts. Provides that a governmental body may not enter into a contract with a person for the purchase of supplies or services unless the contract contains a written verification from the person that the person: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or a firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or a firearm trade association. Applies this requirement to public works contracts and to contracts relating to investment of public funds.
Last Action: Representative Teshka J added as author
Last Action Date: January 20, 2022
Title: Firearms matters.
Description: Firearms matters. Makes the current offense of carrying a handgun without a license applicable only to persons who are at least 18 years of age but less than 21 years of age. Allows certain persons who are at least 21 years of age to possess or carry a handgun without a license unless the person fits into one of several categories, including a person who: (1) has been convicted of, or arrested for, specified crimes or delinquent offenses; (2) has been prohibited by a court from possessing a handgun or has been found by a court to be dangerous; or (3) has been found by a court to be mentally incompetent, has been involuntarily committed, or has been the subject of a 90 day or regular commitment. Allows certain persons who: (1) do not meet the requirements to receive a license to carry a handgun; and (2) are not otherwise barred from carrying or possessing a handgun by state law; to carry a handgun in specified instances. Makes it a Class A misdemeanor for particular persons to possess or carry a handgun. Increases the penalty to a Level 5 felony in some instances. Defines certain terms. Makes conforming amendments and repeals obsolete provisions. Makes a technical correction.
Last Action: Senator Messmer added as coauthor
Last Action Date: January 18, 2022
Title: Government acquisition and disposition of firearms.
Description: Government acquisition and disposition of firearms. Specifies that a law enforcement agency having possession of a firearm may not destroy the firearm unless the serial number of the firearm was obliterated at the time the law enforcement agency took custody of it. Prohibits a local unit of government, including a law enforcement agency, from conducting a firearm buyback program.
Last Action: Senator Kruse added as second author
Last Action Date: January 11, 2022
Title: Possession of firearms by retired law enforcement officers.
Description: Possession of firearms by retired law enforcement officers. Provides that a retired law enforcement officer may possess a firearm on school property under certain conditions.
Last Action: Senator Baldwin added as second author
Last Action Date: January 4, 2022
Title: Self-defense.
Description: Self-defense. Specifies that "reasonable force" includes the pointing of a loaded or unloaded firearm for purposes of self-defense and arrest statutes.
Last Action: First reading: referred to Committee on Courts and Criminal Code
Last Action Date: February 7, 2022
Title: Acquisition and storage of firearms.
Description: Acquisition and storage of firearms. Prohibits a person from keeping or storing an unsecured firearm on any premises controlled by the person under certain circumstances. Makes the failure to secure a firearm a Level 6 felony if the offense results in injury or death, enhances the offense to a Level 5 felony if the person has a prior unrelated conviction, and provides a defense. Requires a person wishing to transfer a firearm to another person to transact the transfer through a firearms dealer (dealer), subject to certain exceptions, and specifies the procedure to be used by the dealer to effect the transfer. Grants a dealer who completes a transfer civil immunity. Provides that a person who makes a false statement to a dealer for the purpose of completing a third party transfer commits firearm transfer fraud, a Level 6 felony, and enhances the penalty if the person has a prior unrelated conviction. Specifies that a dealer or other person who transfers a firearm in violation of certain requirements commits unlawful transfer of a firearm, a Level 6 felony, and enhances the offense to a Level 5 felony if the dealer or person has a prior unrelated conviction. Makes conforming amendments.
Last Action: Senator Yoder added as coauthor
Last Action Date: January 20, 2022
Title: Discrimination against firearm entities.
Description: Discrimination against firearm entities. Defines a "firearm entity" as any of the following: (1) A manufacturer, wholesaler, distributor, supplier, or retailer of firearms, firearms accessories, or ammunition. (2) An entity that operates an area for target or other recreational shooting. (3) A firearm trade association. Prohibits a governmental entity from entering into a contract with a company for the purchase of goods or services unless the contract includes a written attestation by the company that: (1) the company does not have a practice, policy, guidance, or directive that discriminates against a firearm entity based solely on the entity's status as a firearm entity; and (2) during the term of the contract, the company will not discriminate against a firearm entity based solely on the entity's status as a firearm entity. Provides that, with certain exceptions, the bill's provisions apply to a contract that: (1) has a value of at least $100,000; (2) is to be paid partly or wholly from public funds; (3) is between a governmental entity and a company with at least 10 full-time employees; and (4) is entered into after June 30, 2022. Specifies actions that constitute discrimination against a firearm entity for purposes of these provisions.
Last Action: Senator Kruse added as second author
Last Action Date: January 13, 2022
Title: Conflict resolution and technical corrections.
Description: Conflict resolution and technical corrections. Resolves conflicts occurring in the following: (1) SEA 37-2022 and HEA 1075-2022. (2) SEA 37-2022 and SEA 382-2022. (3) SEA 294-2022 and HEA 1296-2022. (4) HEA 1174-2022 and HEA 1314-2022. (5) SEA 119-2022 and HEA 1260-2022. (6) SEA 382-2022 and HEA 1251-2022. (7) SEA 382-2022 and HEA 1002-2022. (8) HEA 1169-2022 and HEA 1245-2022. (9) SEA 37-2022 and HEA 1245-2022. (10) SEA 356-2022 and HEA 1251-2022. (11) SEA 290-2022 and HEA 1093-2022. (12) SEA 80-2022 and HEA 1300-2022. (13) SEA 149-2022 and HEA 1260-2022. Makes technical corrections in various enrolled acts as follows: (1) Removes extraneous provisions inadvertently left in HEA 1262-2022 and HEA 1137-2022. (2) Corrects the name of the International Chiropractors Association in a provision added by SEA 239-2022. (3) Inserts a phrase inadvertently omitted from SEA 388-2022. (4) Corrects cross references in HEA 1003-2022. Specifies the general assembly's intent regarding IC 34-30-2 and conflicts occurring in SEA 5-2022, SEA 80-2022, and HEA 1260-2022.
Last Action: Public Law 178(ts)
Last Action Date: May 25, 2022