Proposed Indiana Firearm Legislation
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note: Indiana does not carry over legislation from session to session
Title: Recognizing and honoring the National Rifle Association.
Description: Recognizing and honoring the National Rifle Association. Recognizing and honoring the National Rifle Association.
Last Action: First reading: referred to the Committee on Public Policy
Last Action Date: April 13, 2023
Title: Second amendment protection.
Description: Second amendment protection. Provides that certain federal laws that infringe on the right to keep and bear arms are invalid, not recognized, and rejected, and shall not be enforced by Indiana. Specifies penalties and causes of action concerning a political subdivision or law enforcement agency that employs a: (1) law enforcement officer who enforces or attempts to enforce certain provisions or otherwise deprives a citizen of Indiana of particular constitutional rights or privileges; or (2) federal official, or person who gives material aid to a federal official, who knowingly enforces or attempts to enforce certain laws. Specifies exceptions. Makes findings and defines particular terms.
Last Action: Representative Haggard C added as coauthor
Last Action Date: January 19, 2023
Title: Firearms training for teachers.
Description: Firearms training for teachers. Authorizes funds from the: (1) Indiana secured school fund; and (2) school corporation and charter school safety advance program; to be used for the purpose of providing specialized firearms instruction to certain teachers, school staff, and school employees, and for providing counseling services to students, teachers, school staff, and school employees in the event of a school shooting. Creates a specialized firearms safety, education, and training curriculum (curriculum) for teachers, school staff, and school employees. Specifies curriculum requirements. Requires a charter school, accredited nonpublic school, or school corporation to ensure that a teacher, school staff member, or school employee who receives training funded by a grant from the Indiana secured school fund complies with certain requirements. Provides that the identity of any person who: (1) enrolls in; (2) participates in; or (3) completes; the curriculum is confidential. Requires the department of education, in collaboration with the state police department, to identify a set of best practices and develop a set of educational materials concerning the safe possession and storage of a firearm in a home with a child. Provides that the department of education shall provide the best practices and educational materials to certain schools for annual distribution to parents of students. Provides that a public school or a state 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 provides written consent. Provides that certain schools may not conduct or approve a training or drill for a student of the school that includes, as any part of the training or drill, the expelling of any type of projectile at a student. Provides that the prohibition on the possession of a firearm in or on school property or on a school bus does not apply to certain qualified law enforcement officers and qualified retired law enforcement officers. Makes conforming and technical amendments.
Last Action: Public Law 218
Last Action Date: May 4, 2023
Title: School distribution of firearm safety information.
Description: School distribution of firearm safety information. Requires the department of education, in collaboration with the state police department, to identify a set of best practices and develop a set of educational materials concerning the safe possession and storage of a firearm in a home with a child. Provides that the department of education shall provide the best practices and educational materials to certain schools for annual distribution to parents of students.
Last Action: Representative Teshka J added as coauthor
Last Action Date: January 19, 2023
Title: Regulation of assault weapons.
Description: Regulation of assault weapons. Prohibits a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from selling or delivering a semiautomatic assault weapon to a person who is less than 21 years of age. Defines terms.
Last Action: First reading: referred to Committee on Public Policy
Last Action Date: January 10, 2023
Title: Self-defense.
Description: Self-defense. Specifies that "reasonable force" includes the pointing of a loaded or unloaded firearm for purposes of arrest or to prevent an escape, or for self-defense.
Last Action: Representative Payne Z added as coauthor
Last Action Date: January 12, 2023
Title: Income tax credit for firearms safety expenses.
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 tax credit is equal to the amount of the incurred expenses. Provides that the maximum amount allowed as a tax credit is $300 for individuals filing single returns or $600 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: First reading: referred to Committee on Ways and Means
Last Action Date: January 17, 2023
Title: Disposal of firearms by trade for new equipment.
Description: Disposal of firearms by trade for new equipment. Permits a law enforcement agency to dispose of certain confiscated firearms by trade with a licensed firearms dealer, a licensed firearm manufacturer, or another law enforcement agency in exchange for new firearms and other law enforcement equipment. Sets forth the recording and reporting requirements for the trade of firearms by a law enforcement agency.
Last Action: First reading: referred to Committee on Commerce and Technology
Last Action Date: March 6, 2023
Title: Machine guns.
Description: Machine guns. Revises, for purposes of an enhancement and certain criminal offenses, a definition of "machine gun". Provides that particular criminal offenses concerning machine guns do not apply to certain persons, including persons possessing machine guns or other items not required to be registered in the National Firearms Registration and Transfer Record maintained by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Makes a conforming amendment.
Last Action: Public Law 80
Last Action Date: April 20, 2023
Title: Dangerous access to a firearm.
Description: Dangerous access to a firearm. Requires a firearm owner to: (1) keep the firearm locked and unloaded; and (2) store firearm ammunition in a location separate from the firearm; when the firearm owner is not present or a minor is present in a home or vehicle where a firearm is located. Makes the knowing, intentional, or reckless violation of this requirement a Level 6 felony.
Last Action: First reading: referred to Committee on Courts and Criminal Code
Last Action Date: January 17, 2023
Title: Carrying of a handgun.
Description: Carrying of a handgun. Requires a person who carries a handgun to obtain and continuously maintain a liability insurance policy that covers losses or damages resulting from the negligent or accidental use of the handgun. Makes the failure to do so a Class A misdemeanor, elevated to a Level 5 felony in some instances. Specifies exceptions.
Last Action: First reading: referred to Committee on Courts and Criminal Code
Last Action Date: January 17, 2023
Title: Possession of firearms on school property.
Description: Possession of firearms on school property. Provides that certain persons otherwise allowed to possess a firearm on school property may not possess a firearm on school property if they are less than 21 years of age. Makes conforming amendments.
Last Action: First reading: referred to Committee on Education
Last Action Date: January 19, 2023
Title: Indicia of firearms restrictions on license.
Description: Indicia of firearms restrictions on license. Provides that the bureau of motor vehicles, when issuing a driver's license or learner's permit, shall place an identifying symbol in a prominent location on the driver's license or learner's permit of an individual prohibited from carrying a handgun to indicate that the individual is prohibited from carrying a handgun.
Last Action: First reading: referred to Committee on Roads and Transportation
Last Action Date: January 19, 2023
Title: Repeal of involuntary firearm removal process.
Description: Repeal of involuntary firearm removal process. 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 Courts and Criminal Code
Last Action Date: January 19, 2023
Title: Lawful carry by state elected officials and staff.
Description: Lawful carry by state elected officials and staff. Permits a member of the general assembly, professional staff of the general assembly, and a state officer to carry a handgun within the state capitol building and on the property of the Indiana government center campus if the person is not prohibited from carrying a handgun by state or federal law.
Last Action: First reading: referred to Committee on Public Policy
Last Action Date: January 19, 2023
Title: Prohibition of firearms at polling places.
Description: Prohibition of firearms at polling places. Prohibits a person from carrying a firearm in or near: (1) a chute; (2) polls; (3) certain areas where voters congregate or are likely to congregate; or (4) any room where ballots are being counted. Provides that the offense is a Class C misdemeanor. Enhances the offense to a: (1) Class A misdemeanor if the person has a prior unrelated conviction for the offense; or (2) Level 6 felony if the firearm is pointed at another person. Specifies: (1) a defense; and (2) certain notice requirements. Prohibits other defenses. Defines particular terms. Makes conforming amendments.
Last Action: First reading: referred to Committee on Elections
Last Action Date: January 9, 2023
Title: Reporting of lost or stolen firearms.
Description: Reporting of lost or stolen firearms. Makes it a Class C infraction for a person to fail to report a lost or stolen firearm to a specified law enforcement agency within 30 days after the firearm is lost or stolen.
Last Action: First reading: referred to Committee on Corrections and Criminal Law
Last Action Date: January 9, 2023
Title: Recognizing Moms Demand Action and Students Demand Action.
Description: Recognizing Moms Demand Action and Students Demand Action. A SENATE RESOLUTION recognizing Moms Demand Action and Students Demand Action as two organizations that have demonstrated an unwavering commitment to advocating for common-sense gun legislation and ending the epidemic of gun violence in our communities.
Last Action: First reading: adopted voice vote
Last Action Date: April 19, 2023
Title: Minimum age to carry a handgun.
Description: Minimum age to carry a handgun. Changes the minimum age required to carry a handgun to 21 years of age.
Last Action: First reading: referred to Committee on Corrections and Criminal Law
Last Action Date: January 9, 2023
Title: Privately made firearms.
Description: Privately made firearms. Defines a "privately made firearm" and other related terms. Makes it a Level 5 felony to possess a privately made firearm. Makes it a Level 5 felony to alter, obliterate, or remove certain marks of firearm identification or to possess a firearm on which those marks of identification have been altered, obliterated, or removed.
Last Action: First reading: referred to Committee on Corrections and Criminal Law
Last Action Date: January 9, 2023
Title: Unlawful surveillance.
Description: Unlawful surveillance. Adds a prohibition against using a tracking device to the list of conditions a court may impose when issuing a protection order. Increases the penalty for stalking to a Level 5 felony if the offense is committed by means of a tracking device. Provides that a person who knowingly or intentionally places a tracking device on an individual or the individual's property without the individual's knowledge or consent commits unlawful surveillance, a Class A misdemeanor, unless certain exceptions apply, and increases the penalty to a Level 6 felony if the person is the subject of a protective order or has certain prior convictions. Establishes a sentence enhancement if a person uses a tracking device to commit or facilitate the commission of a crime.
Last Action: Public Law 172
Last Action Date: May 4, 2023
Title: Firearm safety.
Description: Firearm safety. Establishes the firearm safety and suicide prevention fund for the purpose of providing funds to a school or not-for-profit organization to provide training concerning: (1) firearm safety in the home, particularly in a home with minor children; and (2) firearm suicide prevention. Establishes grant eligibility criteria. Provides that neglect of a dependent includes storing an unsecured firearm in a location to which the dependent has access, unless: (1) the firearm is secured by a lock; (2) the firearm is not loaded and access to ammunition is secured by a lock; or (3) the manner in which the firearm is stored is objectively reasonable under the circumstances. Requires a person to report a missing firearm to law enforcement within 24 hours of discovering that the firearm is missing, and makes the failure to report a Class A misdemeanor. Requires a person to successfully complete a basic firearms safety training program before purchasing a firearm from a dealer, and requires a dealer to provide a safe storage device to a firearm purchaser. Makes it a Class A misdemeanor for a: (1) dealer; (2) person approved to provide firearms training; or (3) prospective firearms purchaser; to commit certain offenses concerning a certificate of completion. Makes it a Class A misdemeanor for a dealer to fail to provide a safe storage device at the time of transacting a sale, trade, or transfer of a firearm. Makes an appropriation.
Last Action: First reading: referred to Committee on Corrections and Criminal Law
Last Action Date: January 12, 2023
Title: Firearms matters.
Description: Firearms matters. Repeals the offense of unlawful carrying of a handgun. Makes it a Class A misdemeanor to carry a handgun without being licensed to carry a handgun. Specifies exceptions. Enhances the offense to a Level 5 felony in particular instances. Provides that a person who has been convicted of domestic battery may not possess or carry a handgun unless the right has been restored. Allows a person who is protected by a protection order and meets other requirements to carry a handgun without a license for 60 days after the protection order is issued. Provides that licenses to carry handguns are either qualified or unlimited and describes the distinction between the two. Specifies the burden of proof and grounds for dismissal for certain firearms offenses. Requires a person wishing to sell, trade, or transfer (transfer) a firearm to another person to transact the transfer through a dealer and provide the dealer with certain information. Specifies the background checks that a dealer must complete prior to the transaction. Permits a dealer to refuse to transact a firearm transfer. Requires a dealer to abort the transaction in other instances. Specifies requirements for a dealer who refuses to transact or aborts a firearm transfer. Makes a dealer immune from civil liability and damages in certain instances. Makes the offenses of firearm transfer fraud and the unlawful transfer of a firearm Level 6 felonies. Enhances both offenses in particular instances. Specifies exceptions and defenses. Requires a person to: (1) complete certain firearms safety training; and (2) present a certificate of completion of that training to a dealer; before purchasing a firearm. Prohibits a dealer from selling a firearm to a person who does not present a certificate of completion. Makes it a Class A misdemeanor for a: (1) dealer; (2) person approved to provide firearms training; or (3) prospective firearms purchaser; to commit certain offenses concerning a certificate of completion. Makes it a Class A misdemeanor for a dealer to fail to provide a safe storage device at the time of transacting a sale, trade, or transfer of a firearm. Provides that the prohibition on a political subdivision's regulation of certain matters concerning firearms does not apply to a county with a consolidated city. Defines terms. Makes conforming amendments and technical corrections.
Last Action: First reading: referred to Committee on Corrections and Criminal Law
Last Action Date: January 12, 2023
Title: Regulation of assault weapons.
Description: Regulation of assault weapons. Makes it a Level 6 felony for a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to knowingly or intentionally sell or deliver a semiautomatic assault weapon or a large capacity ammunition feeding device to a person who is less than 21 years of age. Specifies defenses and exceptions. Defines terms.
Last Action: Senator Randolph added as coauthor
Last Action Date: February 9, 2023
Title: Fiduciary duties of pension system administrators.
Description: Fiduciary duties of pension system administrators. Provides that a fiduciary, in making and supervising investments of a reserve fund of the public pension system, shall discharge the fiduciary's duties solely in the financial interest of the participants and beneficiaries of the public pension system. Establishes certain requirements for fiduciaries, proxy advisors, service providers, and proxy voting. Requires a governmental entity to, at least annually, tabulate and report all proxy votes made in relation to the administration of a fund of the public pension system. Provides that the attorney general shall enforce these provisions. Imposes a civil penalty if a company serving as a fiduciary in regards to a fund of the public pension system violates these provisions.
Last Action: Withdrawn
Last Action Date: February 6, 2023
Title: Various firearms matters.
Description: Various firearms matters. Provides that a member of the firearm industry shall comply with certain firearm industry standards of conduct. Makes an act or omission by a member of the firearm industry in violation of these standards of conduct actionable by: (1) a person who has suffered harm in Indiana because of the member's conduct; (2) the attorney general; (3) a city attorney; and (4) a county attorney. Prohibits a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from selling or delivering a: (1) firearm that is not a handgun to a person who is less than 21 years of age; or (2) semiautomatic assault weapon. Repeals the offense of unlawful carrying of a handgun. Makes it a Class A misdemeanor to carry a handgun without being licensed to carry a handgun. Specifies exceptions. Enhances the offense to a Level 5 felony in particular instances. Provides that a person who has been convicted of domestic battery may not possess or carry a handgun unless the right has been restored. Allows a person who is protected by a protection order and meets other requirements to carry a handgun without a license for 60 days after the protection order is issued. Provides that licenses to carry handguns are either qualified or unlimited and describes the distinction between the two. Specifies the burden of proof and grounds for dismissal for certain firearms offenses. 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 in particular instances, 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 civil immunity in certain circumstances. Provides that a person who makes a false statement to a dealer for the purpose of completing a transfer commits firearm transfer fraud, a Level 6 felony, and enhances the penalty in particular instances. 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 in particular instances. Defines terms. Makes conforming amendments and technical corrections.
Last Action: First reading: referred to Committee on Corrections and Criminal Law
Last Action Date: January 19, 2023
Title: Machine guns; firearm safety guide.
Description: Machine guns; firearm safety guide. Revises, for purposes of an enhancement and certain criminal offenses, a definition of "machine gun" to include a particular part or combination of parts designed and intended for use in converting a weapon into a weapon that fires automatically more than one shot, without manual reloading, by a single function of the trigger. Modifies a separate definition of "machine gun". Requires the state police department to create a firearm safety guide (guide) that includes certain information before September 1, 2023, and to deliver the guide to each retail dealer located in Indiana before October 1, 2023. After November 1, 2023, requires a retail dealer to provide a copy of the guide to the recipient of a firearm at the time the retail dealer completes a firearm sale, rental, trade, or transfer.
Last Action: First reading: referred to Committee on Corrections and Criminal Law
Last Action Date: January 19, 2023