Introduced Version
HOUSE BILL No. 1012(ss)
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-31.5-2; IC 35-47.
Synopsis: 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.
Effective: January 1, 2023.
Gore, Hamilton
July 28, 2022, read first time and referred to Committee on Rules and Legislative
Procedures.
2022(ss) IN 1012—LS 6036/DI 144 Introduced
Special Session of the 122nd General Assembly (2022)(ss)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1012(ss)
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-31.5-2-19.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JANUARY 1, 2023]: Sec. 19.5. "Antique firearm", for
4 purposes of IC 35-47-1.5, has the meaning set forth in
5 IC 35-47-1.5-1.
6 SECTION 2. IC 35-31.5-2-38, AS AMENDED BY P.L.252-2017,
7 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JANUARY 1, 2023]: Sec. 38. "Child", for purposes of IC 35-46-1-8,
9 IC 35-47-10, and IC 35-44.1-5-5, and IC 35-47-1.5, has the meaning
10 set forth in IC 35-47-10-3.
11 SECTION 3. IC 35-31.5-2-171.3 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JANUARY 1, 2023]: Sec. 171.3. "Inoperable
14 firearm", for purposes of IC 35-47-1.5, has the meaning set forth
15 in IC 35-47-1.5-3.
16 SECTION 4. IC 35-31.5-2-188.1 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
2022(ss) IN 1012—LS 6036/DI 144 2
1 [EFFECTIVE JANUARY 1, 2023]: Sec. 188.1. "Loaded firearm",
2 for purposes of IC 35-47-1.5, has the meaning set forth in
3 IC 35-47-1.5-4.
4 SECTION 5. IC 35-31.5-2-288.5 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JANUARY 1, 2023]: Sec. 288.5. "Secures", for
7 purposes of IC 35-47-1.5, has the meaning set forth in
8 IC 35-47-1.5-5.
9 SECTION 6. IC 35-47-1.5 IS ADDED TO THE INDIANA CODE
10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
11 JANUARY 1, 2023]:
12 Chapter 1.5. Storage of Firearms
13 Sec. 1. As used in this chapter, "antique firearm" has the
14 meaning set forth in 18 U.S.C. 921(a)(16).
15 Sec. 2. As used in this chapter, "child" has the meaning set forth
16 in IC 35-47-10-3.
17 Sec. 3. As used in this chapter, "inoperable firearm" means a
18 firearm that is permanently unable to discharge or expel a
19 projectile by means of an explosion. The term does not include any
20 firearm that may be modified to discharge or expel a projectile by
21 means of an explosion.
22 Sec. 4. As used in this chapter, "loaded firearm" means a
23 firearm with one (1) or more of the following characteristics:
24 (1) A bullet, cartridge, projectile, or round in the breech,
25 chamber, or cylinder of the firearm.
26 (2) Ammunition in close proximity to the firearm so that a
27 person can readily insert the ammunition into the firearm.
28 (3) Ammunition that is:
29 (A) inserted or stored inside:
30 (i) the firing chamber;
31 (ii) a cylinder; or
32 (iii) a fixed magazine;
33 of the firearm; or
34 (B) housed or stored inside a detachable magazine for the
35 firearm.
36 Sec. 5. As used in this chapter, "secures" means to prevent
37 access to a firearm. The term includes the following:
38 (1) Placing or storing the firearm in a locked container.
39 (2) Temporarily rendering the firearm inoperable by:
40 (A) use of a trigger lock, bore lock, cable lock, or
41 comparable device; or
42 (B) disassembling the firearm in a manner that prevents
2022(ss) IN 1012—LS 6036/DI 144 3
1 the firearm from operating.
2 Sec. 6. (a) This chapter does not apply to the following:
3 (1) Antique firearms.
4 (2) Inoperable firearms.
5 (3) A person who secures a firearm against unauthorized
6 access.
7 (4) A person who carries a firearm:
8 (A) on his or her person; or
9 (B) in such proximity to his or her person that the firearm
10 may be readily retrieved and used.
11 (5) Any use of a firearm described in IC 35-47-10-1(b).
12 (6) Any possession of a firearm described in IC 34-28-7.
13 (b) It is unlawful for a person to knowingly or intentionally
14 store or keep a loaded firearm on any premises under the person's
15 control if the person knows, or reasonably should know, that a
16 child is likely to gain access to the firearm.
17 (c) If:
18 (1) a person described in subsection (b) fails to secure a
19 firearm; and
20 (2) a child obtains possession of the unsecured firearm;
21 the person responsible for the control of the premises commits
22 unsafe storage of a firearm, a Class C misdemeanor. However, the
23 offense is a Class B misdemeanor if the person has a prior,
24 unrelated conviction for an offense under this section.
25 (d) If:
26 (1) a person described in subsection (b) fails to secure a
27 firearm; and
28 (2) use of the unsecured firearm by a child results in:
29 (A) any injury to; or
30 (B) the death of;
31 any other person;
32 the person responsible for control of the premises commits
33 dangerous storage of a firearm, a Class A misdemeanor. However,
34 the offense is a Level 6 felony if the person has a prior, unrelated
35 conviction for an offense under this section.
36 (e) It is a defense to a prosecution under subsection (c) that the
37 possession of the firearm by a child was the result of the
38 commission of an act that would be an offense described in one (1)
39 or more of the following sections if committed by an adult:
40 (1) Burglary (IC 35-43-2-1).
41 (2) Residential entry (IC 35-43-2-1.5).
42 (3) Robbery (IC 35-42-5-1).
2022(ss) IN 1012—LS 6036/DI 144 4
1 (4) Theft (IC 35-43-4-2).
2 (5) Criminal conversion (IC 35-43-4-3).
3 (f) It is a defense to a prosecution under subsection (d) that the
4 injury or death inflicted on the other person occurred during a
5 lawful act of:
6 (1) self-defense; or
7 (2) defense of a third party.
8 SECTION 7. IC 35-47-2-14.5 IS ADDED TO THE INDIANA
9 CODE AS A NEW SECTION TO READ AS FOLLOWS
10 [EFFECTIVE JANUARY 1, 2023]: Sec. 14.5. (a) A retail dealer shall
11 conspicuously display at the site of the retail dealer's business a
12 sign with the following language:
13 "IT IS UNLAWFUL TO LEAVE AN UNSECURED FIREARM
14 IN A LOCATION WHERE CHILDREN ARE LIKELY TO BE
15 AND MAY OBTAIN ACCESS TO THE FIREARM.".
16 (b) A retail dealer who knowingly or intentionally violates
17 subsection (a) commits a Class C infraction. However, the violation
18 is a Class A infraction if the retail dealer has a prior unrelated
19 adjudication for the violation.
2022(ss) IN 1012—LS 6036/DI 144