Indiana 2022 1st Special Session

Indiana House Bill HB1012 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1012(ss)
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-31.5-2; IC 35-47.
7	7	Synopsis: Firearm storage. Prohibits a person from keeping or storing
8	8	a loaded firearm on any premises controlled by the person if the person
9	9	knows, or reasonably should know, that a child is likely to gain access
10	10	to the firearm. Provides that a child's possession of a firearm resulting
11	11	from a person's knowing or intentional failure to secure a firearm is a
12	12	Class C misdemeanor for the person responsible for control of the
13	13	premises. Provides that the offense is a Class B misdemeanor if the
14	14	person has a prior unrelated conviction for the offense. Provides that a
15	15	child's use of an unsecured firearm resulting in injury or death to any
16	16	other person due to a person's knowing or intentional failure to secure
17	17	a firearm is a Class A misdemeanor for the person responsible for
18	18	control of the premises. Provides that the offense is a Level 6 felony if
19	19	the person has a prior unrelated conviction for the offense. Specifies
20	20	certain defenses. Specifies particular sign requirements for retail
21	21	dealers. Defines terms. Makes conforming amendments.
22	22	Effective: January 1, 2023.
23	23	Gore, Hamilton
24	24	July 28, 2022, read first time and referred to Committee on Rules and Legislative
25	25	Procedures.
26	26	2022(ss) IN 1012—LS 6036/DI 144 Introduced
27	27	Special Session of the 122nd General Assembly (2022)(ss)
28	28	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
29	29	Constitution) is being amended, the text of the existing provision will appear in this style type,
30	30	additions will appear in this style type, and deletions will appear in this style type.
31	31	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
32	32	provision adopted), the text of the new provision will appear in this style type. Also, the
33	33	word NEW will appear in that style type in the introductory clause of each SECTION that adds
34	34	a new provision to the Indiana Code or the Indiana Constitution.
35	35	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
36	36	between statutes enacted by the 2022 Regular Session of the General Assembly.
37	37	HOUSE BILL No. 1012(ss)
38	38	A BILL FOR AN ACT to amend the Indiana Code concerning
39	39	criminal law and procedure.
40	40	Be it enacted by the General Assembly of the State of Indiana:
41	41	1 SECTION 1. IC 35-31.5-2-19.5 IS ADDED TO THE INDIANA
42	42	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
43	43	3 [EFFECTIVE JANUARY 1, 2023]: Sec. 19.5. "Antique firearm", for
44	44	4 purposes of IC 35-47-1.5, has the meaning set forth in
45	45	5 IC 35-47-1.5-1.
46	46	6 SECTION 2. IC 35-31.5-2-38, AS AMENDED BY P.L.252-2017,
47	47	7 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
48	48	8 JANUARY 1, 2023]: Sec. 38. "Child", for purposes of IC 35-46-1-8,
49	49	9 IC 35-47-10, and IC 35-44.1-5-5, and IC 35-47-1.5, has the meaning
50	50	10 set forth in IC 35-47-10-3.
51	51	11 SECTION 3. IC 35-31.5-2-171.3 IS ADDED TO THE INDIANA
52	52	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
53	53	13 [EFFECTIVE JANUARY 1, 2023]: Sec. 171.3. "Inoperable
54	54	14 firearm", for purposes of IC 35-47-1.5, has the meaning set forth
55	55	15 in IC 35-47-1.5-3.
56	56	16 SECTION 4. IC 35-31.5-2-188.1 IS ADDED TO THE INDIANA
57	57	17 CODE AS A NEW SECTION TO READ AS FOLLOWS
58	58	2022(ss) IN 1012—LS 6036/DI 144 2
59	59	1 [EFFECTIVE JANUARY 1, 2023]: Sec. 188.1. "Loaded firearm",
60	60	2 for purposes of IC 35-47-1.5, has the meaning set forth in
61	61	3 IC 35-47-1.5-4.
62	62	4 SECTION 5. IC 35-31.5-2-288.5 IS ADDED TO THE INDIANA
63	63	5 CODE AS A NEW SECTION TO READ AS FOLLOWS
64	64	6 [EFFECTIVE JANUARY 1, 2023]: Sec. 288.5. "Secures", for
65	65	7 purposes of IC 35-47-1.5, has the meaning set forth in
66	66	8 IC 35-47-1.5-5.
67	67	9 SECTION 6. IC 35-47-1.5 IS ADDED TO THE INDIANA CODE
68	68	10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
69	69	11 JANUARY 1, 2023]:
70	70	12 Chapter 1.5. Storage of Firearms
71	71	13 Sec. 1. As used in this chapter, "antique firearm" has the
72	72	14 meaning set forth in 18 U.S.C. 921(a)(16).
73	73	15 Sec. 2. As used in this chapter, "child" has the meaning set forth
74	74	16 in IC 35-47-10-3.
75	75	17 Sec. 3. As used in this chapter, "inoperable firearm" means a
76	76	18 firearm that is permanently unable to discharge or expel a
77	77	19 projectile by means of an explosion. The term does not include any
78	78	20 firearm that may be modified to discharge or expel a projectile by
79	79	21 means of an explosion.
80	80	22 Sec. 4. As used in this chapter, "loaded firearm" means a
81	81	23 firearm with one (1) or more of the following characteristics:
82	82	24 (1) A bullet, cartridge, projectile, or round in the breech,
83	83	25 chamber, or cylinder of the firearm.
84	84	26 (2) Ammunition in close proximity to the firearm so that a
85	85	27 person can readily insert the ammunition into the firearm.
86	86	28 (3) Ammunition that is:
87	87	29 (A) inserted or stored inside:
88	88	30 (i) the firing chamber;
89	89	31 (ii) a cylinder; or
90	90	32 (iii) a fixed magazine;
91	91	33 of the firearm; or
92	92	34 (B) housed or stored inside a detachable magazine for the
93	93	35 firearm.
94	94	36 Sec. 5. As used in this chapter, "secures" means to prevent
95	95	37 access to a firearm. The term includes the following:
96	96	38 (1) Placing or storing the firearm in a locked container.
97	97	39 (2) Temporarily rendering the firearm inoperable by:
98	98	40 (A) use of a trigger lock, bore lock, cable lock, or
99	99	41 comparable device; or
100	100	42 (B) disassembling the firearm in a manner that prevents
101	101	2022(ss) IN 1012—LS 6036/DI 144 3
102	102	1 the firearm from operating.
103	103	2 Sec. 6. (a) This chapter does not apply to the following:
104	104	3 (1) Antique firearms.
105	105	4 (2) Inoperable firearms.
106	106	5 (3) A person who secures a firearm against unauthorized
107	107	6 access.
108	108	7 (4) A person who carries a firearm:
109	109	8 (A) on his or her person; or
110	110	9 (B) in such proximity to his or her person that the firearm
111	111	10 may be readily retrieved and used.
112	112	11 (5) Any use of a firearm described in IC 35-47-10-1(b).
113	113	12 (6) Any possession of a firearm described in IC 34-28-7.
114	114	13 (b) It is unlawful for a person to knowingly or intentionally
115	115	14 store or keep a loaded firearm on any premises under the person's
116	116	15 control if the person knows, or reasonably should know, that a
117	117	16 child is likely to gain access to the firearm.
118	118	17 (c) If:
119	119	18 (1) a person described in subsection (b) fails to secure a
120	120	19 firearm; and
121	121	20 (2) a child obtains possession of the unsecured firearm;
122	122	21 the person responsible for the control of the premises commits
123	123	22 unsafe storage of a firearm, a Class C misdemeanor. However, the
124	124	23 offense is a Class B misdemeanor if the person has a prior,
125	125	24 unrelated conviction for an offense under this section.
126	126	25 (d) If:
127	127	26 (1) a person described in subsection (b) fails to secure a
128	128	27 firearm; and
129	129	28 (2) use of the unsecured firearm by a child results in:
130	130	29 (A) any injury to; or
131	131	30 (B) the death of;
132	132	31 any other person;
133	133	32 the person responsible for control of the premises commits
134	134	33 dangerous storage of a firearm, a Class A misdemeanor. However,
135	135	34 the offense is a Level 6 felony if the person has a prior, unrelated
136	136	35 conviction for an offense under this section.
137	137	36 (e) It is a defense to a prosecution under subsection (c) that the
138	138	37 possession of the firearm by a child was the result of the
139	139	38 commission of an act that would be an offense described in one (1)
140	140	39 or more of the following sections if committed by an adult:
141	141	40 (1) Burglary (IC 35-43-2-1).
142	142	41 (2) Residential entry (IC 35-43-2-1.5).
143	143	42 (3) Robbery (IC 35-42-5-1).
144	144	2022(ss) IN 1012—LS 6036/DI 144 4
145	145	1 (4) Theft (IC 35-43-4-2).
146	146	2 (5) Criminal conversion (IC 35-43-4-3).
147	147	3 (f) It is a defense to a prosecution under subsection (d) that the
148	148	4 injury or death inflicted on the other person occurred during a
149	149	5 lawful act of:
150	150	6 (1) self-defense; or
151	151	7 (2) defense of a third party.
152	152	8 SECTION 7. IC 35-47-2-14.5 IS ADDED TO THE INDIANA
153	153	9 CODE AS A NEW SECTION TO READ AS FOLLOWS
154	154	10 [EFFECTIVE JANUARY 1, 2023]: Sec. 14.5. (a) A retail dealer shall
155	155	11 conspicuously display at the site of the retail dealer's business a
156	156	12 sign with the following language:
157	157	13 "IT IS UNLAWFUL TO LEAVE AN UNSECURED FIREARM
158	158	14 IN A LOCATION WHERE CHILDREN ARE LIKELY TO BE
159	159	15 AND MAY OBTAIN ACCESS TO THE FIREARM.".
160	160	16 (b) A retail dealer who knowingly or intentionally violates
161	161	17 subsection (a) commits a Class C infraction. However, the violation
162	162	18 is a Class A infraction if the retail dealer has a prior unrelated
163	163	19 adjudication for the violation.
164	164	2022(ss) IN 1012—LS 6036/DI 144