IN
Indiana House Bill HB1077

Indiana 2022 Regular Session

Indiana House Bill HB1077 Compare Versions

OldNewDifferences
1-*HB1077.2*
2-Reprinted
3-January 11, 2022
1+*HB1077.1*
2+January 6, 2022
43 HOUSE BILL No. 1077
54 _____
6-DIGEST OF HB 1077 (Updated January 10, 2022 2:32 pm - DI 144)
5+DIGEST OF HB 1077 (Updated January 5, 2022 6:22 pm - DI 140)
76 Citations Affected: IC 5-2; IC 11-13; IC 14-16; IC 31-30; IC 35-31.5;
87 IC 35-33; IC 35-43; IC 35-47; IC 35-50.
98 Synopsis: Firearms matters. Repeals the law that requires a person to
109 obtain a license to carry a handgun in Indiana. Specifies that certain
1110 persons who are not otherwise prohibited from carrying or possessing
1211 a handgun are not required to obtain or possess a license or permit from
1312 the state to carry a handgun in Indiana. Prohibits certain individuals
1413 from knowingly or intentionally carrying a handgun. Creates the crime
1514 of "unlawful carrying of a handgun" and specifies the penalties for
1615 committing this crime. Allows particular individuals who do not meet
1716 the requirements to receive a handgun license and are not otherwise
1817 prohibited to carry a handgun in limited places. Allows a resident of
1918 Indiana to obtain in certain circumstances a license to carry a handgun
2019 in Indiana. Makes theft of a firearm a Level 5 felony. Defines certain
2120 terms. Makes conforming amendments and repeals obsolete provisions.
2221 Effective: July 1, 2022.
23-Smaltz, Lehman, Lucas
22+Smaltz, Lehman
2423 January 4, 2022, read first time and referred to Committee on Public Policy.
2524 January 6, 2022, reported — Do Pass.
26-January 10, 2022, read second time, amended, ordered engrossed.
27-HB 1077—LS 6915/DI 144 Reprinted
28-January 11, 2022
25+HB 1077—LS 6915/DI 144 January 6, 2022
2926 Second Regular Session of the 122nd General Assembly (2022)
3027 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3128 Constitution) is being amended, the text of the existing provision will appear in this style type,
3229 additions will appear in this style type, and deletions will appear in this style type.
3330 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3431 provision adopted), the text of the new provision will appear in this style type. Also, the
3532 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3633 a new provision to the Indiana Code or the Indiana Constitution.
3734 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3835 between statutes enacted by the 2021 Regular Session of the General Assembly.
3936 HOUSE BILL No. 1077
4037 A BILL FOR AN ACT to amend the Indiana Code concerning
4138 criminal law and procedure.
4239 Be it enacted by the General Assembly of the State of Indiana:
4340 1 SECTION 1. IC 5-2-1-9, AS AMENDED BY P.L.187-2021,
4441 2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4542 3 JULY 1, 2022]: Sec. 9. (a) The board shall adopt in accordance with
4643 4 IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
4744 5 The rules, which shall be adopted only after necessary and proper
4845 6 investigation and inquiry by the board, shall include the establishment
4946 7 of the following:
5047 8 (1) Minimum standards of physical, educational, mental, and
5148 9 moral fitness which shall govern the acceptance of any person for
5249 10 training by any law enforcement training school or academy
5350 11 meeting or exceeding the minimum standards established
5451 12 pursuant to this chapter.
5552 13 (2) Minimum standards for law enforcement training schools
5653 14 administered by towns, cities, counties, law enforcement training
5754 15 centers, agencies, or departments of the state.
5855 16 (3) Minimum standards for courses of study, attendance
5956 17 requirements, equipment, and facilities for approved town, city,
6057 HB 1077—LS 6915/DI 144 2
6158 1 county, and state law enforcement officer, police reserve officer,
6259 2 and conservation reserve officer training schools.
6360 3 (4) Minimum standards for a course of study on cultural diversity
6461 4 awareness, including training on the U nonimmigrant visa created
6562 5 through the federal Victims of Trafficking and Violence
6663 6 Protection Act of 2000 (P.L. 106-386) that must be required for
6764 7 each person accepted for training at a law enforcement training
6865 8 school or academy. Cultural diversity awareness study must
6966 9 include an understanding of cultural issues related to race,
7067 10 religion, gender, age, domestic violence, national origin, and
7168 11 physical and mental disabilities.
7269 12 (5) Minimum qualifications for instructors at approved law
7370 13 enforcement training schools.
7471 14 (6) Minimum basic training requirements which law enforcement
7572 15 officers appointed to probationary terms shall complete before
7673 16 being eligible for continued or permanent employment.
7774 17 (7) Minimum basic training requirements which law enforcement
7875 18 officers appointed on other than a permanent basis shall complete
7976 19 in order to be eligible for continued employment or permanent
8077 20 appointment.
8178 21 (8) Minimum basic training requirements which law enforcement
8279 22 officers appointed on a permanent basis shall complete in order
8380 23 to be eligible for continued employment.
8481 24 (9) Minimum basic training requirements for each person
8582 25 accepted for training at a law enforcement training school or
8683 26 academy that include six (6) hours of training in interacting with:
8784 27 (A) persons with autism, mental illness, addictive disorders,
8885 28 intellectual disabilities, and developmental disabilities;
8986 29 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
9087 30 and
9188 31 (C) persons with Alzheimer's disease or related senile
9289 32 dementia;
9390 33 to be provided by persons approved by the secretary of family and
9491 34 social services and the board. The training must include an
9592 35 overview of the crisis intervention teams.
9693 36 (10) Minimum standards for a course of study on human and
9794 37 sexual trafficking that must be required for each person accepted
9895 38 for training at a law enforcement training school or academy and
9996 39 for inservice training programs for law enforcement officers. The
10097 40 course must cover the following topics:
101-41 (A) Examination of the human and sexual trafficking laws
102-42 (IC 35-42-3.5).
98+41 (A) Examination of the human and sexual trafficking laws (IC
99+42 35-42-3.5).
103100 HB 1077—LS 6915/DI 144 3
104101 1 (B) Identification of human and sexual trafficking.
105102 2 (C) Communicating with traumatized persons.
106103 3 (D) Therapeutically appropriate investigative techniques.
107104 4 (E) Collaboration with federal law enforcement officials.
108105 5 (F) Rights of and protections afforded to victims.
109106 6 (G) Providing documentation that satisfies the Declaration of
110107 7 Law Enforcement Officer for Victim of Trafficking in Persons
111108 8 (Form I-914, Supplement B) requirements established under
112109 9 federal law.
113110 10 (H) The availability of community resources to assist human
114111 11 and sexual trafficking victims.
115112 12 (11) Minimum standards for ongoing specialized, intensive, and
116113 13 integrative training for persons responsible for investigating
117114 14 sexual assault cases involving adult victims. This training must
118115 15 include instruction on:
119116 16 (A) the neurobiology of trauma;
120117 17 (B) trauma informed interviewing; and
121118 18 (C) investigative techniques.
122119 19 (12) Minimum standards for de-escalation training. De-escalation
123120 20 training shall be taught as a part of existing use-of-force training
124121 21 and not as a separate topic.
125122 22 (b) A law enforcement officer appointed after July 5, 1972, and
126123 23 before July 1, 1993, may not enforce the laws or ordinances of the state
127124 24 or any political subdivision unless the officer has, within one (1) year
128125 25 from the date of appointment, successfully completed the minimum
129126 26 basic training requirements established under this chapter by the board.
130127 27 If a person fails to successfully complete the basic training
131128 28 requirements within one (1) year from the date of employment, the
132129 29 officer may not perform any of the duties of a law enforcement officer
133130 30 involving control or direction of members of the public or exercising
134131 31 the power of arrest until the officer has successfully completed the
135132 32 training requirements. This subsection does not apply to any law
136133 33 enforcement officer appointed before July 6, 1972, or after June 30,
137134 34 1993.
138135 35 (c) Military leave or other authorized leave of absence from law
139136 36 enforcement duty during the first year of employment after July 6,
140137 37 1972, shall toll the running of the first year, which shall be calculated
141138 38 by the aggregate of the time before and after the leave, for the purposes
142139 39 of this chapter.
143140 40 (d) Except as provided in subsections (e), (m), (t), and (u), a law
144141 41 enforcement officer appointed to a law enforcement department or
145142 42 agency after June 30, 1993, may not:
146143 HB 1077—LS 6915/DI 144 4
147144 1 (1) make an arrest;
148145 2 (2) conduct a search or a seizure of a person or property; or
149146 3 (3) carry a firearm;
150147 4 unless the law enforcement officer successfully completes, at a board
151148 5 certified law enforcement academy or at a law enforcement training
152149 6 center under section 10.5 or 15.2 of this chapter, the basic training
153150 7 requirements established by the board under this chapter.
154151 8 (e) This subsection does not apply to:
155152 9 (1) a gaming agent employed as a law enforcement officer by the
156153 10 Indiana gaming commission; or
157154 11 (2) an:
158155 12 (A) attorney; or
159156 13 (B) investigator;
160157 14 designated by the securities commissioner as a police officer of
161158 15 the state under IC 23-19-6-1(k).
162159 16 Before a law enforcement officer appointed after June 30, 1993,
163160 17 completes the basic training requirements, the law enforcement officer
164161 18 may exercise the police powers described in subsection (d) if the
165162 19 officer successfully completes the pre-basic course established in
166163 20 subsection (f). Successful completion of the pre-basic course authorizes
167164 21 a law enforcement officer to exercise the police powers described in
168165 22 subsection (d) for one (1) year after the date the law enforcement
169166 23 officer is appointed.
170167 24 (f) The board shall adopt rules under IC 4-22-2 to establish a
171168 25 pre-basic course for the purpose of training:
172169 26 (1) law enforcement officers;
173170 27 (2) police reserve officers (as described in IC 36-8-3-20); and
174171 28 (3) conservation reserve officers (as described in IC 14-9-8-27);
175172 29 regarding the subjects of arrest, search and seizure, the lawful use of
176173 30 force, de-escalation training, interacting with individuals with autism,
177174 31 and the operation of an emergency vehicle. The pre-basic course must
178175 32 be offered on a periodic basis throughout the year at regional sites
179176 33 statewide. The pre-basic course must consist of at least forty (40) hours
180177 34 of course work. The board may prepare the classroom part of the
181178 35 pre-basic course using available technology in conjunction with live
182179 36 instruction. The board shall provide the course material, the instructors,
183180 37 and the facilities at the regional sites throughout the state that are used
184181 38 for the pre-basic course. In addition, the board may certify pre-basic
185182 39 courses that may be conducted by other public or private training
186183 40 entities, including postsecondary educational institutions.
187184 41 (g) Subject to subsection (h), the board shall adopt rules under
188185 42 IC 4-22-2 to establish a mandatory inservice training program for
189186 HB 1077—LS 6915/DI 144 5
190187 1 police officers and police reserve officers (as described in
191188 2 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
192189 3 satisfactorily completed basic training and has been appointed to a law
193190 4 enforcement department or agency on either a full-time or part-time
194191 5 basis is not eligible for continued employment unless the officer
195192 6 satisfactorily completes the mandatory inservice training requirements
196193 7 established by rules adopted by the board. Inservice training must
197194 8 include de-escalation training. Inservice training must also include
198195 9 training in interacting with persons with mental illness, addictive
199196 10 disorders, intellectual disabilities, autism, developmental disabilities,
200197 11 and Alzheimer's disease or related senile dementia, to be provided by
201198 12 persons approved by the secretary of family and social services and the
202199 13 board, and training concerning human and sexual trafficking and high
203200 14 risk missing persons (as defined in IC 5-2-17-1). The board may
204201 15 approve courses offered by other public or private training entities,
205202 16 including postsecondary educational institutions, as necessary in order
206203 17 to ensure the availability of an adequate number of inservice training
207204 18 programs. The board may waive an officer's inservice training
208205 19 requirements if the board determines that the officer's reason for
209206 20 lacking the required amount of inservice training hours is due to either
210207 21 an emergency situation or the unavailability of courses.
211208 22 (h) This subsection applies only to a mandatory inservice training
212209 23 program under subsection (g). Notwithstanding subsection (g), the
213210 24 board may, without adopting rules under IC 4-22-2, modify the course
214211 25 work of a training subject matter, modify the number of hours of
215212 26 training required within a particular subject matter, or add a new
216213 27 subject matter, if the board satisfies the following requirements:
217214 28 (1) The board must conduct at least two (2) public meetings on
218215 29 the proposed modification or addition.
219216 30 (2) After approving the modification or addition at a public
220217 31 meeting, the board must post notice of the modification or
221218 32 addition on the Indiana law enforcement academy's Internet web
222219 33 site at least thirty (30) days before the modification or addition
223220 34 takes effect.
224221 35 If the board does not satisfy the requirements of this subsection, the
225222 36 modification or addition is void. This subsection does not authorize the
226223 37 board to eliminate any inservice training subject matter required under
227224 38 subsection (g).
228225 39 (i) The board shall also adopt rules establishing a town marshal
229226 40 basic training program, subject to the following:
230227 41 (1) The program must require fewer hours of instruction and class
231228 42 attendance and fewer courses of study than are required for the
232229 HB 1077—LS 6915/DI 144 6
233230 1 mandated basic training program.
234231 2 (2) Certain parts of the course materials may be studied by a
235232 3 candidate at the candidate's home in order to fulfill requirements
236233 4 of the program.
237234 5 (3) Law enforcement officers successfully completing the
238235 6 requirements of the program are eligible for appointment only in
239236 7 towns employing the town marshal system (IC 36-5-7) and having
240237 8 not more than one (1) marshal and two (2) deputies.
241238 9 (4) The limitation imposed by subdivision (3) does not apply to an
242239 10 officer who has successfully completed the mandated basic
243240 11 training program.
244241 12 (5) The time limitations imposed by subsections (b) and (c) for
245242 13 completing the training are also applicable to the town marshal
246243 14 basic training program.
247244 15 (6) The program must require training in interacting with
248245 16 individuals with autism.
249246 17 (j) The board shall adopt rules under IC 4-22-2 to establish an
250247 18 executive training program. The executive training program must
251248 19 include training in the following areas:
252249 20 (1) Liability.
253250 21 (2) Media relations.
254251 22 (3) Accounting and administration.
255252 23 (4) Discipline.
256253 24 (5) Department policy making.
257254 25 (6) Lawful use of force and de-escalation training.
258255 26 (7) Department programs.
259256 27 (8) Emergency vehicle operation.
260257 28 (9) Cultural diversity.
261258 29 (k) A police chief shall apply for admission to the executive training
262259 30 program within two (2) months of the date the police chief initially
263260 31 takes office. A police chief must successfully complete the executive
264261 32 training program within six (6) months of the date the police chief
265262 33 initially takes office. However, if space in the executive training
266263 34 program is not available at a time that will allow completion of the
267264 35 executive training program within six (6) months of the date the police
268265 36 chief initially takes office, the police chief must successfully complete
269266 37 the next available executive training program that is offered after the
270267 38 police chief initially takes office.
271268 39 (l) A police chief who fails to comply with subsection (k) may not
272269 40 continue to serve as the police chief until completion of the executive
273270 41 training program. For the purposes of this subsection and subsection
274271 42 (k), "police chief" refers to:
275272 HB 1077—LS 6915/DI 144 7
276273 1 (1) the police chief of any city;
277274 2 (2) the police chief of any town having a metropolitan police
278275 3 department; and
279276 4 (3) the chief of a consolidated law enforcement department
280277 5 established under IC 36-3-1-5.1.
281278 6 A town marshal is not considered to be a police chief for these
282279 7 purposes, but a town marshal may enroll in the executive training
283280 8 program.
284281 9 (m) A fire investigator in the department of homeland security
285282 10 appointed after December 31, 1993, is required to comply with the
286283 11 basic training standards established under this chapter.
287284 12 (n) The board shall adopt rules under IC 4-22-2 to establish a
288285 13 program to certify handgun safety courses, including courses offered
289286 14 in the private sector, that meet standards approved by the board for
290287 15 training probation officers in handgun safety as required by
291288 16 IC 11-13-1-3.5(3). IC 11-13-1-3.5(2).
292289 17 (o) The board shall adopt rules under IC 4-22-2 to establish a
293290 18 refresher course for an officer who:
294291 19 (1) is hired by an Indiana law enforcement department or agency
295292 20 as a law enforcement officer;
296293 21 (2) has not been employed as a law enforcement officer for:
297294 22 (A) at least two (2) years; and
298295 23 (B) less than six (6) years before the officer is hired under
299296 24 subdivision (1); and
300297 25 (3) completed at any time a basic training course certified or
301298 26 recognized by the board before the officer is hired under
302299 27 subdivision (1).
303300 28 (p) An officer to whom subsection (o) applies must successfully
304301 29 complete the refresher course described in subsection (o) not later than
305302 30 six (6) months after the officer's date of hire, or the officer loses the
306303 31 officer's powers of:
307304 32 (1) arrest;
308305 33 (2) search; and
309306 34 (3) seizure.
310307 35 (q) The board shall adopt rules under IC 4-22-2 to establish a
311308 36 refresher course for an officer who:
312309 37 (1) is appointed by an Indiana law enforcement department or
313310 38 agency as a reserve police officer; and
314311 39 (2) has not worked as a reserve police officer for at least two (2)
315312 40 years after:
316313 41 (A) completing the pre-basic course; or
317314 42 (B) leaving the individual's last appointment as a reserve
318315 HB 1077—LS 6915/DI 144 8
319316 1 police officer.
320317 2 An officer to whom this subsection applies must successfully complete
321318 3 the refresher course established by the board in order to work as a
322319 4 reserve police officer.
323320 5 (r) This subsection applies to an individual who, at the time the
324321 6 individual completes a board certified or recognized basic training
325322 7 course, has not been appointed as a law enforcement officer by an
326323 8 Indiana law enforcement department or agency. If the individual is not
327324 9 employed as a law enforcement officer for at least two (2) years after
328325 10 completing the basic training course, the individual must successfully
329326 11 retake and complete the basic training course as set forth in subsection
330327 12 (d).
331328 13 (s) The board shall adopt rules under IC 4-22-2 to establish a
332329 14 refresher course for an individual who:
333330 15 (1) is appointed as a board certified instructor of law enforcement
334331 16 training; and
335332 17 (2) has not provided law enforcement training instruction for
336333 18 more than one (1) year after the date the individual's instructor
337334 19 certification expired.
338335 20 An individual to whom this subsection applies must successfully
339336 21 complete the refresher course established by the board in order to
340337 22 renew the individual's instructor certification.
341338 23 (t) This subsection applies only to a gaming agent employed as a
342339 24 law enforcement officer by the Indiana gaming commission. A gaming
343340 25 agent appointed after June 30, 2005, may exercise the police powers
344341 26 described in subsection (d) if:
345342 27 (1) the agent successfully completes the pre-basic course
346343 28 established in subsection (f); and
347344 29 (2) the agent successfully completes any other training courses
348345 30 established by the Indiana gaming commission in conjunction
349346 31 with the board.
350347 32 (u) This subsection applies only to a securities enforcement officer
351348 33 designated as a law enforcement officer by the securities
352349 34 commissioner. A securities enforcement officer may exercise the police
353350 35 powers described in subsection (d) if:
354351 36 (1) the securities enforcement officer successfully completes the
355352 37 pre-basic course established in subsection (f); and
356353 38 (2) the securities enforcement officer successfully completes any
357354 39 other training courses established by the securities commissioner
358355 40 in conjunction with the board.
359356 41 (v) As used in this section, "upper level policymaking position"
360357 42 refers to the following:
361358 HB 1077—LS 6915/DI 144 9
362359 1 (1) If the authorized size of the department or town marshal
363360 2 system is not more than ten (10) members, the term refers to the
364361 3 position held by the police chief or town marshal.
365362 4 (2) If the authorized size of the department or town marshal
366363 5 system is more than ten (10) members but less than fifty-one (51)
367364 6 members, the term refers to:
368365 7 (A) the position held by the police chief or town marshal; and
369366 8 (B) each position held by the members of the police
370367 9 department or town marshal system in the next rank and pay
371368 10 grade immediately below the police chief or town marshal.
372369 11 (3) If the authorized size of the department or town marshal
373370 12 system is more than fifty (50) members, the term refers to:
374371 13 (A) the position held by the police chief or town marshal; and
375372 14 (B) each position held by the members of the police
376373 15 department or town marshal system in the next two (2) ranks
377374 16 and pay grades immediately below the police chief or town
378375 17 marshal.
379376 18 (w) This subsection applies only to a correctional police officer
380377 19 employed by the department of correction. A correctional police officer
381378 20 may exercise the police powers described in subsection (d) if:
382379 21 (1) the officer successfully completes the pre-basic course
383380 22 described in subsection (f); and
384381 23 (2) the officer successfully completes any other training courses
385382 24 established by the department of correction in conjunction with
386383 25 the board.
387384 26 (x) This subsection applies only to the sexual assault training
388385 27 described in subsection (a)(11). The board shall:
389386 28 (1) consult with experts on the neurobiology of trauma, trauma
390387 29 informed interviewing, and investigative techniques in developing
391388 30 the sexual assault training; and
392389 31 (2) develop the sexual assault training and begin offering the
393390 32 training not later than July 1, 2022.
394391 33 (y) After July 1, 2023, a law enforcement officer who regularly
395392 34 investigates sexual assaults involving adult victims must complete the
396393 35 training requirements described in subsection (a)(11) within one (1)
397394 36 year of being assigned to regularly investigate sexual assaults involving
398395 37 adult victims.
399396 38 (z) A law enforcement officer who regularly investigates sexual
400397 39 assaults involving adult victims may complete the training
401398 40 requirements described in subsection (a)(11) by attending a:
402399 41 (1) statewide or national training; or
403400 42 (2) department hosted local training.
404401 HB 1077—LS 6915/DI 144 10
405402 1 (aa) Notwithstanding any other provisions of this section, the board
406403 2 is authorized to establish certain required standards of training and
407404 3 procedure.
408405 4 SECTION 2. IC 11-13-1-3.5, AS AMENDED BY P.L.4-2017,
409406 5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
410407 6 JULY 1, 2022]: Sec. 3.5. A probation officer may not carry a handgun
411408 7 as described in IC 35-47-2-1 in any vehicle or on or about the
412409 8 probation officer's body while acting in the scope of employment as
413410 9 a probation officer unless all of the following conditions are met:
414411 10 (1) The appointing court enters an order authorizing the probation
415412 11 officer to carry the handgun while on duty.
416413 12 (2) The probation officer is issued a license to carry the handgun
417414 13 under IC 35-47-2.
418415 14 (3) (2) The probation officer successfully completes a handgun
419416 15 safety course certified by the law enforcement training board
420417 16 under IC 5-2-1-9(n).
421418 17 SECTION 3. IC 14-16-1-23, AS AMENDED BY P.L.35-2011,
422419 18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
423420 19 JULY 1, 2022]: Sec. 23. (a) An individual shall not operate a vehicle
424421 20 under any of the following conditions:
425422 21 (1) At a rate of speed greater than is reasonable and proper having
426423 22 due regard for existing conditions or in a manner that
427424 23 unnecessarily endangers the person or property of another.
428425 24 (2) While:
429426 25 (A) under the influence of an alcoholic beverage; or
430427 26 (B) unlawfully under the influence of a narcotic or other habit
431428 27 forming or dangerous depressant or stimulant drug.
432429 28 (3) During the hours from thirty (30) minutes after sunset to thirty
433430 29 (30) minutes before sunrise without displaying a lighted headlight
434431 30 and a lighted taillight.
435432 31 (4) In a forest nursery, a planting area, or public land posted or
436433 32 reasonably identified as an area of forest or plant reproduction
437434 33 and when growing stock may be damaged.
438435 34 (5) On the frozen surface of public waters within:
439436 35 (A) one hundred (100) feet of an individual not in or upon a
440437 36 vehicle; or
441438 37 (B) one hundred (100) feet of a fishing shanty or shelter;
442439 38 except at a speed of not more than five (5) miles per hour.
443440 39 (6) Unless the vehicle is equipped with a muffler in good working
444441 40 order and in constant operation to prevent excessive or unusual
445442 41 noise and annoying smoke.
446443 42 (7) Within one hundred (100) feet of a dwelling between midnight
447444 HB 1077—LS 6915/DI 144 11
448445 1 and 6:00 a.m., except on the individual's own property or property
449446 2 under the individual's control or as an invited guest.
450447 3 (8) On any property without the consent of the landowner or
451448 4 tenant.
452449 5 (9) While transporting on or in the vehicle a firearm, unless the
453450 6 firearm is:
454451 7 (A) unloaded; and
455452 8 (B) securely encased or equipped with and made inoperative
456453 9 by a manufactured keylocked trigger housing mechanism.
457454 10 (10) On or across a cemetery or burial ground.
458455 11 (11) Within one hundred (100) feet of a slide, ski, or skating area,
459456 12 except for the purpose of servicing the area.
460457 13 (12) On a railroad track or railroad right-of-way, except railroad
461458 14 personnel in the performance of duties.
462459 15 (13) In or upon a flowing river, stream, or creek, except for the
463460 16 purpose of crossing by the shortest possible route, unless the
464461 17 river, stream, or creek is of sufficient water depth to permit
465462 18 movement by flotation of the vehicle at all times.
466463 19 (14) An individual shall not operate a vehicle while a bow is
467464 20 present in or on the vehicle if the nock of an arrow is in position
468465 21 on the string of the bow.
469466 22 (b) Subsection (a)(9) does not apply to a person who is carrying a
470467 23 firearm:
471468 24 (1) if:
472469 25 (A) the firearm is a handgun; and
473470 26 (B) the person has been issued an unlimited handgun license
474471 27 to carry a handgun under IC 35-47-2; is not otherwise
475472 28 prohibited from possessing a firearm under state or
476473 29 federal law;
477474 30 (2) if:
478475 31 (A) the firearm is a handgun; and
479476 32 (B) the person is not required to possess a license to carry a
480477 33 handgun under IC 35-47-2-2; or
481478 34 (3) (2) if the person carrying the firearm is operating the vehicle
482479 35 on property that the person:
483480 36 (A) owns;
484481 37 (B) has a contractual interest in;
485482 38 (C) otherwise legally possesses; or
486483 39 (D) has permission from a person described in clauses (A)
487484 40 through (C) to possess a firearm on.
488485 41 SECTION 4. IC 31-30-1-4, AS AMENDED BY P.L.28-2016,
489486 42 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
490487 HB 1077—LS 6915/DI 144 12
491488 1 JULY 1, 2022]: Sec. 4. (a) The juvenile court does not have jurisdiction
492489 2 over an individual for an alleged violation of:
493490 3 (1) IC 35-41-5-1(a) (attempted murder);
494491 4 (2) IC 35-42-1-1 (murder);
495492 5 (3) IC 35-42-3-2 (kidnapping);
496493 6 (4) IC 35-42-4-1 (rape);
497494 7 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
498495 8 (6) IC 35-42-5-1 (robbery) if:
499496 9 (A) the robbery was committed while armed with a deadly
500497 10 weapon; or
501498 11 (B) the robbery results in bodily injury or serious bodily
502499 12 injury;
503500 13 (7) IC 35-42-5-2 (carjacking) (before its repeal);
504501 14 (8) IC 35-47-2-1 (carrying a handgun without a license), if
505502 15 charged as a felony; IC 35-47-2-1.5 (unlawful carrying of a
506-16 handgun), if charged as a felony;
507-17 (9) IC 35-47-10 (children and firearms), if charged as a felony; or
508-18 (10) any offense that may be joined under IC 35-34-1-9(a)(2) with
509-19 any crime listed in this subsection;
510-20 if the individual was at least sixteen (16) years of age but less than
511-21 eighteen (18) years of age at the time of the alleged violation.
512-22 (b) Once an individual described in subsection (a) has been charged
513-23 with any offense listed in subsection (a), the court having adult
514-24 criminal jurisdiction shall retain jurisdiction over the case if the
515-25 individual pleads guilty to or is convicted of any offense listed in
516-26 subsection (a)(1) through (a)(9).
517-27 (c) If:
518-28 (1) an individual described in subsection (a) is charged with one
519-29 (1) or more offenses listed in subsection (a);
520-30 (2) all the charges under subsection (a)(1) through (a)(9) resulted
521-31 in an acquittal or were dismissed; and
522-32 (3) the individual pleads guilty to or is convicted of any offense
523-33 other than an offense listed in subsection (a)(1) through (a)(9);
524-34 the court having adult criminal jurisdiction may withhold judgment and
525-35 transfer jurisdiction to the juvenile court for adjudication and
526-36 disposition. In determining whether to transfer jurisdiction to the
527-37 juvenile court for adjudication and disposition, the court having adult
528-38 criminal jurisdiction shall consider whether there are appropriate
529-39 services available in the juvenile justice system, whether the child is
530-40 amenable to rehabilitation under the juvenile justice system, and
531-41 whether it is in the best interests of the safety and welfare of the
532-42 community that the child be transferred to juvenile court. All orders
503+16 handgun) if the violation of IC 35-47-2-1.5 occurred during
504+17 the commission of another crime;
505+18 (9) IC 35-47-10 (children and firearms), if charged as a felony; or
506+19 (10) any offense that may be joined under IC 35-34-1-9(a)(2) with
507+20 any crime listed in this subsection;
508+21 if the individual was at least sixteen (16) years of age but less than
509+22 eighteen (18) years of age at the time of the alleged violation.
510+23 (b) Once an individual described in subsection (a) has been charged
511+24 with any offense listed in subsection (a), the court having adult
512+25 criminal jurisdiction shall retain jurisdiction over the case if the
513+26 individual pleads guilty to or is convicted of any offense listed in
514+27 subsection (a)(1) through (a)(9).
515+28 (c) If:
516+29 (1) an individual described in subsection (a) is charged with one
517+30 (1) or more offenses listed in subsection (a);
518+31 (2) all the charges under subsection (a)(1) through (a)(9) resulted
519+32 in an acquittal or were dismissed; and
520+33 (3) the individual pleads guilty to or is convicted of any offense
521+34 other than an offense listed in subsection (a)(1) through (a)(9);
522+35 the court having adult criminal jurisdiction may withhold judgment and
523+36 transfer jurisdiction to the juvenile court for adjudication and
524+37 disposition. In determining whether to transfer jurisdiction to the
525+38 juvenile court for adjudication and disposition, the court having adult
526+39 criminal jurisdiction shall consider whether there are appropriate
527+40 services available in the juvenile justice system, whether the child is
528+41 amenable to rehabilitation under the juvenile justice system, and
529+42 whether it is in the best interests of the safety and welfare of the
533530 HB 1077—LS 6915/DI 144 13
534-1 concerning release conditions remain in effect until a juvenile court
535-2 detention hearing, which must be held not later than forty-eight (48)
536-3 hours, excluding Saturdays, Sundays, and legal holidays, after the order
537-4 of transfer of jurisdiction.
538-5 SECTION 5. IC 35-31.5-2-78, AS AMENDED BY P.L.40-2019,
539-6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
540-7 JULY 1, 2022]: Sec. 78. "Crime of domestic violence", for purposes of
541-8 IC 5-2-6.1, IC 35-38-9, IC 35-47-2-1.5, and IC 35-47-4-7, means an
542-9 offense or the attempt to commit an offense that:
543-10 (1) has as an element the:
544-11 (A) use of physical force; or
545-12 (B) threatened use of a deadly weapon; and
546-13 (2) is committed against a family or household member, as
547-14 defined in section 128 of this chapter.
548-15 SECTION 6. IC 35-33-1-1, AS AMENDED BY P.L.65-2016,
549-16 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
550-17 JULY 1, 2022]: Sec. 1. (a) A law enforcement officer may arrest a
551-18 person when the officer has:
552-19 (1) a warrant commanding that the person be arrested;
553-20 (2) probable cause to believe the person has committed or
554-21 attempted to commit, or is committing or attempting to commit,
555-22 a felony;
556-23 (3) probable cause to believe the person has violated the
557-24 provisions of IC 9-26-1-1.1 or IC 9-30-5;
558-25 (4) probable cause to believe the person is committing or
559-26 attempting to commit a misdemeanor in the officer's presence;
560-27 (5) probable cause to believe the person has committed a:
561-28 (A) battery resulting in bodily injury under IC 35-42-2-1; or
562-29 (B) domestic battery under IC 35-42-2-1.3.
563-30 The officer may use an affidavit executed by an individual alleged
564-31 to have direct knowledge of the incident alleging the elements of
565-32 the offense of battery to establish probable cause;
566-33 (6) probable cause to believe that the person violated
567-34 IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
568-35 (7) probable cause to believe that the person violated
569-36 IC 35-47-2-1 (carrying a handgun without a license)
570-37 IC 35-47-2-1.5 (unlawful carrying of a handgun) or
571-38 IC 35-47-2-22 (counterfeit handgun license);
572-39 (8) probable cause to believe that the person is violating or has
573-40 violated an order issued under IC 35-50-7;
574-41 (9) probable cause to believe that the person is violating or has
575-42 violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
531+1 community that the child be transferred to juvenile court. All orders
532+2 concerning release conditions remain in effect until a juvenile court
533+3 detention hearing, which must be held not later than forty-eight (48)
534+4 hours, excluding Saturdays, Sundays, and legal holidays, after the order
535+5 of transfer of jurisdiction.
536+6 SECTION 5. IC 35-31.5-2-78, AS AMENDED BY P.L.40-2019,
537+7 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
538+8 JULY 1, 2022]: Sec. 78. "Crime of domestic violence", for purposes of
539+9 IC 5-2-6.1, IC 35-38-9, IC 35-47-2-1.5, and IC 35-47-4-7, means an
540+10 offense or the attempt to commit an offense that:
541+11 (1) has as an element the:
542+12 (A) use of physical force; or
543+13 (B) threatened use of a deadly weapon; and
544+14 (2) is committed against a family or household member, as
545+15 defined in section 128 of this chapter.
546+16 SECTION 6. IC 35-33-1-1, AS AMENDED BY P.L.65-2016,
547+17 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
548+18 JULY 1, 2022]: Sec. 1. (a) A law enforcement officer may arrest a
549+19 person when the officer has:
550+20 (1) a warrant commanding that the person be arrested;
551+21 (2) probable cause to believe the person has committed or
552+22 attempted to commit, or is committing or attempting to commit,
553+23 a felony;
554+24 (3) probable cause to believe the person has violated the
555+25 provisions of IC 9-26-1-1.1 or IC 9-30-5;
556+26 (4) probable cause to believe the person is committing or
557+27 attempting to commit a misdemeanor in the officer's presence;
558+28 (5) probable cause to believe the person has committed a:
559+29 (A) battery resulting in bodily injury under IC 35-42-2-1; or
560+30 (B) domestic battery under IC 35-42-2-1.3.
561+31 The officer may use an affidavit executed by an individual alleged
562+32 to have direct knowledge of the incident alleging the elements of
563+33 the offense of battery to establish probable cause;
564+34 (6) probable cause to believe that the person violated
565+35 IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
566+36 (7) probable cause to believe that the person violated
567+37 IC 35-47-2-1 (carrying a handgun without a license)
568+38 IC 35-47-2-1.5 (unlawful carrying of a handgun) or
569+39 IC 35-47-2-22 (counterfeit handgun license);
570+40 (8) probable cause to believe that the person is violating or has
571+41 violated an order issued under IC 35-50-7;
572+42 (9) probable cause to believe that the person is violating or has
576573 HB 1077—LS 6915/DI 144 14
577-1 device);
578-2 (10) probable cause to believe that the person is:
579-3 (A) violating or has violated IC 35-45-2-5 (interference with
580-4 the reporting of a crime); and
581-5 (B) interfering with or preventing the reporting of a crime
582-6 involving domestic or family violence (as defined in
583-7 IC 34-6-2-34.5);
584-8 (11) probable cause to believe that the person has committed theft
585-9 (IC 35-43-4-2);
586-10 (12) a removal order issued for the person by an immigration
587-11 court;
588-12 (13) a detainer or notice of action for the person issued by the
589-13 United States Department of Homeland Security; or
590-14 (14) probable cause to believe that the person has been indicted
591-15 for or convicted of one (1) or more aggravated felonies (as
592-16 defined in 8 U.S.C. 1101(a)(43)).
593-17 (b) A person who:
594-18 (1) is employed full time as a federal enforcement officer;
595-19 (2) is empowered to effect an arrest with or without warrant for a
596-20 violation of the United States Code; and
597-21 (3) is authorized to carry firearms in the performance of the
598-22 person's duties;
599-23 may act as an officer for the arrest of offenders against the laws of this
600-24 state where the person reasonably believes that a felony has been or is
601-25 about to be committed or attempted in the person's presence.
602-26 SECTION 7. IC 35-43-4-2, AS AMENDED BY P.L.70-2021,
603-27 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
604-28 JULY 1, 2022]: Sec. 2. (a) A person who knowingly or intentionally
605-29 exerts unauthorized control over property of another person, with intent
606-30 to deprive the other person of any part of its value or use, commits
607-31 theft, a Class A misdemeanor. However, the offense is:
608-32 (1) a Level 6 felony if:
609-33 (A) the value of the property is at least seven hundred fifty
610-34 dollars ($750) and less than fifty thousand dollars ($50,000);
611-35 (B) the property is a:
612-36 (i) firearm;
613-37 (ii) (i) motor vehicle (as defined in IC 9-13-2-105(a)); or
614-38 (iii) (ii) component part (as defined in IC 9-13-2-34) of a
615-39 motor vehicle; or
616-40 (C) the person has a prior unrelated conviction for:
617-41 (i) theft under this section;
618-42 (ii) criminal conversion under section 3 of this chapter;
574+1 violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
575+2 device);
576+3 (10) probable cause to believe that the person is:
577+4 (A) violating or has violated IC 35-45-2-5 (interference with
578+5 the reporting of a crime); and
579+6 (B) interfering with or preventing the reporting of a crime
580+7 involving domestic or family violence (as defined in
581+8 IC 34-6-2-34.5);
582+9 (11) probable cause to believe that the person has committed theft
583+10 (IC 35-43-4-2);
584+11 (12) a removal order issued for the person by an immigration
585+12 court;
586+13 (13) a detainer or notice of action for the person issued by the
587+14 United States Department of Homeland Security; or
588+15 (14) probable cause to believe that the person has been indicted
589+16 for or convicted of one (1) or more aggravated felonies (as
590+17 defined in 8 U.S.C. 1101(a)(43)).
591+18 (b) A person who:
592+19 (1) is employed full time as a federal enforcement officer;
593+20 (2) is empowered to effect an arrest with or without warrant for a
594+21 violation of the United States Code; and
595+22 (3) is authorized to carry firearms in the performance of the
596+23 person's duties;
597+24 may act as an officer for the arrest of offenders against the laws of this
598+25 state where the person reasonably believes that a felony has been or is
599+26 about to be committed or attempted in the person's presence.
600+27 SECTION 7. IC 35-43-4-2, AS AMENDED BY P.L.70-2021,
601+28 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
602+29 JULY 1, 2022]: Sec. 2. (a) A person who knowingly or intentionally
603+30 exerts unauthorized control over property of another person, with intent
604+31 to deprive the other person of any part of its value or use, commits
605+32 theft, a Class A misdemeanor. However, the offense is:
606+33 (1) a Level 6 felony if:
607+34 (A) the value of the property is at least seven hundred fifty
608+35 dollars ($750) and less than fifty thousand dollars ($50,000);
609+36 (B) the property is a:
610+37 (i) firearm;
611+38 (ii) (i) motor vehicle (as defined in IC 9-13-2-105(a)); or
612+39 (iii) (ii) component part (as defined in IC 9-13-2-34) of a
613+40 motor vehicle; or
614+41 (C) the person has a prior unrelated conviction for:
615+42 (i) theft under this section;
619616 HB 1077—LS 6915/DI 144 15
620-1 (iii) robbery under IC 35-42-5-1; or
621-2 (iv) burglary under IC 35-43-2-1; and
622-3 (2) a Level 5 felony if:
623-4 (A) the value of the property is at least fifty thousand dollars
624-5 ($50,000);
625-6 (B) the property that is the subject of the theft is a valuable
626-7 metal (as defined in IC 25-37.5-1-1) and:
627-8 (i) relates to transportation safety;
628-9 (ii) relates to public safety; or
629-10 (iii) is taken from a hospital or other health care facility,
630-11 telecommunications provider, public utility (as defined in
631-12 IC 32-24-1-5.9(a)), or critical infrastructure facility;
632-13 and the absence of the property creates a substantial risk of
633-14 bodily injury to a person; or
634-15 (C) the property is a:
635-16 (i) motor vehicle (as defined in IC 9-13-2-105(a)); or
636-17 (ii) component part (as defined in IC 9-13-2-34) of a motor
637-18 vehicle; and
638-19 the person has a prior unrelated conviction for theft of a motor
639-20 vehicle (as defined in IC 9-13-2-105(a)) or theft of a
640-21 component part (as defined in IC 9-13-2-34); and
641-22 (3) a Level 5 felony if the property is a firearm.
642-23 (b) For purposes of this section, "the value of property" means:
643-24 (1) the fair market value of the property at the time and place the
644-25 offense was committed; or
645-26 (2) if the fair market value of the property cannot be satisfactorily
646-27 determined, the cost to replace the property within a reasonable
647-28 time after the offense was committed.
648-29 A price tag or price marking on property displayed or offered for sale
649-30 constitutes prima facie evidence of the value of the property.
650-31 (c) If the offense described in subsection (a) is committed by a
651-32 public servant who exerted unauthorized control over public funds (as
652-33 defined by IC 5-22-2-23) from the public servant's employer, the
653-34 employer may be reimbursed in accordance with IC 2-3.5-4-11,
654-35 IC 2-3.5-5-9, IC 5-10-5.5-19, IC 5-10.3-8-9, IC 5-10.4-5-14,
655-36 IC 10-12-2-10, IC 33-38-6-19.5, IC 33-39-7-10.5, IC 36-8-6-14,
656-37 IC 36-8-7-22, IC 36-8-7.5-19, or IC 36-8-8-17.
657-38 SECTION 8. IC 35-47-2-1, AS AMENDED BY P.L.221-2017,
658-39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
659-40 JULY 1, 2022]: Sec. 1. (a) Except as provided in subsections (b) and
660-41 (c) and sections 2 through 2.1 of this chapter, a person shall not carry
661-42 a handgun in any vehicle or on or about the person's body without
617+1 (ii) criminal conversion under section 3 of this chapter;
618+2 (iii) robbery under IC 35-42-5-1; or
619+3 (iv) burglary under IC 35-43-2-1; and
620+4 (2) a Level 5 felony if:
621+5 (A) the value of the property is at least fifty thousand dollars
622+6 ($50,000);
623+7 (B) the property that is the subject of the theft is a valuable
624+8 metal (as defined in IC 25-37.5-1-1) and:
625+9 (i) relates to transportation safety;
626+10 (ii) relates to public safety; or
627+11 (iii) is taken from a hospital or other health care facility,
628+12 telecommunications provider, public utility (as defined in
629+13 IC 32-24-1-5.9(a)), or critical infrastructure facility;
630+14 and the absence of the property creates a substantial risk of
631+15 bodily injury to a person; or
632+16 (C) the property is a:
633+17 (i) motor vehicle (as defined in IC 9-13-2-105(a)); or
634+18 (ii) component part (as defined in IC 9-13-2-34) of a motor
635+19 vehicle; and
636+20 the person has a prior unrelated conviction for theft of a motor
637+21 vehicle (as defined in IC 9-13-2-105(a)) or theft of a
638+22 component part (as defined in IC 9-13-2-34); and
639+23 (3) a Level 5 felony if the property is a firearm.
640+24 (b) For purposes of this section, "the value of property" means:
641+25 (1) the fair market value of the property at the time and place the
642+26 offense was committed; or
643+27 (2) if the fair market value of the property cannot be satisfactorily
644+28 determined, the cost to replace the property within a reasonable
645+29 time after the offense was committed.
646+30 A price tag or price marking on property displayed or offered for sale
647+31 constitutes prima facie evidence of the value of the property.
648+32 (c) If the offense described in subsection (a) is committed by a
649+33 public servant who exerted unauthorized control over public funds (as
650+34 defined by IC 5-22-2-23) from the public servant's employer, the
651+35 employer may be reimbursed in accordance with IC 2-3.5-4-11,
652+36 IC 2-3.5-5-9, IC 5-10-5.5-19, IC 5-10.3-8-9, IC 5-10.4-5-14,
653+37 IC 10-12-2-10, IC 33-38-6-19.5, IC 33-39-7-10.5, IC 36-8-6-14,
654+38 IC 36-8-7-22, IC 36-8-7.5-19, or IC 36-8-8-17.
655+39 SECTION 8. IC 35-47-2-1, AS AMENDED BY P.L.221-2017,
656+40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
657+41 JULY 1, 2022]: Sec. 1. (a) Except as provided in subsections (b) and
658+42 (c) and sections 2 through 2.1 of this chapter, a person shall not carry
662659 HB 1077—LS 6915/DI 144 16
663-1 being licensed under this chapter to carry a handgun. A person who
664-2 meets the following requirements may carry a handgun in the
665-3 manner described in subsection (b):
666-4 (1) The person is not prohibited from possessing or carrying
667-5 a handgun under federal law as in effect on January 1, 2022.
668-6 (2) Notwithstanding section 1.5 of this chapter, the person is
669-7 not otherwise prohibited under state law from possessing or
670-8 carrying a handgun.
671-9 (3) The person does not meet the requirements under
672-10 IC 35-47-2-3 to receive a license to carry a handgun in
673-11 Indiana.
674-12 (b) Except as provided in subsection (c), A person may carry a
675-13 handgun without being licensed under this chapter to carry a handgun
676-14 if:
677-15 (1) the person carries the handgun on or about the person's body
678-16 in or on property that is owned, leased, rented, or otherwise
679-17 legally controlled by the person;
680-18 (2) the person carries the handgun on or about the person's body
681-19 while lawfully present in or on property that is owned, leased,
682-20 rented, or otherwise legally controlled by another person, if the
683-21 person:
684-22 (A) has the consent of the owner, renter, lessor, or person who
685-23 legally controls the property to have the handgun on the
686-24 premises;
687-25 (B) is attending a firearms related event on the property,
688-26 including a gun show, firearms expo, gun owner's club or
689-27 convention, hunting club, shooting club, or training course; or
690-28 (C) is on the property to receive firearms related services,
691-29 including the repair, maintenance, or modification of a
692-30 firearm;
693-31 (3) the person carries the handgun in a vehicle that is owned,
694-32 leased, rented, or otherwise legally controlled by the person, if the
695-33 handgun is:
696-34 (A) unloaded;
697-35 (B) not readily accessible; and
698-36 (C) secured in a case;
699-37 (4) the person carries the handgun while lawfully present in a
700-38 vehicle that is owned, leased, rented, or otherwise legally
701-39 controlled by another person, if the handgun is:
702-40 (A) unloaded;
703-41 (B) not readily accessible; and
704-42 (C) secured in a case; or
660+1 a handgun in any vehicle or on or about the person's body without
661+2 being licensed under this chapter to carry a handgun. A person who
662+3 meets the following requirements may carry a handgun in the
663+4 manner described in subsection (b):
664+5 (1) The person is not prohibited from possessing or carrying
665+6 a handgun under federal law as in effect on January 1, 2022.
666+7 (2) Notwithstanding section 1.5 of this chapter, the person is
667+8 not otherwise prohibited under state law from possessing or
668+9 carrying a handgun.
669+10 (3) The person does not meet the requirements under
670+11 IC 35-47-2-3 to receive a license to carry a handgun in
671+12 Indiana.
672+13 (b) Except as provided in subsection (c), A person may carry a
673+14 handgun without being licensed under this chapter to carry a handgun
674+15 if:
675+16 (1) the person carries the handgun on or about the person's body
676+17 in or on property that is owned, leased, rented, or otherwise
677+18 legally controlled by the person;
678+19 (2) the person carries the handgun on or about the person's body
679+20 while lawfully present in or on property that is owned, leased,
680+21 rented, or otherwise legally controlled by another person, if the
681+22 person:
682+23 (A) has the consent of the owner, renter, lessor, or person who
683+24 legally controls the property to have the handgun on the
684+25 premises;
685+26 (B) is attending a firearms related event on the property,
686+27 including a gun show, firearms expo, gun owner's club or
687+28 convention, hunting club, shooting club, or training course; or
688+29 (C) is on the property to receive firearms related services,
689+30 including the repair, maintenance, or modification of a
690+31 firearm;
691+32 (3) the person carries the handgun in a vehicle that is owned,
692+33 leased, rented, or otherwise legally controlled by the person, if the
693+34 handgun is:
694+35 (A) unloaded;
695+36 (B) not readily accessible; and
696+37 (C) secured in a case;
697+38 (4) the person carries the handgun while lawfully present in a
698+39 vehicle that is owned, leased, rented, or otherwise legally
699+40 controlled by another person, if the handgun is:
700+41 (A) unloaded;
701+42 (B) not readily accessible; and
705702 HB 1077—LS 6915/DI 144 17
706-1 (5) the person carries the handgun:
707-2 (A) at a shooting range (as defined in IC 14-22-31.5-3);
708-3 (B) while attending a firearms instructional course; or
709-4 (C) while engaged in a legal hunting activity. or
710-5 (6) the person is permitted to carry a handgun without a license
711-6 under section 2.1 of this chapter (persons protected by a
712-7 protection order).
713-8 (c) Unless the person's right to possess a firearm has been restored
714-9 under IC 35-47-4-7, a person who has been convicted of domestic
715-10 battery under IC 35-42-2-1.3 may not possess or carry a handgun.
716-11 (d) (c) This section chapter may not be construed:
717-12 (1) to prohibit a person who owns, leases, rents, or otherwise
718-13 legally controls private property from regulating or prohibiting the
719-14 possession of firearms on the private property;
720-15 (2) to allow a person to adopt or enforce an ordinance, resolution,
721-16 policy, or rule that:
722-17 (A) prohibits; or
723-18 (B) has the effect of prohibiting;
724-19 an employee of the person from possessing a firearm or
725-20 ammunition that is locked in the trunk of the employee's vehicle,
726-21 kept in the glove compartment of the employee's locked vehicle,
727-22 or stored out of plain sight in the employee's locked vehicle,
728-23 unless the person's adoption or enforcement of the ordinance,
729-24 resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
730-25 (3) to allow a person to adopt or enforce a law, statute, ordinance,
731-26 resolution, policy, or rule that allows a person to possess or
732-27 transport a firearm or ammunition if the person is prohibited from
733-28 possessing or transporting the firearm or ammunition by state or
734-29 federal law.
735-30 (d) Nothing in this chapter may be construed to affect the status
736-31 or validity of a five (5) year or lifetime license to carry a handgun
737-32 issued by the superintendent before July 1, 2022. Any license
738-33 described under this subsection shall remain valid for the duration
739-34 of the license or the lifetime of the licensee, as applicable.
740-35 (e) A person who knowingly or intentionally violates this section
741-36 commits a Class A misdemeanor. However, the offense is a Level 5
742-37 felony:
743-38 (1) if the offense is committed:
744-39 (A) on or in school property;
745-40 (B) within five hundred (500) feet of school property; or
746-41 (C) on a school bus; or
747-42 (2) if the person:
703+1 (C) secured in a case; or
704+2 (5) the person carries the handgun:
705+3 (A) at a shooting range (as defined in IC 14-22-31.5-3);
706+4 (B) while attending a firearms instructional course; or
707+5 (C) while engaged in a legal hunting activity. or
708+6 (6) the person is permitted to carry a handgun without a license
709+7 under section 2.1 of this chapter (persons protected by a
710+8 protection order).
711+9 (c) Unless the person's right to possess a firearm has been restored
712+10 under IC 35-47-4-7, a person who has been convicted of domestic
713+11 battery under IC 35-42-2-1.3 may not possess or carry a handgun.
714+12 (d) (c) This section chapter may not be construed:
715+13 (1) to prohibit a person who owns, leases, rents, or otherwise
716+14 legally controls private property from regulating or prohibiting the
717+15 possession of firearms on the private property;
718+16 (2) to allow a person to adopt or enforce an ordinance, resolution,
719+17 policy, or rule that:
720+18 (A) prohibits; or
721+19 (B) has the effect of prohibiting;
722+20 an employee of the person from possessing a firearm or
723+21 ammunition that is locked in the trunk of the employee's vehicle,
724+22 kept in the glove compartment of the employee's locked vehicle,
725+23 or stored out of plain sight in the employee's locked vehicle,
726+24 unless the person's adoption or enforcement of the ordinance,
727+25 resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
728+26 (3) to allow a person to adopt or enforce a law, statute, ordinance,
729+27 resolution, policy, or rule that allows a person to possess or
730+28 transport a firearm or ammunition if the person is prohibited from
731+29 possessing or transporting the firearm or ammunition by state or
732+30 federal law.
733+31 (d) Nothing in this chapter may be construed to affect the status
734+32 or validity of a five (5) year or lifetime license to carry a handgun
735+33 issued by the superintendent before July 1, 2022. Any license
736+34 described under this subsection shall remain valid for the duration
737+35 of the license or the lifetime of the licensee, as applicable.
738+36 (e) A person who knowingly or intentionally violates this section
739+37 commits a Class A misdemeanor. However, the offense is a Level 5
740+38 felony:
741+39 (1) if the offense is committed:
742+40 (A) on or in school property;
743+41 (B) within five hundred (500) feet of school property; or
744+42 (C) on a school bus; or
748745 HB 1077—LS 6915/DI 144 18
749-1 (A) has a prior conviction of any offense under:
750-2 (i) this section; or
751-3 (ii) section 22 of this chapter; or
752-4 (B) has been convicted of a felony within fifteen (15) years
753-5 before the date of the offense.
754-6 SECTION 9. IC 35-47-2-1.5 IS ADDED TO THE INDIANA CODE
755-7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
756-8 1, 2022]: Sec. 1.5. (a) The following terms are defined for this
757-9 section:
758-10 (1) "Adjudicated a mental defective" means a determination
759-11 by a court that a person:
760-12 (A) presents a danger to the person or to others; or
761-13 (B) lacks the mental capacity necessary to contract or
762-14 manage the person's affairs.
763-15 The term includes a finding of insanity by a court in a
764-16 criminal proceeding.
765-17 (2) "Alien" means any person who is not lawfully in the
766-18 United States. The term includes:
767-19 (A) any person who has:
768-20 (i) entered the United States without inspection and
769-21 authorization by an immigration officer; and
770-22 (ii) not been paroled into the United States under the
771-23 federal Immigration and Nationality Act;
772-24 (B) a nonimmigrant:
773-25 (i) whose authorized period of stay has expired; or
774-26 (ii) who has violated the terms of the nonimmigrant
775-27 category under which the person was admitted;
776-28 (C) a person paroled under the federal Immigration and
777-29 Nationality Act whose period of parole has:
778-30 (i) expired; or
779-31 (ii) been terminated; and
780-32 (D) a person subject to an order:
781-33 (i) of deportation, exclusion, or removal; or
782-34 (ii) to depart the United States voluntarily;
783-35 regardless of whether or not the person has left the United
784-36 States.
785-37 (3) "Committed to a mental institution" means the formal
786-38 commitment of a person to a mental institution by a court.
787-39 The term includes:
788-40 (A) a commitment for:
789-41 (i) a cognitive or mental defect; or
790-42 (ii) a mental illness; and
746+1 (2) if the person:
747+2 (A) has a prior conviction of any offense under:
748+3 (i) this section; or
749+4 (ii) section 22 of this chapter; or
750+5 (B) has been convicted of a felony within fifteen (15) years
751+6 before the date of the offense.
752+7 SECTION 9. IC 35-47-2-1.5 IS ADDED TO THE INDIANA CODE
753+8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
754+9 1, 2022]: Sec. 1.5. (a) The following terms are defined for this
755+10 section:
756+11 (1) "Adjudicated a mental defective" means a determination
757+12 by a court that a person:
758+13 (A) presents a danger to the person or to others; or
759+14 (B) lacks the mental capacity necessary to contract or
760+15 manage the person's affairs.
761+16 The term includes a finding of insanity by a court in a
762+17 criminal proceeding.
763+18 (2) "Alien" means any person who is not lawfully in the
764+19 United States. The term includes:
765+20 (A) any person who has:
766+21 (i) entered the United States without inspection and
767+22 authorization by an immigration officer; and
768+23 (ii) not been paroled into the United States under the
769+24 federal Immigration and Nationality Act;
770+25 (B) a nonimmigrant:
771+26 (i) whose authorized period of stay has expired; or
772+27 (ii) who has violated the terms of the nonimmigrant
773+28 category under which the person was admitted;
774+29 (C) a person paroled under the federal Immigration and
775+30 Nationality Act whose period of parole has:
776+31 (i) expired; or
777+32 (ii) been terminated; and
778+33 (D) a person subject to an order:
779+34 (i) of deportation, exclusion, or removal; or
780+35 (ii) to depart the United States voluntarily;
781+36 regardless of whether or not the person has left the United
782+37 States.
783+38 (3) "Committed to a mental institution" means the formal
784+39 commitment of a person to a mental institution by a court.
785+40 The term includes:
786+41 (A) a commitment for:
787+42 (i) a cognitive or mental defect; or
791788 HB 1077—LS 6915/DI 144 19
792-1 (B) involuntary commitments.
793-2 The term does not include voluntary commitments or a
794-3 commitment made for observational purposes.
795-4 (4) "Crime of domestic violence" has the meaning set forth in
796-5 IC 35-31.5-2-78.
797-6 (5) "Dangerous" has the meaning set forth in IC 35-47-14-1.
798-7 (6) "Fugitive from justice" means any person who:
799-8 (A) flees or leaves from any state to avoid prosecution for
800-9 a felony or misdemeanor offense; or
801-10 (B) flees or leaves any state to avoid testifying in a criminal
802-11 proceeding.
803-12 (7) "Indictment" means any formal accusation of a crime
804-13 made by a prosecuting attorney in any court for a crime
805-14 punishable by a term of imprisonment exceeding one (1) year.
806-15 (8) A crime or offense "punishable by a term of imprisonment
807-16 exceeding one (1) year" does not include a federal or state
808-17 crime or offense pertaining to antitrust violations, unfair
809-18 trade practices, restraints of trade, or other similar offenses
810-19 relating to the regulation of business practices.
811-20 (b) Except as provided in subsections (c) and (d), the following
812-21 persons may not knowingly or intentionally carry a handgun:
813-22 (1) A person convicted of a federal or state offense punishable
814-23 by a term of imprisonment exceeding one (1) year.
815-24 (2) A fugitive from justice.
816-25 (3) An alien.
817-26 (4) A person convicted of:
818-27 (A) a crime of domestic violence (IC 35-31.5-2-78);
819-28 (B) domestic battery (IC 35-42-2-1.3); or
820-29 (C) criminal stalking (IC 35-45-10-5).
821-30 (5) A person restrained by an order of protection issued under
822-31 IC 34-26-5.
823-32 (6) A person under indictment.
824-33 (7) A person who has been:
825-34 (A) adjudicated dangerous under IC 35-47-14-6;
826-35 (B) adjudicated a mental defective; or
827-36 (C) committed to a mental institution.
828-37 (8) A person dishonorably discharged from:
829-38 (A) military service; or
830-39 (B) the National Guard.
831-40 (9) A person who renounces the person's United States
832-41 citizenship in the manner described in 8 U.S.C. 1481.
833-42 (10) A person who is less than:
789+1 (ii) a mental illness; and
790+2 (B) involuntary commitments.
791+3 The term does not include voluntary commitments or a
792+4 commitment made for observational purposes.
793+5 (4) "Crime of domestic violence" has the meaning set forth in
794+6 IC 35-31.5-2-78.
795+7 (5) "Dangerous" has the meaning set forth in IC 35-47-14-1.
796+8 (6) "Fugitive from justice" means any person who:
797+9 (A) flees or leaves from any state to avoid prosecution for
798+10 a felony or misdemeanor offense; or
799+11 (B) flees or leaves any state to avoid testifying in a criminal
800+12 proceeding.
801+13 (7) "Indictment" means any formal accusation of a crime
802+14 made by a prosecuting attorney in any court for a crime
803+15 punishable by a term of imprisonment exceeding one (1) year.
804+16 (8) A crime or offense "punishable by a term of imprisonment
805+17 exceeding one (1) year" does not include a federal or state
806+18 crime or offense pertaining to antitrust violations, unfair
807+19 trade practices, restraints of trade, or other similar offenses
808+20 relating to the regulation of business practices.
809+21 (b) Except as provided in subsections (c) and (d), the following
810+22 persons may not knowingly or intentionally carry a handgun:
811+23 (1) A person convicted of a federal or state offense punishable
812+24 by a term of imprisonment exceeding one (1) year.
813+25 (2) A fugitive from justice.
814+26 (3) An alien.
815+27 (4) A person convicted of:
816+28 (A) a crime of domestic violence (IC 35-31.5-2-78);
817+29 (B) domestic battery (IC 35-42-2-1.3); or
818+30 (C) criminal stalking (IC 35-45-10-5).
819+31 (5) A person restrained by an order of protection issued under
820+32 IC 34-26-5.
821+33 (6) A person under indictment.
822+34 (7) A person who has been:
823+35 (A) adjudicated dangerous under IC 35-47-14-6;
824+36 (B) adjudicated a mental defective; or
825+37 (C) committed to a mental institution.
826+38 (8) A person dishonorably discharged from:
827+39 (A) military service; or
828+40 (B) the National Guard.
829+41 (9) A person who renounces the person's United States
830+42 citizenship in the manner described in 8 U.S.C. 1481.
834831 HB 1077—LS 6915/DI 144 20
835-1 (A) eighteen (18) years of age; or
836-2 (B) twenty-three (23) years of age and has an adjudication
837-3 as a delinquent child for an act described by IC 35-47-4-5;
838-4 unless authorized under IC 35-47-10.
839-5 (c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person
840-6 if a court has restored the person's right to possess a firearm under
841-7 IC 35-47-4-7.
842-8 (d) A person who has:
843-9 (1) been adjudicated dangerous under IC 35-47-14-6; and
844-10 (2) successfully petitioned for the return of a firearm under
845-11 IC 35-47-14-8 with respect to the adjudication under
846-12 subdivision (1);
847-13 is not prohibited from carrying a handgun under subsection (b) on
848-14 the basis that the person was adjudicated dangerous under
849-15 subdivision (1). However, the person may still be prohibited from
850-16 carrying a handgun on one (1) or more of the other grounds listed
851-17 in subsection (b).
852-18 (e) A person who violates this section commits unlawful
853-19 carrying of a handgun, a Class A misdemeanor. However, the
854-20 offense is a Level 5 felony if:
855-21 (1) the person:
856-22 (A) is less than twenty-three (23) years of age; and
857-23 (B) has an adjudication as a delinquent child for an act
858-24 described by IC 35-47-4-5; or
859-25 (2) the person violates this section:
860-26 (A) on or in school property;
861-27 (B) within five hundred (500) feet of school property; or
862-28 (C) on a school bus.
863-29 SECTION 10. IC 35-47-2-2 IS REPEALED [EFFECTIVE JULY 1,
864-30 2022]. Sec. 2. Section 1 of this chapter does not apply to:
865-31 (1) marshals;
866-32 (2) sheriffs;
867-33 (3) the commissioner of the department of correction or persons
868-34 authorized by the commissioner in writing to carry firearms;
869-35 (4) judicial officers;
870-36 (5) law enforcement officers;
871-37 (6) members of the armed forces of the United States or of the
872-38 national guard or organized reserves while they are on duty;
873-39 (7) regularly enrolled members of any organization duly
874-40 authorized to purchase or receive such weapons from the United
875-41 States or from this state who are at or are going to or from their
876-42 place of assembly or target practice;
832+1 (10) A person who is less than:
833+2 (A) eighteen (18) years of age; or
834+3 (B) twenty-three (23) years of age and has an adjudication
835+4 as a delinquent child for an act described by IC 35-47-4-5;
836+5 unless authorized under IC 35-47-10.
837+6 (c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person
838+7 if a court has restored the person's right to possess a firearm under
839+8 IC 35-47-4-7.
840+9 (d) A person who has:
841+10 (1) been adjudicated dangerous under IC 35-47-14-6; and
842+11 (2) successfully petitioned for the return of a firearm under
843+12 IC 35-47-14-8 with respect to the adjudication under
844+13 subdivision (1);
845+14 is not prohibited from carrying a handgun under subsection (b) on
846+15 the basis that the person was adjudicated dangerous under
847+16 subdivision (1). However, the person may still be prohibited from
848+17 carrying a handgun on one (1) or more of the other grounds listed
849+18 in subsection (b).
850+19 (e) A person who violates this section commits unlawful
851+20 carrying of a handgun, a Class A misdemeanor. However, the
852+21 offense is a Level 5 felony if:
853+22 (1) the person:
854+23 (A) is less than twenty-three (23) years of age; and
855+24 (B) has an adjudication as a delinquent child for an act
856+25 described by IC 35-47-4-5; or
857+26 (2) the person violates this section:
858+27 (A) on or in school property;
859+28 (B) within five hundred (500) feet of school property; or
860+29 (C) on a school bus.
861+30 SECTION 10. IC 35-47-2-2 IS REPEALED [EFFECTIVE JULY 1,
862+31 2022]. Sec. 2. Section 1 of this chapter does not apply to:
863+32 (1) marshals;
864+33 (2) sheriffs;
865+34 (3) the commissioner of the department of correction or persons
866+35 authorized by the commissioner in writing to carry firearms;
867+36 (4) judicial officers;
868+37 (5) law enforcement officers;
869+38 (6) members of the armed forces of the United States or of the
870+39 national guard or organized reserves while they are on duty;
871+40 (7) regularly enrolled members of any organization duly
872+41 authorized to purchase or receive such weapons from the United
873+42 States or from this state who are at or are going to or from their
877874 HB 1077—LS 6915/DI 144 21
878-1 (8) employees of the United States duly authorized to carry
879-2 handguns;
880-3 (9) employees of express companies when engaged in company
881-4 business; or
882-5 (10) any person engaged in the business of manufacturing,
883-6 repairing, or dealing in firearms or the agent or representative of
884-7 any such person having in the person's possession, using, or
885-8 carrying a handgun in the usual or ordinary course of that
886-9 business.
887-10 SECTION 11. IC 35-47-2-2.1 IS REPEALED [EFFECTIVE JULY
888-11 1, 2022]. Sec. 2.1. (a) As used in this section, "protection order" means
889-12 a civil protection order issued under IC 34-26-5.
890-13 (b) A person may carry a handgun without a license if the person:
891-14 (1) has applied for a license to carry a handgun as described in
892-15 IC 35-47-2-3;
893-16 (2) is protected by a protection order;
894-17 (3) is at least eighteen (18) years of age; and
895-18 (4) is not otherwise barred by state or federal law from possessing
896-19 a handgun;
897-20 during the period described in subsection (c).
898-21 (c) A person described in subsection (b) may carry a handgun
899-22 without a license for a period ending sixty (60) days after the date the
900-23 protection order is issued.
901-24 SECTION 12. IC 35-47-2-3, AS AMENDED BY P.L.165-2021,
902-25 SECTION 196, IS AMENDED TO READ AS FOLLOWS
903-26 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) A person desiring a license
904-27 to carry who is at least eighteen (18) years of age and is not
905-28 otherwise prohibited from carrying or possessing a handgun shall
906-29 apply: under state or federal law is not required to obtain or
907-30 possess a license or permit from the state to carry a handgun in
908-31 Indiana. A resident of this state who wishes to carry a firearm in
909-32 another state under a reciprocity agreement entered into by this
910-33 state and another state may obtain a license to carry a handgun in
911-34 Indiana under this chapter by applying:
912-35 (1) to the chief of police or corresponding law enforcement officer
913-36 of the municipality in which the applicant resides;
914-37 (2) if that municipality has no such officer, or if the applicant does
915-38 not reside in a municipality, to the sheriff of the county in which
916-39 the applicant resides after the applicant has obtained an
917-40 application form prescribed by the superintendent; or
918-41 (3) if the applicant is a resident of another state and has a regular
919-42 place of business or employment in Indiana, to the sheriff of the
875+1 place of assembly or target practice;
876+2 (8) employees of the United States duly authorized to carry
877+3 handguns;
878+4 (9) employees of express companies when engaged in company
879+5 business; or
880+6 (10) any person engaged in the business of manufacturing,
881+7 repairing, or dealing in firearms or the agent or representative of
882+8 any such person having in the person's possession, using, or
883+9 carrying a handgun in the usual or ordinary course of that
884+10 business.
885+11 SECTION 11. IC 35-47-2-2.1 IS REPEALED [EFFECTIVE JULY
886+12 1, 2022]. Sec. 2.1. (a) As used in this section, "protection order" means
887+13 a civil protection order issued under IC 34-26-5.
888+14 (b) A person may carry a handgun without a license if the person:
889+15 (1) has applied for a license to carry a handgun as described in
890+16 IC 35-47-2-3;
891+17 (2) is protected by a protection order;
892+18 (3) is at least eighteen (18) years of age; and
893+19 (4) is not otherwise barred by state or federal law from possessing
894+20 a handgun;
895+21 during the period described in subsection (c).
896+22 (c) A person described in subsection (b) may carry a handgun
897+23 without a license for a period ending sixty (60) days after the date the
898+24 protection order is issued.
899+25 SECTION 12. IC 35-47-2-3, AS AMENDED BY P.L.165-2021,
900+26 SECTION 196, IS AMENDED TO READ AS FOLLOWS
901+27 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) A person desiring a license
902+28 to carry who is at least eighteen (18) years of age and is not
903+29 otherwise prohibited from carrying or possessing a handgun shall
904+30 apply: under state or federal law is not required to obtain or
905+31 possess a license or permit from the state to carry a handgun in
906+32 Indiana. A resident of this state who wishes to carry a firearm in
907+33 another state under a reciprocity agreement entered into by this
908+34 state and another state may obtain a license to carry a handgun in
909+35 Indiana under this chapter by applying:
910+36 (1) to the chief of police or corresponding law enforcement officer
911+37 of the municipality in which the applicant resides;
912+38 (2) if that municipality has no such officer, or if the applicant does
913+39 not reside in a municipality, to the sheriff of the county in which
914+40 the applicant resides after the applicant has obtained an
915+41 application form prescribed by the superintendent; or
916+42 (3) if the applicant is a resident of another state and has a regular
920917 HB 1077—LS 6915/DI 144 22
921-1 county in which the applicant has a regular place of business or
922-2 employment.
923-3 The superintendent and local law enforcement agencies shall allow an
924-4 applicant desiring to obtain or renew a license to carry a handgun to
925-5 submit an application electronically under this chapter if funds are
926-6 available to establish and maintain an electronic application system.
927-7 (b) This subsection applies before July 1, 2020. The law
928-8 enforcement agency which accepts an application for a handgun license
929-9 shall collect the following application fees:
930-10 (1) From a person applying for a four (4) year handgun license, a
931-11 ten dollar ($10) application fee, five dollars ($5) of which shall be
932-12 refunded if the license is not issued.
933-13 (2) From a person applying for a lifetime handgun license who
934-14 does not currently possess a valid Indiana handgun license, a fifty
935-15 dollar ($50) application fee, thirty dollars ($30) of which shall be
936-16 refunded if the license is not issued.
937-17 (3) From a person applying for a lifetime handgun license who
938-18 currently possesses a valid Indiana handgun license, a forty dollar
939-19 ($40) application fee, thirty dollars ($30) of which shall be
940-20 refunded if the license is not issued.
941-21 Except as provided in subsection (j), the fee shall be deposited into the
942-22 law enforcement agency's firearms training fund or other appropriate
943-23 training activities fund and used by the agency to train law enforcement
944-24 officers in the proper use of firearms or in other law enforcement
945-25 duties, or to purchase firearms, firearm related equipment, or body
946-26 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
947-27 employed by the law enforcement agency. The state board of accounts
948-28 shall establish rules for the proper accounting and expenditure of funds
949-29 collected under this subsection.
950-30 (c) This subsection applies after June 30, 2020, and before July 1,
951-31 2021. The law enforcement agency which accepts an application for a
952-32 handgun license shall not collect a fee from a person applying for a five
953-33 (5) year handgun license and shall collect the following application
954-34 fees:
955-35 (1) From a person applying for a lifetime handgun license who
956-36 does not currently possess a valid Indiana handgun license, a fifty
957-37 dollar ($50) application fee, thirty dollars ($30) of which shall be
958-38 refunded if the license is not issued.
959-39 (2) From a person applying for a lifetime handgun license who
960-40 currently possesses a valid Indiana handgun license, a forty dollar
961-41 ($40) application fee, thirty dollars ($30) of which shall be
962-42 refunded if the license is not issued.
918+1 place of business or employment in Indiana, to the sheriff of the
919+2 county in which the applicant has a regular place of business or
920+3 employment.
921+4 The superintendent and local law enforcement agencies shall allow an
922+5 applicant desiring to obtain or renew a license to carry a handgun to
923+6 submit an application electronically under this chapter if funds are
924+7 available to establish and maintain an electronic application system.
925+8 (b) This subsection applies before July 1, 2020. The law
926+9 enforcement agency which accepts an application for a handgun license
927+10 shall collect the following application fees:
928+11 (1) From a person applying for a four (4) year handgun license, a
929+12 ten dollar ($10) application fee, five dollars ($5) of which shall be
930+13 refunded if the license is not issued.
931+14 (2) From a person applying for a lifetime handgun license who
932+15 does not currently possess a valid Indiana handgun license, a fifty
933+16 dollar ($50) application fee, thirty dollars ($30) of which shall be
934+17 refunded if the license is not issued.
935+18 (3) From a person applying for a lifetime handgun license who
936+19 currently possesses a valid Indiana handgun license, a forty dollar
937+20 ($40) application fee, thirty dollars ($30) of which shall be
938+21 refunded if the license is not issued.
939+22 Except as provided in subsection (j), the fee shall be deposited into the
940+23 law enforcement agency's firearms training fund or other appropriate
941+24 training activities fund and used by the agency to train law enforcement
942+25 officers in the proper use of firearms or in other law enforcement
943+26 duties, or to purchase firearms, firearm related equipment, or body
944+27 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
945+28 employed by the law enforcement agency. The state board of accounts
946+29 shall establish rules for the proper accounting and expenditure of funds
947+30 collected under this subsection.
948+31 (c) This subsection applies after June 30, 2020, and before July 1,
949+32 2021. The law enforcement agency which accepts an application for a
950+33 handgun license shall not collect a fee from a person applying for a five
951+34 (5) year handgun license and shall collect the following application
952+35 fees:
953+36 (1) From a person applying for a lifetime handgun license who
954+37 does not currently possess a valid Indiana handgun license, a fifty
955+38 dollar ($50) application fee, thirty dollars ($30) of which shall be
956+39 refunded if the license is not issued.
957+40 (2) From a person applying for a lifetime handgun license who
958+41 currently possesses a valid Indiana handgun license, a forty dollar
959+42 ($40) application fee, thirty dollars ($30) of which shall be
963960 HB 1077—LS 6915/DI 144 23
964-1 Except as provided in subsection (j), the fee shall be deposited into the
965-2 law enforcement agency's firearms training fund or other appropriate
966-3 training activities fund and used by the agency to train law enforcement
967-4 officers in the proper use of firearms or in other law enforcement
968-5 duties, or to purchase firearms, firearm related equipment, or body
969-6 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
970-7 employed by the law enforcement agency. The state board of accounts
971-8 shall establish rules for the proper accounting and expenditure of funds
972-9 collected under this subsection.
973-10 (d) This subsection applies after June 30, 2021. The law
974-11 enforcement agency which accepts an application for a handgun license
975-12 shall not collect a fee from a person applying for a handgun license.
976-13 (e) The officer to whom the application is made shall ascertain the
977-14 applicant's name, full address, length of residence in the community,
978-15 whether the applicant's residence is located within the limits of any city
979-16 or town, the applicant's occupation, place of business or employment,
980-17 criminal record, if any, and convictions (minor traffic offenses
981-18 excepted), age, race, sex, nationality, date of birth, citizenship, height,
982-19 weight, build, color of hair, color of eyes, scars and marks, whether the
983-20 applicant has previously held an Indiana license to carry a handgun
984-21 and, if so, the serial number of the license and year issued, whether the
985-22 applicant's license has ever been suspended or revoked, and if so, the
986-23 year and reason for the suspension or revocation, and the applicant's
987-24 reason for desiring a license. If the applicant is not a United States
988-25 citizen, the officer to whom the application is made shall ascertain the
989-26 applicant's country of citizenship, place of birth, and any alien or
990-27 admission number issued by the United States Citizenship and
991-28 Immigration Services or United States Customs and Border Protection
992-29 or any successor agency as applicable. The officer to whom the
993-30 application is made shall conduct an investigation into the applicant's
994-31 official records and verify thereby the applicant's character and
995-32 reputation, and shall in addition verify for accuracy the information
996-33 contained in the application, and shall forward this information
997-34 together with the officer's recommendation for approval or disapproval
998-35 and one (1) set of legible and classifiable fingerprints of the applicant
999-36 to the superintendent. An investigation conducted under this section
1000-37 must include the consulting of available local, state, and federal
1001-38 criminal history data banks, including the National Instant Criminal
1002-39 Background Check System (NICS), to determine whether possession
1003-40 of a firearm by an applicant would be a violation of state or federal law.
1004-41 (f) The superintendent may make whatever further investigation the
1005-42 superintendent deems necessary. Whenever disapproval is
961+1 refunded if the license is not issued.
962+2 Except as provided in subsection (j), the fee shall be deposited into the
963+3 law enforcement agency's firearms training fund or other appropriate
964+4 training activities fund and used by the agency to train law enforcement
965+5 officers in the proper use of firearms or in other law enforcement
966+6 duties, or to purchase firearms, firearm related equipment, or body
967+7 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
968+8 employed by the law enforcement agency. The state board of accounts
969+9 shall establish rules for the proper accounting and expenditure of funds
970+10 collected under this subsection.
971+11 (d) This subsection applies after June 30, 2021. The law
972+12 enforcement agency which accepts an application for a handgun license
973+13 shall not collect a fee from a person applying for a handgun license.
974+14 (e) The officer to whom the application is made shall ascertain the
975+15 applicant's name, full address, length of residence in the community,
976+16 whether the applicant's residence is located within the limits of any city
977+17 or town, the applicant's occupation, place of business or employment,
978+18 criminal record, if any, and convictions (minor traffic offenses
979+19 excepted), age, race, sex, nationality, date of birth, citizenship, height,
980+20 weight, build, color of hair, color of eyes, scars and marks, whether the
981+21 applicant has previously held an Indiana license to carry a handgun
982+22 and, if so, the serial number of the license and year issued, whether the
983+23 applicant's license has ever been suspended or revoked, and if so, the
984+24 year and reason for the suspension or revocation, and the applicant's
985+25 reason for desiring a license. If the applicant is not a United States
986+26 citizen, the officer to whom the application is made shall ascertain the
987+27 applicant's country of citizenship, place of birth, and any alien or
988+28 admission number issued by the United States Citizenship and
989+29 Immigration Services or United States Customs and Border Protection
990+30 or any successor agency as applicable. The officer to whom the
991+31 application is made shall conduct an investigation into the applicant's
992+32 official records and verify thereby the applicant's character and
993+33 reputation, and shall in addition verify for accuracy the information
994+34 contained in the application, and shall forward this information
995+35 together with the officer's recommendation for approval or disapproval
996+36 and one (1) set of legible and classifiable fingerprints of the applicant
997+37 to the superintendent. An investigation conducted under this section
998+38 must include the consulting of available local, state, and federal
999+39 criminal history data banks, including the National Instant Criminal
1000+40 Background Check System (NICS), to determine whether possession
1001+41 of a firearm by an applicant would be a violation of state or federal law.
1002+42 (f) The superintendent may make whatever further investigation the
10061003 HB 1077—LS 6915/DI 144 24
1007-1 recommended, the officer to whom the application is made shall
1008-2 provide the superintendent and the applicant with the officer's complete
1009-3 and specific reasons, in writing, for the recommendation of
1010-4 disapproval.
1011-5 (g) If it appears to the superintendent that the applicant:
1012-6 (1) has a proper reason for carrying a handgun; receiving a
1013-7 license to carry a handgun;
1014-8 (2) is of good character and reputation;
1015-9 (3) is a proper person to be licensed; and
1016-10 (4) is:
1017-11 (A) a citizen of the United States; or
1018-12 (B) not a citizen of the United States but is allowed to carry a
1019-13 firearm in the United States under federal law;
1020-14 the superintendent shall issue to the applicant a qualified or an
1021-15 unlimited license to carry any a handgun lawfully possessed by the
1022-16 applicant. in Indiana. The original license shall be delivered to the
1023-17 licensee. A copy shall be delivered to the officer to whom the
1024-18 application for license was made. A copy shall be retained by the
1025-19 superintendent for at least five (5) years in the case of a five (5) year
1026-20 license. The superintendent may adopt guidelines to establish a records
1027-21 retention policy for a lifetime license. A five (5) year license shall be
1028-22 valid for a period of five (5) years from the date of issue. A lifetime
1029-23 license is valid for the life of the individual receiving the license. The
1030-24 license of police officers, sheriffs or their deputies, and law
1031-25 enforcement officers of the United States government who have twenty
1032-26 (20) or more years of service shall be valid for the life of these
1033-27 individuals. However, a lifetime license is automatically revoked if the
1034-28 license holder does not remain a proper person.
1035-29 (h) At the time a license is issued and delivered to a licensee under
1036-30 subsection (g), the superintendent shall include with the license
1037-31 information concerning handgun firearms safety rules that:
1038-32 (1) neither opposes nor supports an individual's right to bear
1039-33 arms; and
1040-34 (2) is:
1041-35 (A) recommended by a nonprofit educational organization that
1042-36 is dedicated to providing education on safe handling and use
1043-37 of firearms;
1044-38 (B) prepared by the state police department; and
1045-39 (C) approved by the superintendent.
1046-40 The superintendent may not deny a license under this section because
1047-41 the information required under this subsection is unavailable at the
1048-42 time the superintendent would otherwise issue a license. The state
1004+1 superintendent deems necessary. Whenever disapproval is
1005+2 recommended, the officer to whom the application is made shall
1006+3 provide the superintendent and the applicant with the officer's complete
1007+4 and specific reasons, in writing, for the recommendation of
1008+5 disapproval.
1009+6 (g) If it appears to the superintendent that the applicant:
1010+7 (1) has a proper reason for carrying a handgun; receiving a
1011+8 license to carry a handgun;
1012+9 (2) is of good character and reputation;
1013+10 (3) is a proper person to be licensed; and
1014+11 (4) is:
1015+12 (A) a citizen of the United States; or
1016+13 (B) not a citizen of the United States but is allowed to carry a
1017+14 firearm in the United States under federal law;
1018+15 the superintendent shall issue to the applicant a qualified or an
1019+16 unlimited license to carry any a handgun lawfully possessed by the
1020+17 applicant. in Indiana. The original license shall be delivered to the
1021+18 licensee. A copy shall be delivered to the officer to whom the
1022+19 application for license was made. A copy shall be retained by the
1023+20 superintendent for at least five (5) years in the case of a five (5) year
1024+21 license. The superintendent may adopt guidelines to establish a records
1025+22 retention policy for a lifetime license. A five (5) year license shall be
1026+23 valid for a period of five (5) years from the date of issue. A lifetime
1027+24 license is valid for the life of the individual receiving the license. The
1028+25 license of police officers, sheriffs or their deputies, and law
1029+26 enforcement officers of the United States government who have twenty
1030+27 (20) or more years of service shall be valid for the life of these
1031+28 individuals. However, a lifetime license is automatically revoked if the
1032+29 license holder does not remain a proper person.
1033+30 (h) At the time a license is issued and delivered to a licensee under
1034+31 subsection (g), the superintendent shall include with the license
1035+32 information concerning handgun firearms safety rules that:
1036+33 (1) neither opposes nor supports an individual's right to bear
1037+34 arms; and
1038+35 (2) is:
1039+36 (A) recommended by a nonprofit educational organization that
1040+37 is dedicated to providing education on safe handling and use
1041+38 of firearms;
1042+39 (B) prepared by the state police department; and
1043+40 (C) approved by the superintendent.
1044+41 The superintendent may not deny a license under this section because
1045+42 the information required under this subsection is unavailable at the
10491046 HB 1077—LS 6915/DI 144 25
1050-1 police department may accept private donations or grants to defray the
1051-2 cost of printing and mailing the information required under this
1052-3 subsection.
1053-4 (i) A license to carry a handgun shall not be issued to any person
1054-5 who:
1055-6 (1) has been convicted of a felony;
1056-7 (2) has had a license to carry a handgun suspended, unless the
1057-8 person's license has been reinstated;
1058-9 (3) is under eighteen (18) years of age;
1059-10 (4) is under twenty-three (23) years of age if the person has been
1060-11 adjudicated a delinquent child for an act that would be a felony if
1061-12 committed by an adult;
1062-13 (5) has been arrested for a Class A or Class B felony for an
1063-14 offense committed before July 1, 2014, for a Level 1, Level 2,
1064-15 Level 3, or Level 4 felony for an offense committed after June 30,
1065-16 2014, or any other felony that was committed while armed with
1066-17 a deadly weapon or that involved the use of violence, if a court
1067-18 has found probable cause to believe that the person committed the
1068-19 offense charged; or
1069-20 (6) is prohibited by federal law from possessing or receiving
1070-21 firearms under 18 U.S.C. 922(g); or
1071-22 (7) is described in IC 35-47-2-1.5, unless exempted by
1072-23 IC 35-47-2-1.5.
1073-24 In the case of an arrest under subdivision (5), a license to carry a
1074-25 handgun may be issued to a person who has been acquitted of the
1075-26 specific offense charged or if the charges for the specific offense are
1076-27 dismissed. The superintendent shall prescribe all forms to be used in
1077-28 connection with the administration of this chapter.
1078-29 (j) If the law enforcement agency that charges a fee under
1079-30 subsection (b) or (c) is a city or town law enforcement agency, the fee
1080-31 shall be deposited in the law enforcement continuing education fund
1081-32 established under IC 5-2-8-2.
1082-33 (k) If a person who holds a valid license to carry a handgun issued
1083-34 under this chapter:
1084-35 (1) changes the person's name;
1085-36 (2) changes the person's address; or
1086-37 (3) experiences a change, including an arrest or a conviction, that
1087-38 may affect the person's status as a proper person (as defined in
1088-39 IC 35-47-1-7) or otherwise disqualify the person from holding a
1089-40 license;
1090-41 the person shall, not later than thirty (30) days after the date of a
1091-42 change described under subdivision (3), and not later than sixty (60)
1047+1 time the superintendent would otherwise issue a license. The state
1048+2 police department may accept private donations or grants to defray the
1049+3 cost of printing and mailing the information required under this
1050+4 subsection.
1051+5 (i) A license to carry a handgun shall not be issued to any person
1052+6 who:
1053+7 (1) has been convicted of a felony;
1054+8 (2) has had a license to carry a handgun suspended, unless the
1055+9 person's license has been reinstated;
1056+10 (3) is under eighteen (18) years of age;
1057+11 (4) is under twenty-three (23) years of age if the person has been
1058+12 adjudicated a delinquent child for an act that would be a felony if
1059+13 committed by an adult;
1060+14 (5) has been arrested for a Class A or Class B felony for an
1061+15 offense committed before July 1, 2014, for a Level 1, Level 2,
1062+16 Level 3, or Level 4 felony for an offense committed after June 30,
1063+17 2014, or any other felony that was committed while armed with
1064+18 a deadly weapon or that involved the use of violence, if a court
1065+19 has found probable cause to believe that the person committed the
1066+20 offense charged; or
1067+21 (6) is prohibited by federal law from possessing or receiving
1068+22 firearms under 18 U.S.C. 922(g); or
1069+23 (7) is described in IC 35-47-2-1.5, unless exempted by
1070+24 IC 35-47-2-1.5.
1071+25 In the case of an arrest under subdivision (5), a license to carry a
1072+26 handgun may be issued to a person who has been acquitted of the
1073+27 specific offense charged or if the charges for the specific offense are
1074+28 dismissed. The superintendent shall prescribe all forms to be used in
1075+29 connection with the administration of this chapter.
1076+30 (j) If the law enforcement agency that charges a fee under
1077+31 subsection (b) or (c) is a city or town law enforcement agency, the fee
1078+32 shall be deposited in the law enforcement continuing education fund
1079+33 established under IC 5-2-8-2.
1080+34 (k) If a person who holds a valid license to carry a handgun issued
1081+35 under this chapter:
1082+36 (1) changes the person's name;
1083+37 (2) changes the person's address; or
1084+38 (3) experiences a change, including an arrest or a conviction, that
1085+39 may affect the person's status as a proper person (as defined in
1086+40 IC 35-47-1-7) or otherwise disqualify the person from holding a
1087+41 license;
1088+42 the person shall, not later than thirty (30) days after the date of a
10921089 HB 1077—LS 6915/DI 144 26
1093-1 days after the date of the change described under subdivision (1) or (2),
1094-2 notify the superintendent, in writing, of the event described under
1095-3 subdivision (3) or, in the case of a change under subdivision (1) or (2),
1096-4 the person's new name or new address.
1097-5 (l) The state police shall indicate on the form for a license to carry
1098-6 a handgun the notification requirements of subsection (k).
1099-7 (m) The state police department shall adopt rules under IC 4-22-2
1100-8 to
1101-9 (1) implement an electronic application system under subsection
1102-10 (a). and
1103-11 (2) expedite the processing of an application made by a person
1104-12 described in section 2.1(b) of this chapter.
1105-13 Rules adopted under this section must require the superintendent to
1106-14 keep on file one (1) set of classifiable and legible fingerprints from
1107-15 every person who has received a license to carry a handgun so that a
1108-16 person who applies to renew a license will not be required to submit an
1109-17 additional set of fingerprints.
1110-18 (n) Except as provided in subsection (o), for purposes of
1111-19 IC 5-14-3-4(a)(1), the following information is confidential, may not
1112-20 be published, and is not open to public inspection:
1113-21 (1) Information submitted by a person under this section to:
1114-22 (A) obtain; or
1115-23 (B) renew;
1116-24 a license to carry a handgun.
1117-25 (2) Information obtained by a federal, state, or local government
1118-26 entity in the course of an investigation concerning a person who
1119-27 applies to:
1120-28 (A) obtain; or
1121-29 (B) renew;
1122-30 a license to carry a handgun issued under this chapter.
1123-31 (3) The name, address, and any other information that may be
1124-32 used to identify a person who holds a license to carry a handgun
1125-33 issued under this chapter.
1126-34 (o) Notwithstanding subsection (n):
1127-35 (1) any information concerning an applicant for or a person who
1128-36 holds a license to carry a handgun issued under this chapter may
1129-37 be released to a federal, state, or local government entity:
1130-38 (A) for law enforcement purposes; or
1131-39 (B) to determine the validity of a license to carry a handgun;
1132-40 and
1133-41 (2) general information concerning the issuance of licenses to
1134-42 carry handguns in Indiana may be released to a person conducting
1090+1 change described under subdivision (3), and not later than sixty (60)
1091+2 days after the date of the change described under subdivision (1) or (2),
1092+3 notify the superintendent, in writing, of the event described under
1093+4 subdivision (3) or, in the case of a change under subdivision (1) or (2),
1094+5 the person's new name or new address.
1095+6 (l) The state police shall indicate on the form for a license to carry
1096+7 a handgun the notification requirements of subsection (k).
1097+8 (m) The state police department shall adopt rules under IC 4-22-2
1098+9 to
1099+10 (1) implement an electronic application system under subsection
1100+11 (a). and
1101+12 (2) expedite the processing of an application made by a person
1102+13 described in section 2.1(b) of this chapter.
1103+14 Rules adopted under this section must require the superintendent to
1104+15 keep on file one (1) set of classifiable and legible fingerprints from
1105+16 every person who has received a license to carry a handgun so that a
1106+17 person who applies to renew a license will not be required to submit an
1107+18 additional set of fingerprints.
1108+19 (n) Except as provided in subsection (o), for purposes of
1109+20 IC 5-14-3-4(a)(1), the following information is confidential, may not
1110+21 be published, and is not open to public inspection:
1111+22 (1) Information submitted by a person under this section to:
1112+23 (A) obtain; or
1113+24 (B) renew;
1114+25 a license to carry a handgun.
1115+26 (2) Information obtained by a federal, state, or local government
1116+27 entity in the course of an investigation concerning a person who
1117+28 applies to:
1118+29 (A) obtain; or
1119+30 (B) renew;
1120+31 a license to carry a handgun issued under this chapter.
1121+32 (3) The name, address, and any other information that may be
1122+33 used to identify a person who holds a license to carry a handgun
1123+34 issued under this chapter.
1124+35 (o) Notwithstanding subsection (n):
1125+36 (1) any information concerning an applicant for or a person who
1126+37 holds a license to carry a handgun issued under this chapter may
1127+38 be released to a federal, state, or local government entity:
1128+39 (A) for law enforcement purposes; or
1129+40 (B) to determine the validity of a license to carry a handgun;
1130+41 and
1131+42 (2) general information concerning the issuance of licenses to
11351132 HB 1077—LS 6915/DI 144 27
1136-1 journalistic or academic research, but only if all personal
1137-2 information that could disclose the identity of any person who
1138-3 holds a license to carry a handgun issued under this chapter has
1139-4 been removed from the general information.
1140-5 (p) A person who holds a valid license to carry a handgun under
1141-6 this chapter is licensed to carry a handgun in Indiana.
1142-7 (p) (q) A person who knowingly or intentionally violates this section
1143-8 commits a Class B misdemeanor.
1144-9 SECTION 13. IC 35-47-2-4, AS AMENDED BY P.L.165-2021,
1145-10 SECTION 197, IS AMENDED TO READ AS FOLLOWS
1146-11 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) Licenses to carry handguns
1147-12 shall be either qualified or unlimited, and issued under section 3 of
1148-13 this chapter are valid for:
1149-14 (1) five (5) years from the date of issue in the case of a five (5)
1150-15 year license; or
1151-16 (2) the life of the individual receiving the license in the case of a
1152-17 lifetime license.
1153-18 A qualified license shall be issued for hunting and target practice. An
1154-19 individual may separately apply for and simultaneously hold both a five
1155-20 (5) year license and a lifetime license. The superintendent may adopt
1156-21 rules imposing limitations on the use and carrying of handguns under
1157-22 a license when handguns are carried by a licensee as a condition of
1158-23 employment. Unlimited licenses shall be issued for the purpose of the
1159-24 protection of life and property.
1160-25 (b) This subsection applies before July 1, 2020. In addition to the
1161-26 application fee, the fee for:
1162-27 (1) a qualified license shall be:
1163-28 (A) five dollars ($5) for a five (5) year qualified license;
1164-29 (B) twenty-five dollars ($25) for a lifetime qualified license
1165-30 from a person who does not currently possess a valid Indiana
1166-31 handgun license; or
1167-32 (C) twenty dollars ($20) for a lifetime qualified license from
1168-33 a person who currently possesses a valid Indiana handgun
1169-34 license; and
1170-35 (2) an unlimited license shall be:
1171-36 (A) thirty dollars ($30) for a five (5) year unlimited license;
1172-37 (B) seventy-five dollars ($75) for a lifetime unlimited license
1173-38 from a person who does not currently possess a valid Indiana
1174-39 handgun license; or
1175-40 (C) sixty dollars ($60) for a lifetime unlimited license from a
1176-41 person who currently possesses a valid Indiana handgun
1177-42 license.
1133+1 carry handguns in Indiana may be released to a person conducting
1134+2 journalistic or academic research, but only if all personal
1135+3 information that could disclose the identity of any person who
1136+4 holds a license to carry a handgun issued under this chapter has
1137+5 been removed from the general information.
1138+6 (p) A person who holds a valid license to carry a handgun under
1139+7 this chapter is licensed to carry a handgun in Indiana.
1140+8 (p) (q) A person who knowingly or intentionally violates this section
1141+9 commits a Class B misdemeanor.
1142+10 SECTION 13. IC 35-47-2-4, AS AMENDED BY P.L.165-2021,
1143+11 SECTION 197, IS AMENDED TO READ AS FOLLOWS
1144+12 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) Licenses to carry handguns
1145+13 shall be either qualified or unlimited, and issued under section 3 of
1146+14 this chapter are valid for:
1147+15 (1) five (5) years from the date of issue in the case of a five (5)
1148+16 year license; or
1149+17 (2) the life of the individual receiving the license in the case of a
1150+18 lifetime license.
1151+19 A qualified license shall be issued for hunting and target practice. An
1152+20 individual may separately apply for and simultaneously hold both a five
1153+21 (5) year license and a lifetime license. The superintendent may adopt
1154+22 rules imposing limitations on the use and carrying of handguns under
1155+23 a license when handguns are carried by a licensee as a condition of
1156+24 employment. Unlimited licenses shall be issued for the purpose of the
1157+25 protection of life and property.
1158+26 (b) This subsection applies before July 1, 2020. In addition to the
1159+27 application fee, the fee for:
1160+28 (1) a qualified license shall be:
1161+29 (A) five dollars ($5) for a five (5) year qualified license;
1162+30 (B) twenty-five dollars ($25) for a lifetime qualified license
1163+31 from a person who does not currently possess a valid Indiana
1164+32 handgun license; or
1165+33 (C) twenty dollars ($20) for a lifetime qualified license from
1166+34 a person who currently possesses a valid Indiana handgun
1167+35 license; and
1168+36 (2) an unlimited license shall be:
1169+37 (A) thirty dollars ($30) for a five (5) year unlimited license;
1170+38 (B) seventy-five dollars ($75) for a lifetime unlimited license
1171+39 from a person who does not currently possess a valid Indiana
1172+40 handgun license; or
1173+41 (C) sixty dollars ($60) for a lifetime unlimited license from a
1174+42 person who currently possesses a valid Indiana handgun
11781175 HB 1077—LS 6915/DI 144 28
1179-1 The superintendent shall charge a twenty dollar ($20) fee for the
1180-2 issuance of a duplicate license to replace a lost or damaged license.
1181-3 These fees shall be deposited in accordance with subsection (h).
1182-4 (c) This subsection applies after June 30, 2020, and before July 1,
1183-5 2021. In addition to the application fee, the fee for:
1184-6 (1) a qualified license is:
1185-7 (A) zero dollars ($0) for a five (5) year qualified license;
1186-8 (B) twenty-five dollars ($25) for a lifetime qualified license
1187-9 from a person who does not currently possess a valid Indiana
1188-10 handgun license; and
1189-11 (C) twenty dollars ($20) for a lifetime qualified license from
1190-12 a person who currently possesses a valid Indiana handgun
1191-13 license; and
1192-14 (2) an unlimited license is:
1193-15 (A) zero dollars ($0) for a five (5) year unlimited license;
1194-16 (B) seventy-five dollars ($75) for a lifetime unlimited license
1195-17 from a person who does not currently possess a valid Indiana
1196-18 handgun license; and
1197-19 (C) sixty dollars ($60) for a lifetime unlimited license from a
1198-20 person who currently possesses a valid Indiana handgun
1199-21 license.
1200-22 The superintendent shall charge a twenty dollar ($20) fee for the
1201-23 issuance of a duplicate license to replace a lost or damaged license.
1202-24 These fees shall be deposited in accordance with subsection (h).
1203-25 (d) (b) This subsection applies after June 30, 2021. There is no fee
1204-26 for a qualified or unlimited license to carry a handgun. The
1205-27 superintendent shall charge a twenty dollar ($20) fee for the issuance
1206-28 of a duplicate license to replace a lost or damaged license. This fee
1207-29 shall be deposited in accordance with subsection (h). (c).
1208-30 (e) Licensed dealers are exempt from the payment of fees specified
1209-31 in subsections (b) and (c) for a qualified license or an unlimited
1210-32 license.
1211-33 (f) The following officers of this state or the United States who have
1212-34 been honorably retired by a lawfully created pension board or its
1213-35 equivalent after at least twenty (20) years of service or because of a
1214-36 disability are exempt from the payment of fees specified in subsections
1215-37 (b) and (c):
1216-38 (1) Police officers.
1217-39 (2) Sheriffs or their deputies.
1218-40 (3) Law enforcement officers.
1219-41 (4) Correctional officers.
1220-42 (g) The following officers described in section 3(g) of this chapter
1176+1 license.
1177+2 The superintendent shall charge a twenty dollar ($20) fee for the
1178+3 issuance of a duplicate license to replace a lost or damaged license.
1179+4 These fees shall be deposited in accordance with subsection (h).
1180+5 (c) This subsection applies after June 30, 2020, and before July 1,
1181+6 2021. In addition to the application fee, the fee for:
1182+7 (1) a qualified license is:
1183+8 (A) zero dollars ($0) for a five (5) year qualified license;
1184+9 (B) twenty-five dollars ($25) for a lifetime qualified license
1185+10 from a person who does not currently possess a valid Indiana
1186+11 handgun license; and
1187+12 (C) twenty dollars ($20) for a lifetime qualified license from
1188+13 a person who currently possesses a valid Indiana handgun
1189+14 license; and
1190+15 (2) an unlimited license is:
1191+16 (A) zero dollars ($0) for a five (5) year unlimited license;
1192+17 (B) seventy-five dollars ($75) for a lifetime unlimited license
1193+18 from a person who does not currently possess a valid Indiana
1194+19 handgun license; and
1195+20 (C) sixty dollars ($60) for a lifetime unlimited license from a
1196+21 person who currently possesses a valid Indiana handgun
1197+22 license.
1198+23 The superintendent shall charge a twenty dollar ($20) fee for the
1199+24 issuance of a duplicate license to replace a lost or damaged license.
1200+25 These fees shall be deposited in accordance with subsection (h).
1201+26 (d) (b) This subsection applies after June 30, 2021. There is no fee
1202+27 for a qualified or unlimited license to carry a handgun. The
1203+28 superintendent shall charge a twenty dollar ($20) fee for the issuance
1204+29 of a duplicate license to replace a lost or damaged license. This fee
1205+30 shall be deposited in accordance with subsection (h). (c).
1206+31 (e) Licensed dealers are exempt from the payment of fees specified
1207+32 in subsections (b) and (c) for a qualified license or an unlimited
1208+33 license.
1209+34 (f) The following officers of this state or the United States who have
1210+35 been honorably retired by a lawfully created pension board or its
1211+36 equivalent after at least twenty (20) years of service or because of a
1212+37 disability are exempt from the payment of fees specified in subsections
1213+38 (b) and (c):
1214+39 (1) Police officers.
1215+40 (2) Sheriffs or their deputies.
1216+41 (3) Law enforcement officers.
1217+42 (4) Correctional officers.
12211218 HB 1077—LS 6915/DI 144 29
1222-1 who have at least twenty (20) years of service are exempt from the
1223-2 payment of fees for a lifetime qualified license or a lifetime unlimited
1224-3 license specified in subsections (b) and (c):
1225-4 (1) Police officers.
1226-5 (2) Sheriffs or their deputies.
1227-6 (3) Law enforcement officers of the United States government.
1228-7 (h) (c) Fees collected under this section shall be deposited in the
1229-8 state general fund.
1230-9 (i) (d) The superintendent may not issue a lifetime qualified license
1231-10 or a lifetime unlimited license to a person who is a resident of another
1232-11 state. The superintendent may issue a five (5) year qualified license or
1233-12 a five (5) year unlimited license to a person who is a resident of another
1234-13 state and who has a regular place of business or employment in Indiana
1235-14 as described in section 3(a)(3) of this chapter.
1236-15 (j) (e) A person who knowingly or intentionally violates this section
1237-16 commits a Class B misdemeanor.
1238-17 SECTION 14. IC 35-47-2-24 IS REPEALED [EFFECTIVE JULY
1239-18 1, 2022]. Sec. 24. (a) In an information or indictment brought for the
1240-19 enforcement of any provision of this chapter, it is not necessary to
1241-20 negate any exemption specified under this chapter, or to allege the
1242-21 absence of a license required under this chapter. The burden of proof
1243-22 is on the defendant to prove that he is exempt under section 2 of this
1244-23 chapter, or that he has a license as required under this chapter.
1245-24 (b) Whenever a person who has been arrested or charged with a
1246-25 violation of section 1 of this chapter presents a valid license to the
1247-26 prosecuting attorney or establishes that he is exempt under section 2 of
1248-27 this chapter, any prosecution for a violation of section 1 of this chapter
1249-28 shall be dismissed immediately, and all records of an arrest or
1250-29 proceedings following arrest shall be destroyed immediately.
1251-30 SECTION 15. IC 35-47-2.5-1, AS AMENDED BY P.L.152-2014,
1252-31 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1253-32 JULY 1, 2022]: Sec. 1. (a) Sections 2 through 5 of this chapter do not
1254-33 apply to the following:
1255-34 (1) Transactions between persons who are licensed as firearms
1256-35 importers or collectors or firearms manufacturers or dealers under
1257-36 18 U.S.C. 923.
1258-37 (2) Purchases by or sales to a law enforcement officer or agent of
1259-38 the United States, the state, or a county or local government.
1260-39 (3) Indiana residents licensed to carry handguns under
1261-40 IC 35-47-2-3. in possession of a license described in
1262-41 IC 35-47-2-3.
1263-42 (b) Notwithstanding any other provision of this chapter, the state
1219+1 (g) The following officers described in section 3(g) of this chapter
1220+2 who have at least twenty (20) years of service are exempt from the
1221+3 payment of fees for a lifetime qualified license or a lifetime unlimited
1222+4 license specified in subsections (b) and (c):
1223+5 (1) Police officers.
1224+6 (2) Sheriffs or their deputies.
1225+7 (3) Law enforcement officers of the United States government.
1226+8 (h) (c) Fees collected under this section shall be deposited in the
1227+9 state general fund.
1228+10 (i) (d) The superintendent may not issue a lifetime qualified license
1229+11 or a lifetime unlimited license to a person who is a resident of another
1230+12 state. The superintendent may issue a five (5) year qualified license or
1231+13 a five (5) year unlimited license to a person who is a resident of another
1232+14 state and who has a regular place of business or employment in Indiana
1233+15 as described in section 3(a)(3) of this chapter.
1234+16 (j) (e) A person who knowingly or intentionally violates this section
1235+17 commits a Class B misdemeanor.
1236+18 SECTION 14. IC 35-47-2-24 IS REPEALED [EFFECTIVE JULY
1237+19 1, 2022]. Sec. 24. (a) In an information or indictment brought for the
1238+20 enforcement of any provision of this chapter, it is not necessary to
1239+21 negate any exemption specified under this chapter, or to allege the
1240+22 absence of a license required under this chapter. The burden of proof
1241+23 is on the defendant to prove that he is exempt under section 2 of this
1242+24 chapter, or that he has a license as required under this chapter.
1243+25 (b) Whenever a person who has been arrested or charged with a
1244+26 violation of section 1 of this chapter presents a valid license to the
1245+27 prosecuting attorney or establishes that he is exempt under section 2 of
1246+28 this chapter, any prosecution for a violation of section 1 of this chapter
1247+29 shall be dismissed immediately, and all records of an arrest or
1248+30 proceedings following arrest shall be destroyed immediately.
1249+31 SECTION 15. IC 35-47-2.5-1, AS AMENDED BY P.L.152-2014,
1250+32 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1251+33 JULY 1, 2022]: Sec. 1. (a) Sections 2 through 5 of this chapter do not
1252+34 apply to the following:
1253+35 (1) Transactions between persons who are licensed as firearms
1254+36 importers or collectors or firearms manufacturers or dealers under
1255+37 18 U.S.C. 923.
1256+38 (2) Purchases by or sales to a law enforcement officer or agent of
1257+39 the United States, the state, or a county or local government.
1258+40 (3) Indiana residents licensed to carry handguns under
1259+41 IC 35-47-2-3. in possession of a license described in
1260+42 IC 35-47-2-3.
12641261 HB 1077—LS 6915/DI 144 30
1265-1 shall participate in the NICS if federal funds are available to assist the
1266-2 state in participating in the NICS. If:
1267-3 (1) the state participates in the NICS; and
1268-4 (2) there is a conflict between:
1269-5 (A) a provision of this chapter; and
1270-6 (B) a procedure required under the NICS;
1271-7 the procedure required under the NICS prevails over the conflicting
1272-8 provision of this chapter.
1273-9 SECTION 16. IC 35-47-11.1-4, AS AMENDED BY P.L.147-2014,
1274-10 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1275-11 JULY 1, 2022]: Sec. 4. This chapter may not be construed to prevent
1276-12 any of the following:
1277-13 (1) A law enforcement agency of a political subdivision from
1278-14 enacting and enforcing regulations pertaining to firearms,
1279-15 ammunition, or firearm accessories issued to or used by law
1280-16 enforcement officers in the course of their official duties.
1281-17 (2) Subject to IC 34-28-7-2, an employer from regulating or
1282-18 prohibiting the employees of the employer from carrying firearms
1283-19 and ammunition in the course of the employee's official duties.
1284-20 (3) A court or administrative law judge from hearing and
1285-21 resolving any case or controversy or issuing any opinion or order
1286-22 on a matter within the jurisdiction of the court or judge.
1287-23 (4) The enactment or enforcement of generally applicable zoning
1288-24 or business ordinances that apply to firearms businesses to the
1289-25 same degree as other similar businesses. However, a provision of
1290-26 an ordinance that is designed or enforced to effectively restrict or
1291-27 prohibit the sale, purchase, transfer, manufacture, or display of
1292-28 firearms, ammunition, or firearm accessories that is otherwise
1293-29 lawful under the laws of this state is void. A unit (as defined in
1294-30 IC 36-1-2-23) may not use the unit's planning and zoning powers
1295-31 under IC 36-7-4 to prohibit the sale of firearms within a
1296-32 prescribed distance of any other type of commercial property or
1297-33 of school property or other educational property.
1298-34 (5) Subject to IC 35-47-16-1, the enactment or enforcement of a
1299-35 provision prohibiting or restricting the possession of a firearm in
1300-36 any building that contains the courtroom of a circuit, superior,
1301-37 city, town, or small claims court. However, if a portion of the
1302-38 building is occupied by a residential tenant or private business,
1303-39 any provision restricting or prohibiting the possession of a firearm
1304-40 does not apply to the portion of the building that is occupied by
1305-41 the residential tenant or private business, or to common areas of
1306-42 the building used by a residential tenant or private business.
1262+1 (b) Notwithstanding any other provision of this chapter, the state
1263+2 shall participate in the NICS if federal funds are available to assist the
1264+3 state in participating in the NICS. If:
1265+4 (1) the state participates in the NICS; and
1266+5 (2) there is a conflict between:
1267+6 (A) a provision of this chapter; and
1268+7 (B) a procedure required under the NICS;
1269+8 the procedure required under the NICS prevails over the conflicting
1270+9 provision of this chapter.
1271+10 SECTION 16. IC 35-47-11.1-4, AS AMENDED BY P.L.147-2014,
1272+11 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1273+12 JULY 1, 2022]: Sec. 4. This chapter may not be construed to prevent
1274+13 any of the following:
1275+14 (1) A law enforcement agency of a political subdivision from
1276+15 enacting and enforcing regulations pertaining to firearms,
1277+16 ammunition, or firearm accessories issued to or used by law
1278+17 enforcement officers in the course of their official duties.
1279+18 (2) Subject to IC 34-28-7-2, an employer from regulating or
1280+19 prohibiting the employees of the employer from carrying firearms
1281+20 and ammunition in the course of the employee's official duties.
1282+21 (3) A court or administrative law judge from hearing and
1283+22 resolving any case or controversy or issuing any opinion or order
1284+23 on a matter within the jurisdiction of the court or judge.
1285+24 (4) The enactment or enforcement of generally applicable zoning
1286+25 or business ordinances that apply to firearms businesses to the
1287+26 same degree as other similar businesses. However, a provision of
1288+27 an ordinance that is designed or enforced to effectively restrict or
1289+28 prohibit the sale, purchase, transfer, manufacture, or display of
1290+29 firearms, ammunition, or firearm accessories that is otherwise
1291+30 lawful under the laws of this state is void. A unit (as defined in
1292+31 IC 36-1-2-23) may not use the unit's planning and zoning powers
1293+32 under IC 36-7-4 to prohibit the sale of firearms within a
1294+33 prescribed distance of any other type of commercial property or
1295+34 of school property or other educational property.
1296+35 (5) Subject to IC 35-47-16-1, the enactment or enforcement of a
1297+36 provision prohibiting or restricting the possession of a firearm in
1298+37 any building that contains the courtroom of a circuit, superior,
1299+38 city, town, or small claims court. However, if a portion of the
1300+39 building is occupied by a residential tenant or private business,
1301+40 any provision restricting or prohibiting the possession of a firearm
1302+41 does not apply to the portion of the building that is occupied by
1303+42 the residential tenant or private business, or to common areas of
13071304 HB 1077—LS 6915/DI 144 31
1308-1 (6) The enactment or enforcement of a provision prohibiting or
1309-2 restricting the intentional display of a firearm at a public meeting.
1310-3 (7) The enactment or enforcement of a provision prohibiting or
1311-4 restricting the possession of a firearm in a public hospital
1312-5 corporation that contains a secure correctional health unit that is
1313-6 staffed by a law enforcement officer twenty-four (24) hours a day.
1314-7 (8) The imposition of any restriction or condition placed on a
1315-8 person participating in:
1316-9 (A) a community corrections program (IC 11-12-1);
1317-10 (B) a forensic diversion program (IC 11-12-3.7); or
1318-11 (C) a pretrial diversion program (IC 33-39-1).
1319-12 (9) The enforcement or prosecution of the offense of criminal
1320-13 recklessness (IC 35-42-2-2) involving the use of a firearm.
1321-14 (10) For an event occurring on property leased from a political
1322-15 subdivision or municipal corporation by the promoter or organizer
1323-16 of the event:
1324-17 (A) the establishment, by the promoter or organizer, at the
1325-18 promoter's or organizer's own discretion, of rules of conduct or
1326-19 admission upon which attendance at or participation in the
1327-20 event is conditioned; or
1328-21 (B) the implementation or enforcement of the rules of conduct
1329-22 or admission described in clause (A) by a political subdivision
1330-23 or municipal corporation in connection with the event.
1331-24 (11) The enactment or enforcement of a provision prohibiting or
1332-25 restricting the possession of a firearm in a hospital established
1333-26 and operated under IC 16-22-2 or IC 16-23.
1334-27 (12) A unit from using the unit's planning and zoning powers
1335-28 under IC 36-7-4 to prohibit the sale of firearms within two
1336-29 hundred (200) feet of a school by a person having a business that
1337-30 did not sell firearms within two hundred (200) feet of a school
1338-31 before April 1, 1994.
1339-32 (13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23)
1340-33 from enacting or enforcing a provision prohibiting or restricting
1341-34 the possession of a firearm in a building owned or administered
1342-35 by the unit if:
1343-36 (A) metal detection devices are located at each public entrance
1344-37 to the building;
1345-38 (B) each public entrance to the building is staffed by at least
1346-39 one (1) law enforcement officer:
1347-40 (i) who has been adequately trained to conduct inspections
1348-41 of persons entering the building by use of metal detection
1349-42 devices and proper physical pat down searches; and
1305+1 the building used by a residential tenant or private business.
1306+2 (6) The enactment or enforcement of a provision prohibiting or
1307+3 restricting the intentional display of a firearm at a public meeting.
1308+4 (7) The enactment or enforcement of a provision prohibiting or
1309+5 restricting the possession of a firearm in a public hospital
1310+6 corporation that contains a secure correctional health unit that is
1311+7 staffed by a law enforcement officer twenty-four (24) hours a day.
1312+8 (8) The imposition of any restriction or condition placed on a
1313+9 person participating in:
1314+10 (A) a community corrections program (IC 11-12-1);
1315+11 (B) a forensic diversion program (IC 11-12-3.7); or
1316+12 (C) a pretrial diversion program (IC 33-39-1).
1317+13 (9) The enforcement or prosecution of the offense of criminal
1318+14 recklessness (IC 35-42-2-2) involving the use of a firearm.
1319+15 (10) For an event occurring on property leased from a political
1320+16 subdivision or municipal corporation by the promoter or organizer
1321+17 of the event:
1322+18 (A) the establishment, by the promoter or organizer, at the
1323+19 promoter's or organizer's own discretion, of rules of conduct or
1324+20 admission upon which attendance at or participation in the
1325+21 event is conditioned; or
1326+22 (B) the implementation or enforcement of the rules of conduct
1327+23 or admission described in clause (A) by a political subdivision
1328+24 or municipal corporation in connection with the event.
1329+25 (11) The enactment or enforcement of a provision prohibiting or
1330+26 restricting the possession of a firearm in a hospital established
1331+27 and operated under IC 16-22-2 or IC 16-23.
1332+28 (12) A unit from using the unit's planning and zoning powers
1333+29 under IC 36-7-4 to prohibit the sale of firearms within two
1334+30 hundred (200) feet of a school by a person having a business that
1335+31 did not sell firearms within two hundred (200) feet of a school
1336+32 before April 1, 1994.
1337+33 (13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23)
1338+34 from enacting or enforcing a provision prohibiting or restricting
1339+35 the possession of a firearm in a building owned or administered
1340+36 by the unit if:
1341+37 (A) metal detection devices are located at each public entrance
1342+38 to the building;
1343+39 (B) each public entrance to the building is staffed by at least
1344+40 one (1) law enforcement officer:
1345+41 (i) who has been adequately trained to conduct inspections
1346+42 of persons entering the building by use of metal detection
13501347 HB 1077—LS 6915/DI 144 32
1351-1 (ii) when the building is open to the public; and
1352-2 (C) each:
1353-3 (i) individual who enters the building through the public
1354-4 entrance when the building is open to the public; and
1355-5 (ii) bag, package, and other container carried by the
1356-6 individual;
1357-7 is inspected by a law enforcement officer described in clause
1358-8 (B).
1359-9 However, except as provided in subdivision (5) concerning a
1360-10 building that contains a courtroom, a unit may not prohibit or
1361-11 restrict the possession of a handgun under this subdivision in a
1362-12 building owned or administered by the unit if the person who
1363-13 possesses the handgun has been issued a valid license to carry the
1364-14 handgun under IC 35-47-2. is not otherwise prohibited from
1365-15 carrying or possessing a handgun.
1366-16 SECTION 17. IC 35-50-2-13, AS AMENDED BY P.L.84-2015,
1367-17 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1368-18 JULY 1, 2022]: Sec. 13. (a) The state may seek, on a page separate
1369-19 from the rest of a charging instrument, to have a person who allegedly
1370-20 committed an offense of dealing in a controlled substance under
1371-21 IC 35-48-4-1 through IC 35-48-4-4 sentenced to an additional fixed
1372-22 term of imprisonment if the state can show beyond a reasonable doubt
1373-23 that the person knowingly or intentionally:
1374-24 (1) used a firearm; or
1375-25 (2) possessed a:
1376-26 (A) handgun in violation of IC 35-47-2-1; IC 35-47-2-1.5;
1377-27 (B) sawed-off shotgun in violation of federal law; or
1378-28 (C) machine gun in violation of IC 35-47-5-8;
1379-29 while committing the offense.
1380-30 (b) If the person was convicted of the offense in a jury trial, the jury
1381-31 shall reconvene to hear evidence in the enhancement hearing. If the
1382-32 trial was to the court, or the judgment was entered on a guilty plea, the
1383-33 court alone shall hear evidence in the enhancement hearing.
1384-34 (c) If the jury (if the hearing is by jury) or the court (if the hearing
1385-35 is to the court alone) finds that the state has proved beyond a
1386-36 reasonable doubt that the person knowingly or intentionally committed
1387-37 an offense as described in subsection (a), the court may sentence the
1388-38 person to an additional fixed term of imprisonment of not more than
1389-39 five (5) years, except as follows:
1390-40 (1) If the firearm is a sawed-off shotgun, the court may sentence
1391-41 the person to an additional fixed term of imprisonment of not
1392-42 more than ten (10) years.
1348+1 devices and proper physical pat down searches; and
1349+2 (ii) when the building is open to the public; and
1350+3 (C) each:
1351+4 (i) individual who enters the building through the public
1352+5 entrance when the building is open to the public; and
1353+6 (ii) bag, package, and other container carried by the
1354+7 individual;
1355+8 is inspected by a law enforcement officer described in clause
1356+9 (B).
1357+10 However, except as provided in subdivision (5) concerning a
1358+11 building that contains a courtroom, a unit may not prohibit or
1359+12 restrict the possession of a handgun under this subdivision in a
1360+13 building owned or administered by the unit if the person who
1361+14 possesses the handgun has been issued a valid license to carry the
1362+15 handgun under IC 35-47-2. is not otherwise prohibited from
1363+16 carrying or possessing a handgun.
1364+17 SECTION 17. IC 35-50-2-13, AS AMENDED BY P.L.84-2015,
1365+18 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1366+19 JULY 1, 2022]: Sec. 13. (a) The state may seek, on a page separate
1367+20 from the rest of a charging instrument, to have a person who allegedly
1368+21 committed an offense of dealing in a controlled substance under
1369+22 IC 35-48-4-1 through IC 35-48-4-4 sentenced to an additional fixed
1370+23 term of imprisonment if the state can show beyond a reasonable doubt
1371+24 that the person knowingly or intentionally:
1372+25 (1) used a firearm; or
1373+26 (2) possessed a:
1374+27 (A) handgun in violation of IC 35-47-2-1; IC 35-47-2-1.5;
1375+28 (B) sawed-off shotgun in violation of federal law; or
1376+29 (C) machine gun in violation of IC 35-47-5-8;
1377+30 while committing the offense.
1378+31 (b) If the person was convicted of the offense in a jury trial, the jury
1379+32 shall reconvene to hear evidence in the enhancement hearing. If the
1380+33 trial was to the court, or the judgment was entered on a guilty plea, the
1381+34 court alone shall hear evidence in the enhancement hearing.
1382+35 (c) If the jury (if the hearing is by jury) or the court (if the hearing
1383+36 is to the court alone) finds that the state has proved beyond a
1384+37 reasonable doubt that the person knowingly or intentionally committed
1385+38 an offense as described in subsection (a), the court may sentence the
1386+39 person to an additional fixed term of imprisonment of not more than
1387+40 five (5) years, except as follows:
1388+41 (1) If the firearm is a sawed-off shotgun, the court may sentence
1389+42 the person to an additional fixed term of imprisonment of not
13931390 HB 1077—LS 6915/DI 144 33
1394-1 (2) If the firearm is a machine gun or is equipped with a firearm
1395-2 silencer or firearm muffler, the court may sentence the person to
1396-3 an additional fixed term of imprisonment of not more than twenty
1397-4 (20) years. The additional sentence under this subdivision is in
1398-5 addition to any additional sentence imposed under section 11 of
1399-6 this chapter for use of a firearm in the commission of an offense.
1391+1 more than ten (10) years.
1392+2 (2) If the firearm is a machine gun or is equipped with a firearm
1393+3 silencer or firearm muffler, the court may sentence the person to
1394+4 an additional fixed term of imprisonment of not more than twenty
1395+5 (20) years. The additional sentence under this subdivision is in
1396+6 addition to any additional sentence imposed under section 11 of
1397+7 this chapter for use of a firearm in the commission of an offense.
14001398 HB 1077—LS 6915/DI 144 34
14011399 COMMITTEE REPORT
14021400 Mr. Speaker: Your Committee on Public Policy, to which was
14031401 referred House Bill 1077, has had the same under consideration and
14041402 begs leave to report the same back to the House with the
14051403 recommendation that said bill do pass.
14061404 (Reference is to HB 1077 as introduced.)
14071405 SMALTZ
14081406 Committee Vote: Yeas 9, Nays 3
1409-_____
1410-HOUSE MOTION
1411-Mr. Speaker: I move that House Bill 1077 be amended to read as
1412-follows:
1413-Page 12, line 16, after "handgun)" delete "if the violation of
1414-IC 35-47-2-1.5 occurred during" and insert ", if charged as a felony;".
1415-Page 12, delete line 17.
1416-(Reference is to HB 1077 as printed January 6, 2022.)
1417-CLERE
14181407 HB 1077—LS 6915/DI 144