Indiana 2023 Regular Session

Indiana House Bill HB1366 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1366
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-31.5-2; IC 35-47.
7	7	Synopsis: Firearm storage. Prohibits a person from keeping or storing
8	8	a loaded firearm on any premises controlled by the person if the person
9	9	knows, or reasonably should know, that a child is likely to gain access
10	10	to the firearm. Provides that a child's possession of a firearm resulting
11	11	from a person's knowing or intentional failure to secure a firearm is a
12	12	Class C misdemeanor. Provides that the offense is a Class B
13	13	misdemeanor if the person has a prior unrelated conviction for the
14	14	offense. Specifies certain defenses. Provides that a child's use of an
15	15	unsecured firearm resulting in injury or death to any other person due
16	16	to a person's knowing or intentional failure to secure a firearm is a
17	17	Class A misdemeanor. Provides that the offense is a Level 6 felony if
18	18	the person has a prior unrelated conviction for the offense. Specifies
19	19	certain defenses. Specifies certain sign requirements for retail dealers.
20	20	Defines certain terms. Makes conforming amendments.
21	21	Effective: July 1, 2023.
22	22	Gore, Hamilton
23	23	January 17, 2023, read first time and referred to Committee on Courts and Criminal Code.
24	24	2023 IN 1366—LS 6495/DI 144 Introduced
25	25	First Regular Session of the 123rd General Assembly (2023)
26	26	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	27	Constitution) is being amended, the text of the existing provision will appear in this style type,
28	28	additions will appear in this style type, and deletions will appear in this style type.
29	29	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	30	provision adopted), the text of the new provision will appear in this style type. Also, the
31	31	word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	32	a new provision to the Indiana Code or the Indiana Constitution.
33	33	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	34	between statutes enacted by the 2022 Regular Session of the General Assembly.
35	35	HOUSE BILL No. 1366
36	36	A BILL FOR AN ACT to amend the Indiana Code concerning
37	37	criminal law and procedure.
38	38	Be it enacted by the General Assembly of the State of Indiana:
39	39	1 SECTION 1. IC 35-31.5-2-19.5 IS ADDED TO THE INDIANA
40	40	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
41	41	3 [EFFECTIVE JULY 1, 2023]: Sec. 19.5. "Antique firearm", for
42	42	4 purposes of IC 35-47-1.5, has the meaning set forth in
43	43	5 IC 35-47-1.5-1.
44	44	6 SECTION 2. IC 35-31.5-2-38, AS AMENDED BY P.L.252-2017,
45	45	7 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46	46	8 JULY 1, 2023]: Sec. 38. "Child", for purposes of IC 35-46-1-8,
47	47	9 IC 35-47-10, and IC 35-44.1-5-5, and IC 35-47-1.5, has the meaning
48	48	10 set forth in IC 35-47-10-3.
49	49	11 SECTION 3. IC 35-31.5-2-171.3 IS ADDED TO THE INDIANA
50	50	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
51	51	13 [EFFECTIVE JULY 1, 2023]: Sec. 171.3. "Inoperable firearm", for
52	52	14 purposes of IC 35-47-1.5, has the meaning set forth in
53	53	15 IC 35-47-1.5-3.
54	54	16 SECTION 4. IC 35-31.5-2-188.1 IS ADDED TO THE INDIANA
55	55	17 CODE AS A NEW SECTION TO READ AS FOLLOWS
56	56	2023 IN 1366—LS 6495/DI 144 2
57	57	1 [EFFECTIVE JULY 1, 2023]: Sec. 188.1. "Loaded firearm", for
58	58	2 purposes of IC 35-47-1.5, has the meaning set forth in
59	59	3 IC 35-47-1.5-4.
60	60	4 SECTION 5. IC 35-31.5-2-288.5 IS ADDED TO THE INDIANA
61	61	5 CODE AS A NEW SECTION TO READ AS FOLLOWS
62	62	6 [EFFECTIVE JULY 1, 2023]: Sec. 288.5. "Secures", for purposes of
63	63	7 IC 35-47-1.5, has the meaning set forth in IC 35-47-1.5-5.
64	64	8 SECTION 6. IC 35-47-1.5 IS ADDED TO THE INDIANA CODE
65	65	9 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
66	66	10 JULY 1, 2023]:
67	67	11 Chapter 1.5. Storage of Firearms
68	68	12 Sec. 1. As used in this chapter, "antique firearm" has the
69	69	13 meaning set forth in 18 U.S.C. 921(a)(16).
70	70	14 Sec. 2. As used in this chapter, "child" has the meaning set forth
71	71	15 in IC 35-47-10-3.
72	72	16 Sec. 3. As used in this chapter, "inoperable firearm" means a
73	73	17 firearm that is permanently unable to discharge or expel a
74	74	18 projectile by means of an explosion. The term does not include any
75	75	19 firearm that may be modified to discharge or expel a projectile by
76	76	20 means of an explosion.
77	77	21 Sec. 4. As used in this chapter, "loaded firearm" means a
78	78	22 firearm with one (1) or more of the following characteristics:
79	79	23 (1) A bullet, cartridge, projectile, or round in the breech,
80	80	24 chamber, or cylinder of the firearm.
81	81	25 (2) Ammunition in close proximity to the firearm so that a
82	82	26 person can readily insert the ammunition into the firearm.
83	83	27 (3) Ammunition that is:
84	84	28 (A) inserted or stored inside:
85	85	29 (i) the firing chamber;
86	86	30 (ii) a cylinder; or
87	87	31 (iii) a fixed magazine;
88	88	32 of the firearm; or
89	89	33 (B) housed or stored inside a detachable magazine for the
90	90	34 firearm.
91	91	35 Sec. 5. As used in this chapter, "secures" means to prevent
92	92	36 access to a firearm. The term includes the following:
93	93	37 (1) Placing or storing the firearm in a locked container.
94	94	38 (2) Temporarily rendering the firearm inoperable by:
95	95	39 (A) use of a trigger lock, bore lock, cable lock, or
96	96	40 comparable device; or
97	97	41 (B) disassembling the firearm in a manner that prevents
98	98	42 the firearm from operating.
99	99	2023 IN 1366—LS 6495/DI 144 3
100	100	1 Sec. 6. (a) This chapter does not apply to the following:
101	101	2 (1) Antique firearms.
102	102	3 (2) Inoperable firearms.
103	103	4 (3) A person who secures a firearm against unauthorized
104	104	5 access.
105	105	6 (4) A person who carries a firearm:
106	106	7 (A) on his or her person; or
107	107	8 (B) in such proximity to his or her person that the firearm
108	108	9 may be readily retrieved and used.
109	109	10 (5) Any use of a firearm described in IC 35-47-10-1(b).
110	110	11 (6) Any possession of a firearm described in IC 34-28-7.
111	111	12 (b) It is unlawful for a person to knowingly or intentionally
112	112	13 store or keep a loaded firearm on any premises under the person's
113	113	14 control if the person knows, or reasonably should know, that a
114	114	15 child is likely to gain access to the firearm.
115	115	16 (c) If:
116	116	17 (1) a person described in subsection (b) fails to secure a
117	117	18 firearm; and
118	118	19 (2) a child obtains possession of the unsecured firearm;
119	119	20 the person responsible for control of the premises commits unsafe
120	120	21 storage of a firearm, a Class C misdemeanor. However, the offense
121	121	22 is a Class B misdemeanor if the person has a prior, unrelated
122	122	23 conviction for an offense under this section.
123	123	24 (d) If:
124	124	25 (1) a person described in subsection (b) fails to secure a
125	125	26 firearm; and
126	126	27 (2) use of the unsecured firearm by a child results in:
127	127	28 (A) any injury to; or
128	128	29 (B) the death of;
129	129	30 any other person;
130	130	31 the person responsible for control of the premises commits
131	131	32 dangerous storage of a firearm, a Class A misdemeanor. However,
132	132	33 the offense is a Level 6 felony if the person has a prior, unrelated
133	133	34 conviction for an offense under this section.
134	134	35 (e) It is a defense to a prosecution under subsection (c) that the
135	135	36 possession of the firearm by a child was the result of the
136	136	37 commission of an act that would be an offense described in one (1)
137	137	38 or more of the following sections if committed by an adult:
138	138	39 (1) Burglary (IC 35-43-2-1).
139	139	40 (2) Residential entry (IC 35-43-2-1.5).
140	140	41 (3) Robbery (IC 35-42-5-1).
141	141	42 (4) Theft (IC 35-43-4-2).
142	142	2023 IN 1366—LS 6495/DI 144 4
143	143	1 (5) Criminal conversion (IC 35-43-4-3).
144	144	2 (f) It is a defense to a prosecution under subsection (d) that the
145	145	3 injury or death inflicted on the other person occurred during a
146	146	4 lawful act of:
147	147	5 (1) self-defense; or
148	148	6 (2) defense of a third party.
149	149	7 SECTION 7. IC 35-47-2-14.5 IS ADDED TO THE INDIANA
150	150	8 CODE AS A NEW SECTION TO READ AS FOLLOWS
151	151	9 [EFFECTIVE JULY 1, 2023]: Sec. 14.5. (a) A retail dealer shall
152	152	10 conspicuously display at the site of the retail dealer's business a
153	153	11 sign with the following language:
154	154	12 "IT IS UNLAWFUL TO LEAVE AN UNSECURED FIREARM
155	155	13 IN A LOCATION WHERE CHILDREN ARE LIKELY TO BE
156	156	14 AND MAY OBTAIN ACCESS TO THE FIREARM.".
157	157	15 (b) A retail dealer who knowingly or intentionally violates
158	158	16 subsection (a) commits a Class C infraction. However, the violation
159	159	17 is a Class A infraction if the retail dealer has a prior unrelated
160	160	18 adjudication for the violation.
161	161	2023 IN 1366—LS 6495/DI 144