Indiana 2023 Regular Session

Indiana Senate Bill SB0360 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 360
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-2-1-9; IC 11-13-1-3.5; IC 14-16-1-23;
7	7	IC 31-30-1-4; IC 34-30-2.1-566.5; IC 35-31.5-2; IC 35-33-1-1;
8	8	IC 35-47; IC 35-50-2-13.
9	9	Synopsis: Firearms matters. Repeals the offense of unlawful carrying
10	10	of a handgun. Makes it a Class A misdemeanor to carry a handgun
11	11	without being licensed to carry a handgun. Specifies exceptions.
12	12	Enhances the offense to a Level 5 felony in particular instances.
13	13	Provides that a person who has been convicted of domestic battery may
14	14	not possess or carry a handgun unless the right has been restored.
15	15	Allows a person who is protected by a protection order and meets other
16	16	requirements to carry a handgun without a license for 60 days after the
17	17	protection order is issued. Provides that licenses to carry handguns are
18	18	either qualified or unlimited and describes the distinction between the
19	19	two. Specifies the burden of proof and grounds for dismissal for certain
20	20	firearms offenses. Requires a person wishing to sell, trade, or transfer
21	21	(transfer) a firearm to another person to transact the transfer through a
22	22	dealer and provide the dealer with certain information. Specifies the
23	23	background checks that a dealer must complete prior to the transaction.
24	24	Permits a dealer to refuse to transact a firearm transfer. Requires a
25	25	dealer to abort the transaction in other instances. Specifies
26	26	requirements for a dealer who refuses to transact or aborts a firearm
27	27	transfer. Makes a dealer immune from civil liability and damages in
28	28	certain instances. Makes the offenses of firearm transfer fraud and the
29	29	unlawful transfer of a firearm Level 6 felonies. Enhances both offenses
30	30	in particular instances. Specifies exceptions and defenses. Requires a
31	31	person to: (1) complete certain firearms safety training; and (2) present
32	32	a certificate of completion of that training to a dealer; before
33	33	purchasing a firearm. Prohibits a dealer from selling a firearm to a
34	34	person who does not present a certificate of completion. Makes it a
35	35	(Continued next page)
36	36	Effective: Upon passage; July 1, 2023.
37	37	Qaddoura
38	38	January 12, 2023, read first time and referred to Committee on Corrections and Criminal
39	39	Law.
40	40	2023 IN 360—LS 7093/DI 144 Digest Continued
41	41	Class A misdemeanor for a: (1) dealer; (2) person approved to provide
42	42	firearms training; or (3) prospective firearms purchaser; to commit
43	43	certain offenses concerning a certificate of completion. Makes it a
44	44	Class A misdemeanor for a dealer to fail to provide a safe storage
45	45	device at the time of transacting a sale, trade, or transfer of a firearm.
46	46	Provides that the prohibition on a political subdivision's regulation of
47	47	certain matters concerning firearms does not apply to a county with a
48	48	consolidated city. Defines terms. Makes conforming amendments and
49	49	technical corrections.
50	50	2023 IN 360—LS 7093/DI 1442023 IN 360—LS 7093/DI 144 Introduced
51	51	First Regular Session of the 123rd General Assembly (2023)
52	52	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
53	53	Constitution) is being amended, the text of the existing provision will appear in this style type,
54	54	additions will appear in this style type, and deletions will appear in this style type.
55	55	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
56	56	provision adopted), the text of the new provision will appear in this style type. Also, the
57	57	word NEW will appear in that style type in the introductory clause of each SECTION that adds
58	58	a new provision to the Indiana Code or the Indiana Constitution.
59	59	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
60	60	between statutes enacted by the 2022 Regular Session of the General Assembly.
61	61	SENATE BILL No. 360
62	62	A BILL FOR AN ACT to amend the Indiana Code concerning
63	63	criminal law and procedure.
64	64	Be it enacted by the General Assembly of the State of Indiana:
65	65	1 SECTION 1. IC 5-2-1-9, AS AMENDED BY THE TECHNICAL
66	66	2 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
67	67	3 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
68	68	4 PASSAGE]: Sec. 9. (a) The board shall adopt in accordance with
69	69	5 IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
70	70	6 The rules, which shall be adopted only after necessary and proper
71	71	7 investigation and inquiry by the board, shall include the establishment
72	72	8 of the following:
73	73	9 (1) A consistent and uniform statewide deadly force policy and
74	74	10 training program, that is consistent with state and federal law.
75	75	11 Upon adoption by the law enforcement training board, the policy
76	76	12 and training program must be implemented, without modification,
77	77	13 by all Indiana law enforcement agencies, offices, or departments.
78	78	14 (2) A consistent and uniform statewide defensive tactics policy
79	79	15 and training program, that is consistent with state and federal law.
80	80	2023 IN 360—LS 7093/DI 144 2
81	81	1 Upon adoption by the law enforcement training board, the policy
82	82	2 and training program must be implemented, without modification,
83	83	3 by all Indiana law enforcement agencies, offices, or departments.
84	84	4 (3) A uniform statewide minimum standard for vehicle pursuits
85	85	5 consistent with state and federal law.
86	86	6 (4) Minimum standards of physical, educational, mental, and
87	87	7 moral fitness which shall govern the acceptance of any person for
88	88	8 training by any law enforcement training school or academy
89	89	9 meeting or exceeding the minimum standards established
90	90	10 pursuant to this chapter.
91	91	11 (5) Minimum standards for law enforcement training schools
92	92	12 administered by towns, cities, counties, law enforcement training
93	93	13 centers, agencies, or departments of the state.
94	94	14 (6) Minimum standards for courses of study, attendance
95	95	15 requirements, equipment, and facilities for approved town, city,
96	96	16 county, and state law enforcement officer, police reserve officer,
97	97	17 and conservation reserve officer training schools.
98	98	18 (7) Minimum standards for a course of study on cultural diversity
99	99	19 awareness, including training on the U nonimmigrant visa created
100	100	20 through the federal Victims of Trafficking and Violence
101	101	21 Protection Act of 2000 (P.L. 106-386) that must be required for
102	102	22 each person accepted for training at a law enforcement training
103	103	23 school or academy. Cultural diversity awareness study must
104	104	24 include an understanding of cultural issues related to race,
105	105	25 religion, gender, age, domestic violence, national origin, and
106	106	26 physical and mental disabilities.
107	107	27 (8) Minimum qualifications for instructors at approved law
108	108	28 enforcement training schools.
109	109	29 (9) Minimum basic training requirements which law enforcement
110	110	30 officers appointed to probationary terms shall complete before
111	111	31 being eligible for continued or permanent employment.
112	112	32 (10) Minimum basic training requirements which law
113	113	33 enforcement officers appointed on other than a permanent basis
114	114	34 shall complete in order to be eligible for continued employment
115	115	35 or permanent appointment.
116	116	36 (11) Minimum basic training requirements which law
117	117	37 enforcement officers appointed on a permanent basis shall
118	118	38 complete in order to be eligible for continued employment.
119	119	39 (12) Minimum basic training requirements for each person
120	120	40 accepted for training at a law enforcement training school or
121	121	41 academy that include six (6) hours of training in interacting with:
122	122	42 (A) persons with autism, mental illness, addictive disorders,
123	123	2023 IN 360—LS 7093/DI 144 3
124	124	1 intellectual disabilities, and developmental disabilities;
125	125	2 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
126	126	3 and
127	127	4 (C) persons with Alzheimer's disease or related senile
128	128	5 dementia;
129	129	6 to be provided by persons approved by the secretary of family and
130	130	7 social services and the board. The training must include an
131	131	8 overview of the crisis intervention teams.
132	132	9 (13) Minimum standards for a course of study on human and
133	133	10 sexual trafficking that must be required for each person accepted
134	134	11 for training at a law enforcement training school or academy and
135	135	12 for inservice training programs for law enforcement officers. The
136	136	13 course must cover the following topics:
137	137	14 (A) Examination of the human and sexual trafficking laws (IC
138	138	15 35-42-3.5).
139	139	16 (B) Identification of human and sexual trafficking.
140	140	17 (C) Communicating with traumatized persons.
141	141	18 (D) Therapeutically appropriate investigative techniques.
142	142	19 (E) Collaboration with federal law enforcement officials.
143	143	20 (F) Rights of and protections afforded to victims.
144	144	21 (G) Providing documentation that satisfies the Declaration of
145	145	22 Law Enforcement Officer for Victim of Trafficking in Persons
146	146	23 (Form I-914, Supplement B) requirements established under
147	147	24 federal law.
148	148	25 (H) The availability of community resources to assist human
149	149	26 and sexual trafficking victims.
150	150	27 (14) Minimum standards for ongoing specialized, intensive, and
151	151	28 integrative training for persons responsible for investigating
152	152	29 sexual assault cases involving adult victims. This training must
153	153	30 include instruction on:
154	154	31 (A) the neurobiology of trauma;
155	155	32 (B) trauma informed interviewing; and
156	156	33 (C) investigative techniques.
157	157	34 (15) Minimum standards for de-escalation training. De-escalation
158	158	35 training shall be taught as a part of existing use-of-force training
159	159	36 and not as a separate topic.
160	160	37 (16) Minimum standards regarding best practices for crowd
161	161	38 control, protests, and First Amendment activities.
162	162	39 All statewide policies and minimum standards shall be documented in
163	163	40 writing and published on the Indiana law enforcement academy
164	164	41 (ILEA) website. Any policy, standard, or training program
165	165	42 implemented, adopted, or promulgated by a vote of the board may only
166	166	2023 IN 360—LS 7093/DI 144 4
167	167	1 subsequently be modified or rescinded by a two-thirds (2/3) majority
168	168	2 vote of the board.
169	169	3 (b) A law enforcement officer appointed after July 5, 1972, and
170	170	4 before July 1, 1993, may not enforce the laws or ordinances of the state
171	171	5 or any political subdivision unless the officer has, within one (1) year
172	172	6 from the date of appointment, successfully completed the minimum
173	173	7 basic training requirements established under this chapter by the board.
174	174	8 If a person fails to successfully complete the basic training
175	175	9 requirements within one (1) year from the date of employment, the
176	176	10 officer may not perform any of the duties of a law enforcement officer
177	177	11 involving control or direction of members of the public or exercising
178	178	12 the power of arrest until the officer has successfully completed the
179	179	13 training requirements. This subsection does not apply to any law
180	180	14 enforcement officer appointed before July 6, 1972, or after June 30,
181	181	15 1993.
182	182	16 (c) Military leave or other authorized leave of absence from law
183	183	17 enforcement duty during the first year of employment after July 6,
184	184	18 1972, shall toll the running of the first year, which shall be calculated
185	185	19 by the aggregate of the time before and after the leave, for the purposes
186	186	20 of this chapter.
187	187	21 (d) Except as provided in subsections (e), (m), (t), and (u), a law
188	188	22 enforcement officer appointed to a law enforcement department or
189	189	23 agency after June 30, 1993, may not:
190	190	24 (1) make an arrest;
191	191	25 (2) conduct a search or a seizure of a person or property; or
192	192	26 (3) carry a firearm;
193	193	27 unless the law enforcement officer successfully completes, at a board
194	194	28 certified law enforcement academy or at a law enforcement training
195	195	29 center under section 10.5 or 15.2 of this chapter, the basic training
196	196	30 requirements established by the board under this chapter.
197	197	31 (e) This subsection does not apply to:
198	198	32 (1) a gaming agent employed as a law enforcement officer by the
199	199	33 Indiana gaming commission; or
200	200	34 (2) an:
201	201	35 (A) attorney; or
202	202	36 (B) investigator;
203	203	37 designated by the securities commissioner as a police officer of
204	204	38 the state under IC 23-19-6-1(k).
205	205	39 Before a law enforcement officer appointed after June 30, 1993,
206	206	40 completes the basic training requirements, the law enforcement officer
207	207	41 may exercise the police powers described in subsection (d) if the
208	208	42 officer successfully completes the pre-basic course established in
209	209	2023 IN 360—LS 7093/DI 144 5
210	210	1 subsection (f). Successful completion of the pre-basic course authorizes
211	211	2 a law enforcement officer to exercise the police powers described in
212	212	3 subsection (d) for one (1) year after the date the law enforcement
213	213	4 officer is appointed.
214	214	5 (f) The board shall adopt rules under IC 4-22-2 to establish a
215	215	6 pre-basic course for the purpose of training:
216	216	7 (1) law enforcement officers;
217	217	8 (2) police reserve officers (as described in IC 36-8-3-20); and
218	218	9 (3) conservation reserve officers (as described in IC 14-9-8-27);
219	219	10 regarding the subjects of arrest, search and seizure, the lawful use of
220	220	11 force, de-escalation training, interacting with individuals with autism,
221	221	12 and the operation of an emergency vehicle. The pre-basic course must
222	222	13 be offered on a periodic basis throughout the year at regional sites
223	223	14 statewide. The pre-basic course must consist of at least forty (40) hours
224	224	15 of course work. The board may prepare the classroom part of the
225	225	16 pre-basic course using available technology in conjunction with live
226	226	17 instruction. The board shall provide the course material, the instructors,
227	227	18 and the facilities at the regional sites throughout the state that are used
228	228	19 for the pre-basic course. In addition, the board may certify pre-basic
229	229	20 courses that may be conducted by other public or private training
230	230	21 entities, including postsecondary educational institutions.
231	231	22 (g) Subject to subsection (h), the board shall adopt rules under
232	232	23 IC 4-22-2 to establish a mandatory inservice training program for
233	233	24 police officers and police reserve officers (as described in
234	234	25 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
235	235	26 satisfactorily completed basic training and has been appointed to a law
236	236	27 enforcement department or agency on either a full-time or part-time
237	237	28 basis is not eligible for continued employment unless the officer
238	238	29 satisfactorily completes the mandatory inservice training requirements
239	239	30 established by rules adopted by the board. Inservice training must
240	240	31 include de-escalation training. Inservice training must also include
241	241	32 training in interacting with persons with mental illness, addictive
242	242	33 disorders, intellectual disabilities, autism, developmental disabilities,
243	243	34 and Alzheimer's disease or related senile dementia, to be provided by
244	244	35 persons approved by the secretary of family and social services and the
245	245	36 board, and training concerning human and sexual trafficking and high
246	246	37 risk missing persons (as defined in IC 5-2-17-1). The board may
247	247	38 approve courses offered by other public or private training entities,
248	248	39 including postsecondary educational institutions, as necessary in order
249	249	40 to ensure the availability of an adequate number of inservice training
250	250	41 programs. The board may waive an officer's inservice training
251	251	42 requirements if the board determines that the officer's reason for
252	252	2023 IN 360—LS 7093/DI 144 6
253	253	1 lacking the required amount of inservice training hours is due to either
254	254	2 an emergency situation or the unavailability of courses.
255	255	3 (h) This subsection applies only to a mandatory inservice training
256	256	4 program under subsection (g). Notwithstanding subsection (g), the
257	257	5 board may, without adopting rules under IC 4-22-2, modify the course
258	258	6 work of a training subject matter, modify the number of hours of
259	259	7 training required within a particular subject matter, or add a new
260	260	8 subject matter, if the board satisfies the following requirements:
261	261	9 (1) The board must conduct at least two (2) public meetings on
262	262	10 the proposed modification or addition.
263	263	11 (2) After approving the modification or addition at a public
264	264	12 meeting, the board must post notice of the modification or
265	265	13 addition on the Indiana law enforcement academy's Internet web
266	266	14 site website at least thirty (30) days before the modification or
267	267	15 addition takes effect.
268	268	16 If the board does not satisfy the requirements of this subsection, the
269	269	17 modification or addition is void. This subsection does not authorize the
270	270	18 board to eliminate any inservice training subject matter required under
271	271	19 subsection (g).
272	272	20 (i) The board shall also adopt rules establishing a town marshal
273	273	21 basic training program, subject to the following:
274	274	22 (1) The program must require fewer hours of instruction and class
275	275	23 attendance and fewer courses of study than are required for the
276	276	24 mandated basic training program.
277	277	25 (2) Certain parts of the course materials may be studied by a
278	278	26 candidate at the candidate's home in order to fulfill requirements
279	279	27 of the program.
280	280	28 (3) Law enforcement officers successfully completing the
281	281	29 requirements of the program are eligible for appointment only in
282	282	30 towns employing the town marshal system (IC 36-5-7) and having
283	283	31 not more than one (1) marshal and two (2) deputies.
284	284	32 (4) The limitation imposed by subdivision (3) does not apply to an
285	285	33 officer who has successfully completed the mandated basic
286	286	34 training program.
287	287	35 (5) The time limitations imposed by subsections (b) and (c) for
288	288	36 completing the training are also applicable to the town marshal
289	289	37 basic training program.
290	290	38 (6) The program must require training in interacting with
291	291	39 individuals with autism.
292	292	40 (j) The board shall adopt rules under IC 4-22-2 to establish an
293	293	41 executive training program. The executive training program must
294	294	42 include training in the following areas:
295	295	2023 IN 360—LS 7093/DI 144 7
296	296	1 (1) Liability.
297	297	2 (2) Media relations.
298	298	3 (3) Accounting and administration.
299	299	4 (4) Discipline.
300	300	5 (5) Department policy making.
301	301	6 (6) Lawful use of force and de-escalation training.
302	302	7 (7) Department programs.
303	303	8 (8) Emergency vehicle operation.
304	304	9 (9) Cultural diversity.
305	305	10 (k) A police chief shall apply for admission to the executive training
306	306	11 program within two (2) months of the date the police chief initially
307	307	12 takes office. A police chief must successfully complete the executive
308	308	13 training program within six (6) months of the date the police chief
309	309	14 initially takes office. However, if space in the executive training
310	310	15 program is not available at a time that will allow completion of the
311	311	16 executive training program within six (6) months of the date the police
312	312	17 chief initially takes office, the police chief must successfully complete
313	313	18 the next available executive training program that is offered after the
314	314	19 police chief initially takes office.
315	315	20 (l) A police chief who fails to comply with subsection (k) may not
316	316	21 continue to serve as the police chief until completion of the executive
317	317	22 training program. For the purposes of this subsection and subsection
318	318	23 (k), "police chief" refers to:
319	319	24 (1) the police chief of any city;
320	320	25 (2) the police chief of any town having a metropolitan police
321	321	26 department; and
322	322	27 (3) the chief of a consolidated law enforcement department
323	323	28 established under IC 36-3-1-5.1.
324	324	29 A town marshal is not considered to be a police chief for these
325	325	30 purposes, but a town marshal may enroll in the executive training
326	326	31 program.
327	327	32 (m) A fire investigator in the department of homeland security
328	328	33 appointed after December 31, 1993, is required to comply with the
329	329	34 basic training standards established under this chapter.
330	330	35 (n) The board shall adopt rules under IC 4-22-2 to establish a
331	331	36 program to certify handgun safety courses, including courses offered
332	332	37 in the private sector, that meet standards approved by the board for
333	333	38 training probation officers in handgun safety as required by
334	334	39 IC 11-13-1-3.5(2). IC 11-13-1-3.5(3).
335	335	40 (o) The board shall adopt rules under IC 4-22-2 to establish a
336	336	41 refresher course for an officer who:
337	337	42 (1) is hired by an Indiana law enforcement department or agency
338	338	2023 IN 360—LS 7093/DI 144 8
339	339	1 as a law enforcement officer;
340	340	2 (2) has not been employed as a law enforcement officer for:
341	341	3 (A) at least two (2) years; and
342	342	4 (B) less than six (6) years before the officer is hired under
343	343	5 subdivision (1); and
344	344	6 (3) completed at any time a basic training course certified or
345	345	7 recognized by the board before the officer is hired under
346	346	8 subdivision (1).
347	347	9 (p) An officer to whom subsection (o) applies must successfully
348	348	10 complete the refresher course described in subsection (o) not later than
349	349	11 six (6) months after the officer's date of hire, or the officer loses the
350	350	12 officer's powers of:
351	351	13 (1) arrest;
352	352	14 (2) search; and
353	353	15 (3) seizure.
354	354	16 (q) The board shall adopt rules under IC 4-22-2 to establish a
355	355	17 refresher course for an officer who:
356	356	18 (1) is appointed by an Indiana law enforcement department or
357	357	19 agency as a reserve police officer; and
358	358	20 (2) has not worked as a reserve police officer for at least two (2)
359	359	21 years after:
360	360	22 (A) completing the pre-basic course; or
361	361	23 (B) leaving the individual's last appointment as a reserve
362	362	24 police officer.
363	363	25 An officer to whom this subsection applies must successfully complete
364	364	26 the refresher course established by the board in order to work as a
365	365	27 reserve police officer.
366	366	28 (r) This subsection applies to an individual who, at the time the
367	367	29 individual completes a board certified or recognized basic training
368	368	30 course, has not been appointed as a law enforcement officer by an
369	369	31 Indiana law enforcement department or agency. If the individual is not
370	370	32 employed as a law enforcement officer for at least two (2) years after
371	371	33 completing the basic training course, the individual must successfully
372	372	34 retake and complete the basic training course as set forth in subsection
373	373	35 (d).
374	374	36 (s) The board shall adopt rules under IC 4-22-2 to establish a
375	375	37 refresher course for an individual who:
376	376	38 (1) is appointed as a board certified instructor of law enforcement
377	377	39 training; and
378	378	40 (2) has not provided law enforcement training instruction for
379	379	41 more than one (1) year after the date the individual's instructor
380	380	42 certification expired.
381	381	2023 IN 360—LS 7093/DI 144 9
382	382	1 An individual to whom this subsection applies must successfully
383	383	2 complete the refresher course established by the board in order to
384	384	3 renew the individual's instructor certification.
385	385	4 (t) This subsection applies only to a gaming agent employed as a
386	386	5 law enforcement officer by the Indiana gaming commission. A gaming
387	387	6 agent appointed after June 30, 2005, may exercise the police powers
388	388	7 described in subsection (d) if:
389	389	8 (1) the agent successfully completes the pre-basic course
390	390	9 established in subsection (f); and
391	391	10 (2) the agent successfully completes any other training courses
392	392	11 established by the Indiana gaming commission in conjunction
393	393	12 with the board.
394	394	13 (u) This subsection applies only to a securities enforcement officer
395	395	14 designated as a law enforcement officer by the securities
396	396	15 commissioner. A securities enforcement officer may exercise the police
397	397	16 powers described in subsection (d) if:
398	398	17 (1) the securities enforcement officer successfully completes the
399	399	18 pre-basic course established in subsection (f); and
400	400	19 (2) the securities enforcement officer successfully completes any
401	401	20 other training courses established by the securities commissioner
402	402	21 in conjunction with the board.
403	403	22 (v) As used in this section, "upper level policymaking position"
404	404	23 refers to the following:
405	405	24 (1) If the authorized size of the department or town marshal
406	406	25 system is not more than ten (10) members, the term refers to the
407	407	26 position held by the police chief or town marshal.
408	408	27 (2) If the authorized size of the department or town marshal
409	409	28 system is more than ten (10) members but less than fifty-one (51)
410	410	29 members, the term refers to:
411	411	30 (A) the position held by the police chief or town marshal; and
412	412	31 (B) each position held by the members of the police
413	413	32 department or town marshal system in the next rank and pay
414	414	33 grade immediately below the police chief or town marshal.
415	415	34 (3) If the authorized size of the department or town marshal
416	416	35 system is more than fifty (50) members, the term refers to:
417	417	36 (A) the position held by the police chief or town marshal; and
418	418	37 (B) each position held by the members of the police
419	419	38 department or town marshal system in the next two (2) ranks
420	420	39 and pay grades immediately below the police chief or town
421	421	40 marshal.
422	422	41 (w) (v) This subsection applies only to a correctional police officer
423	423	42 employed by the department of correction. A correctional police officer
424	424	2023 IN 360—LS 7093/DI 144 10
425	425	1 may exercise the police powers described in subsection (d) if:
426	426	2 (1) the officer successfully completes the pre-basic course
427	427	3 described in subsection (f); and
428	428	4 (2) the officer successfully completes any other training courses
429	429	5 established by the department of correction in conjunction with
430	430	6 the board.
431	431	7 (x) (w) This subsection applies only to the sexual assault training
432	432	8 described in subsection (a)(14). The board shall:
433	433	9 (1) consult with experts on the neurobiology of trauma, trauma
434	434	10 informed interviewing, and investigative techniques in developing
435	435	11 the sexual assault training; and
436	436	12 (2) develop the sexual assault training and begin offering the
437	437	13 training not later than July 1, 2022.
438	438	14 (y) (x) After July 1, 2023, a law enforcement officer who regularly
439	439	15 investigates sexual assaults involving adult victims must complete the
440	440	16 training requirements described in subsection (a)(14) within one (1)
441	441	17 year of being assigned to regularly investigate sexual assaults involving
442	442	18 adult victims.
443	443	19 (z) (y) A law enforcement officer who regularly investigates sexual
444	444	20 assaults involving adult victims may complete the training
445	445	21 requirements described in subsection (a)(14) by attending a:
446	446	22 (1) statewide or national training; or
447	447	23 (2) department hosted local training.
448	448	24 (aa) (z) Notwithstanding any other provisions of this section, the
449	449	25 board is authorized to establish certain required standards of training
450	450	26 and procedure.
451	451	27 SECTION 2. IC 11-13-1-3.5, AS AMENDED BY P.L.175-2022,
452	452	28 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
453	453	29 UPON PASSAGE]: Sec. 3.5. A probation officer may not carry a
454	454	30 handgun in any vehicle or on or about the probation officer's body as
455	455	31 described in IC 35-47-2-1 while acting in the scope of employment as
456	456	32 a probation officer unless all of the following conditions are met:
457	457	33 (1) The appointing court enters an order authorizing the probation
458	458	34 officer to carry the handgun while on duty.
459	459	35 (2) The probation officer is issued a license to carry the
460	460	36 handgun under IC 35-47-2.
461	461	37 (2) (3) The probation officer successfully completes a handgun
462	462	38 safety course certified by the law enforcement training board
463	463	39 under IC 5-2-1-9(n).
464	464	40 SECTION 3. IC 14-16-1-23, AS AMENDED BY P.L.175-2022,
465	465	41 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
466	466	42 UPON PASSAGE]: Sec. 23. (a) An individual shall not operate a
467	467	2023 IN 360—LS 7093/DI 144 11
468	468	1 vehicle under any of the following conditions:
469	469	2 (1) At a rate of speed greater than is reasonable and proper having
470	470	3 due regard for existing conditions or in a manner that
471	471	4 unnecessarily endangers the person or property of another.
472	472	5 (2) While:
473	473	6 (A) under the influence of an alcoholic beverage; or
474	474	7 (B) unlawfully under the influence of a narcotic or other habit
475	475	8 forming or dangerous depressant or stimulant drug.
476	476	9 (3) During the hours from thirty (30) minutes after sunset to thirty
477	477	10 (30) minutes before sunrise without displaying a lighted headlight
478	478	11 and a lighted taillight.
479	479	12 (4) In a forest nursery, a planting area, or public land posted or
480	480	13 reasonably identified as an area of forest or plant reproduction
481	481	14 and when growing stock may be damaged.
482	482	15 (5) On the frozen surface of public waters within:
483	483	16 (A) one hundred (100) feet of an individual not in or upon a
484	484	17 vehicle; or
485	485	18 (B) one hundred (100) feet of a fishing shanty or shelter;
486	486	19 except at a speed of not more than five (5) miles per hour.
487	487	20 (6) Unless the vehicle is equipped with a muffler in good working
488	488	21 order and in constant operation to prevent excessive or unusual
489	489	22 noise and annoying smoke.
490	490	23 (7) Within one hundred (100) feet of a dwelling between midnight
491	491	24 and 6:00 a.m., except on the individual's own property or property
492	492	25 under the individual's control or as an invited guest.
493	493	26 (8) On any property without the consent of the landowner or
494	494	27 tenant.
495	495	28 (9) While transporting on or in the vehicle a firearm, unless the
496	496	29 firearm is:
497	497	30 (A) unloaded; and
498	498	31 (B) securely encased or equipped with and made inoperative
499	499	32 by a manufactured keylocked trigger housing mechanism.
500	500	33 (10) On or across a cemetery or burial ground.
501	501	34 (11) Within one hundred (100) feet of a slide, ski, or skating area,
502	502	35 except for the purpose of servicing the area.
503	503	36 (12) On a railroad track or railroad right-of-way, except railroad
504	504	37 personnel in the performance of duties.
505	505	38 (13) In or upon a flowing river, stream, or creek, except for the
506	506	39 purpose of crossing by the shortest possible route, unless the
507	507	40 river, stream, or creek is of sufficient water depth to permit
508	508	41 movement by flotation of the vehicle at all times.
509	509	42 (14) An individual shall not operate a vehicle while a bow is
510	510	2023 IN 360—LS 7093/DI 144 12
511	511	1 present in or on the vehicle if the nock of an arrow is in position
512	512	2 on the string of the bow.
513	513	3 (b) Subsection (a)(9) does not apply to a person who is carrying a
514	514	4 firearm:
515	515	5 (1) if:
516	516	6 (A) the firearm is a handgun; and
517	517	7 (B) the person is not otherwise prohibited from possessing a
518	518	8 firearm under state or federal law; or has been issued an
519	519	9 unlimited handgun license to carry a handgun under
520	520	10 IC 35-47-2;
521	521	11 (2) if:
522	522	12 (A) the firearm is a handgun; and
523	523	13 (B) the person is not required to possess a license to carry
524	524	14 a handgun under IC 35-47-2-2.2; or
525	525	15 (2) (3) if the person carrying the firearm is operating the vehicle
526	526	16 on property that the person:
527	527	17 (A) owns;
528	528	18 (B) has a contractual interest in;
529	529	19 (C) otherwise legally possesses; or
530	530	20 (D) has permission from a person described in clauses (A)
531	531	21 through (C) to possess a firearm on.
532	532	22 SECTION 4. IC 31-30-1-4, AS AMENDED BY P.L.175-2022,
533	533	23 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
534	534	24 UPON PASSAGE]: Sec. 4. (a) The juvenile court does not have
535	535	25 jurisdiction over an individual for an alleged violation of:
536	536	26 (1) IC 35-41-5-1(a) (attempted murder);
537	537	27 (2) IC 35-42-1-1 (murder);
538	538	28 (3) IC 35-42-3-2 (kidnapping);
539	539	29 (4) IC 35-42-4-1 (rape);
540	540	30 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
541	541	31 (6) IC 35-42-5-1 (robbery) if:
542	542	32 (A) the robbery was committed while armed with a deadly
543	543	33 weapon; or
544	544	34 (B) the robbery results in bodily injury or serious bodily
545	545	35 injury;
546	546	36 (7) IC 35-42-5-2 (carjacking) (before its repeal);
547	547	37 (8) IC 35-47-2-1.5 (unlawful carrying of a handgun), if charged
548	548	38 as a felony; IC 35-47-2-1 (carrying a handgun without a
549	549	39 license), if charged as a felony;
550	550	40 (9) IC 35-47-10 (children and firearms), if charged as a felony; or
551	551	41 (10) any offense that may be joined under IC 35-34-1-9(a)(2) with
552	552	42 any crime listed in this subsection;
553	553	2023 IN 360—LS 7093/DI 144 13
554	554	1 if the individual was at least sixteen (16) years of age but less than
555	555	2 eighteen (18) years of age at the time of the alleged violation.
556	556	3 (b) Once an individual described in subsection (a) has been charged
557	557	4 with any offense listed in subsection (a), the court having adult
558	558	5 criminal jurisdiction shall retain jurisdiction over the case if the
559	559	6 individual pleads guilty to or is convicted of any offense listed in
560	560	7 subsection (a)(1) through (a)(9).
561	561	8 (c) If:
562	562	9 (1) an individual described in subsection (a) is charged with one
563	563	10 (1) or more offenses listed in subsection (a);
564	564	11 (2) all the charges under subsection (a)(1) through (a)(9) resulted
565	565	12 in an acquittal or were dismissed; and
566	566	13 (3) the individual pleads guilty to or is convicted of any offense
567	567	14 other than an offense listed in subsection (a)(1) through (a)(9);
568	568	15 the court having adult criminal jurisdiction may withhold judgment and
569	569	16 transfer jurisdiction to the juvenile court for adjudication and
570	570	17 disposition. In determining whether to transfer jurisdiction to the
571	571	18 juvenile court for adjudication and disposition, the court having adult
572	572	19 criminal jurisdiction shall consider whether there are appropriate
573	573	20 services available in the juvenile justice system, whether the child is
574	574	21 amenable to rehabilitation under the juvenile justice system, and
575	575	22 whether it is in the best interests of the safety and welfare of the
576	576	23 community that the child be transferred to juvenile court. All orders
577	577	24 concerning release conditions remain in effect until a juvenile court
578	578	25 detention hearing, which must be held not later than forty-eight (48)
579	579	26 hours, excluding Saturdays, Sundays, and legal holidays, after the order
580	580	27 of transfer of jurisdiction.
581	581	28 SECTION 5. IC 34-30-2.1-566.5 IS ADDED TO THE INDIANA
582	582	29 CODE AS A NEW SECTION TO READ AS FOLLOWS
583	583	30 [EFFECTIVE JULY 1, 2023]: Sec. 566.5. IC 35-47-2.5-4.5
584	584	31 (Concerning the sale, trade, and transfer of firearms by firearms
585	585	32 dealers).
586	586	33 SECTION 6. IC 35-31.5-2-25.5 IS ADDED TO THE INDIANA
587	587	34 CODE AS A NEW SECTION TO READ AS FOLLOWS
588	588	35 [EFFECTIVE UPON PASSAGE]: Sec. 25.5. "Basic firearms safety
589	589	36 training program", for purposes of IC 35-47-1.5, has the meaning
590	590	37 set forth in IC 35-47-1.5-1.
591	591	38 SECTION 7. IC 35-31.5-2-78, AS AMENDED BY P.L.175-2022,
592	592	39 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
593	593	40 UPON PASSAGE]: Sec. 78. "Crime of domestic violence", for
594	594	41 purposes of IC 5-2-6.1, IC 35-38-9, IC 35-47-2-1.5, and IC 35-47-4-7,
595	595	42 means an offense or the attempt to commit an offense that:
596	596	2023 IN 360—LS 7093/DI 144 14
597	597	1 (1) has as an element the:
598	598	2 (A) use of physical force; or
599	599	3 (B) threatened use of a deadly weapon; and
600	600	4 (2) is committed against a family or household member, as
601	601	5 defined in section 128 of this chapter.
602	602	6 SECTION 8. IC 35-31.5-2-210.5, AS ADDED BY P.L.66-2016,
603	603	7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
604	604	8 JULY 1, 2023]: Sec. 210.5. "NFA firearm", for purposes of
605	605	9 IC 35-47-2.5-4.5 and IC 35-47-8.5, has the meaning set forth in
606	606	10 IC 35-47-8.5-1.
607	607	11 SECTION 9. IC 35-31.5-2-273.4, AS ADDED BY P.L.58-2020,
608	608	12 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
609	609	13 JULY 1, 2023]: Sec. 273.4. (a) "Relative", for purposes of IC 35-40.5,
610	610	14 has the meaning set forth in IC 35-40.5-1-1.
611	611	15 (b) "Relative", for purposes of IC 35-47-2.5-4.5, has the
612	612	16 meaning set forth in IC 35-42-2-1(b).
613	613	17 SECTION 10. IC 35-33-1-1, AS AMENDED BY P.L.175-2022,
614	614	18 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
615	615	19 UPON PASSAGE]: Sec. 1. (a) A law enforcement officer may arrest
616	616	20 a person when the officer has:
617	617	21 (1) a warrant commanding that the person be arrested;
618	618	22 (2) probable cause to believe the person has committed or
619	619	23 attempted to commit, or is committing or attempting to commit,
620	620	24 a felony;
621	621	25 (3) probable cause to believe the person has violated the
622	622	26 provisions of IC 9-26-1-1.1 or IC 9-30-5;
623	623	27 (4) probable cause to believe the person is committing or
624	624	28 attempting to commit a misdemeanor in the officer's presence;
625	625	29 (5) probable cause to believe the person has committed a:
626	626	30 (A) battery resulting in bodily injury under IC 35-42-2-1; or
627	627	31 (B) domestic battery under IC 35-42-2-1.3.
628	628	32 The officer may use an affidavit executed by an individual alleged
629	629	33 to have direct knowledge of the incident alleging the elements of
630	630	34 the offense of battery to establish probable cause;
631	631	35 (6) probable cause to believe that the person violated
632	632	36 IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
633	633	37 (7) probable cause to believe that the person violated
634	634	38 IC 35-47-2-1.5 (unlawful carrying of a handgun) IC 35-47-2-1
635	635	39 (carrying a handgun without a license) or IC 35-47-2-22
636	636	40 (counterfeit handgun license);
637	637	41 (8) probable cause to believe that the person is violating or has
638	638	42 violated an order issued under IC 35-50-7;
639	639	2023 IN 360—LS 7093/DI 144 15
640	640	1 (9) probable cause to believe that the person is violating or has
641	641	2 violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
642	642	3 device);
643	643	4 (10) probable cause to believe that the person is:
644	644	5 (A) violating or has violated IC 35-45-2-5 (interference with
645	645	6 the reporting of a crime); and
646	646	7 (B) interfering with or preventing the reporting of a crime
647	647	8 involving domestic or family violence (as defined in
648	648	9 IC 34-6-2-34.5);
649	649	10 (11) probable cause to believe that the person has committed theft
650	650	11 (IC 35-43-4-2);
651	651	12 (12) a removal order issued for the person by an immigration
652	652	13 court;
653	653	14 (13) a detainer or notice of action for the person issued by the
654	654	15 United States Department of Homeland Security; or
655	655	16 (14) probable cause to believe that the person has been indicted
656	656	17 for or convicted of one (1) or more aggravated felonies (as
657	657	18 defined in 8 U.S.C. 1101(a)(43)).
658	658	19 (b) A person who:
659	659	20 (1) is employed full time as a federal enforcement officer;
660	660	21 (2) is empowered to effect an arrest with or without warrant for a
661	661	22 violation of the United States Code; and
662	662	23 (3) is authorized to carry firearms in the performance of the
663	663	24 person's duties;
664	664	25 may act as an officer for the arrest of offenders against the laws of this
665	665	26 state where the person reasonably believes that a felony has been or is
666	666	27 about to be committed or attempted in the person's presence.
667	667	28 SECTION 11. IC 35-47-1-2.7 IS ADDED TO THE INDIANA
668	668	29 CODE AS A NEW SECTION TO READ AS FOLLOWS
669	669	30 [EFFECTIVE UPON PASSAGE]: Sec. 2.7. "Basic firearms safety
670	670	31 training program", for purposes of IC 35-47-1.5, has the meaning
671	671	32 set forth in IC 35-47-1.5-1.
672	672	33 SECTION 12. IC 35-47-1-6.5 IS ADDED TO THE INDIANA
673	673	34 CODE AS A NEW SECTION TO READ AS FOLLOWS
674	674	35 [EFFECTIVE JULY 1, 2023]: Sec. 6.5. "NFA firearm" has the
675	675	36 meaning set forth in IC 35-47-8.5-1.
676	676	37 SECTION 13. IC 35-47-1-8.5 IS ADDED TO THE INDIANA
677	677	38 CODE AS A NEW SECTION TO READ AS FOLLOWS
678	678	39 [EFFECTIVE JULY 1, 2023]: Sec. 8.5. "Relative" has the meaning
679	679	40 set forth in IC 35-42-2-1(b).
680	680	41 SECTION 14. IC 35-47-1.5 IS ADDED TO THE INDIANA CODE
681	681	42 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
682	682	2023 IN 360—LS 7093/DI 144 16
683	683	1 UPON PASSAGE]:
684	684	2 Chapter 1.5. Mandatory Firearms Training
685	685	3 Sec. 1. As used in this chapter, "basic firearms safety training
686	686	4 program" means a firearms training program approved by the
687	687	5 state police department under section 2 of this chapter.
688	688	6 Sec. 2. (a) Not later than June 1, 2023, the state police
689	689	7 department shall create a list of approved firearms training
690	690	8 programs.
691	691	9 (b) Not later than June 15, 2023, the state police department
692	692	10 shall:
693	693	11 (1) publish the list created under subsection (a) on the
694	694	12 department's website; and
695	695	13 (2) distribute the list created under subsection (a) to each
696	696	14 dealer located in Indiana.
697	697	15 Sec. 3. (a) This section applies after June 30, 2023.
698	698	16 (b) Before purchasing a firearm from a dealer, a person must:
699	699	17 (1) successfully complete a basic firearms safety training
700	700	18 program at a licensed firearms training facility; and
701	701	19 (2) present to the dealer at the time of purchase a certificate
702	702	20 of completion of the safety and training program described in
703	703	21 subdivision (1).
704	704	22 (c) The cost of participating in the basic firearms safety training
705	705	23 program must be paid by the person who participates in the
706	706	24 program.
707	707	25 (d) A dealer may not sell a firearm to a person who does not
708	708	26 present, at the time of sale, a certificate of completion under
709	709	27 subsection (b)(2).
710	710	28 (e) A dealer who knowingly or intentionally sells a firearm
711	711	29 without obtaining a certificate of completion:
712	712	30 (1) issued by a basic firearms safety training program; and
713	713	31 (2) from the prospective firearms purchaser under subsection
714	714	32 (d);
715	715	33 commits a Class A misdemeanor.
716	716	34 (f) A person who:
717	717	35 (1) is approved to provide firearms training under section 2
718	718	36 of this chapter; and
719	719	37 (2) knowingly or intentionally forges a certificate of
720	720	38 completion described in subsection (b)(2);
721	721	39 commits a Class A misdemeanor.
722	722	40 (g) A prospective firearms purchaser who knowingly or
723	723	41 intentionally forges a certificate of completion described in
724	724	42 subsection (b)(2) commits a Class A misdemeanor.
725	725	2023 IN 360—LS 7093/DI 144 17
726	726	1 (h) If a person who:
727	727	2 (1) provides training in a program approved under section 2
728	728	3 of this chapter; and
729	729	4 (2) knowingly or intentionally forges a certificate of
730	730	5 completion described in subsection (b)(2) more than one (1)
731	731	6 time;
732	732	7 the state police department shall remove the program described in
733	733	8 subdivision (1) from the list of approved firearms training
734	734	9 programs created under section 2 of this chapter.
735	735	10 SECTION 15. IC 35-47-2-1, AS AMENDED BY P.L.175-2022,
736	736	11 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
737	737	12 UPON PASSAGE]: Sec. 1. (a) A person who meets the following
738	738	13 requirements may carry a handgun in the manner described in
739	739	14 subsection (b):
740	740	15 (1) The person is not prohibited from possessing or carrying a
741	741	16 handgun under federal law as in effect on January 1, 2022.
742	742	17 (2) Notwithstanding section 1.5 of this chapter, the person is not
743	743	18 otherwise prohibited under state law from possessing or carrying
744	744	19 a handgun.
745	745	20 (3) The person does not meet the requirements under
746	746	21 IC 35-47-2-3 to receive a license to carry a handgun in Indiana.
747	747	22 Except as provided in subsections (b) and (c) and sections 2.2
748	748	23 and 2.3 of this chapter, a person shall not carry a handgun in
749	749	24 any vehicle or on or about the person's body without being
750	750	25 licensed under this chapter to carry a handgun.
751	751	26 (b) Except as provided in subsection (c), a person may carry a
752	752	27 handgun without being licensed under this chapter to carry a handgun
753	753	28 if:
754	754	29 (1) the person carries the handgun on or about the person's body
755	755	30 in or on property that is owned, leased, rented, or otherwise
756	756	31 legally controlled by the person;
757	757	32 (2) the person carries the handgun on or about the person's body
758	758	33 while lawfully present in or on property that is owned, leased,
759	759	34 rented, or otherwise legally controlled by another person, if the
760	760	35 person:
761	761	36 (A) has the consent of the owner, renter, lessor, or person who
762	762	37 legally controls the property to have the handgun on the
763	763	38 premises;
764	764	39 (B) is attending a firearms related event on the property,
765	765	40 including a gun show, firearms expo, gun owner's club or
766	766	41 convention, hunting club, shooting club, or training course; or
767	767	42 (C) is on the property to receive firearms related services,
768	768	2023 IN 360—LS 7093/DI 144 18
769	769	1 including the repair, maintenance, or modification of a
770	770	2 firearm;
771	771	3 (3) the person carries the handgun in a vehicle that is owned,
772	772	4 leased, rented, or otherwise legally controlled by the person, if the
773	773	5 handgun is:
774	774	6 (A) unloaded;
775	775	7 (B) not readily accessible; and
776	776	8 (C) secured in a case;
777	777	9 (4) the person carries the handgun while lawfully present in a
778	778	10 vehicle that is owned, leased, rented, or otherwise legally
779	779	11 controlled by another person, if the handgun is:
780	780	12 (A) unloaded;
781	781	13 (B) not readily accessible; and
782	782	14 (C) secured in a case; or
783	783	15 (5) the person carries the handgun:
784	784	16 (A) at a shooting range (as defined in IC 14-22-31.5-3);
785	785	17 (B) while attending a firearms instructional course; or
786	786	18 (C) while engaged in a legal hunting activity; or
787	787	19 (6) the person is permitted to carry a handgun without a
788	788	20 license under section 2.3 of this chapter (persons protected by
789	789	21 a protection order).
790	790	22 (c) Unless the person's right to possess a firearm has been
791	791	23 restored under IC 35-47-4-7, a person who has been convicted of
792	792	24 domestic battery under IC 35-42-2-1.3 may not possess or carry a
793	793	25 handgun.
794	794	26 (c) (d) This chapter section may not be construed:
795	795	27 (1) to prohibit a person who owns, leases, rents, or otherwise
796	796	28 legally controls private property from regulating or prohibiting the
797	797	29 possession of firearms on the private property;
798	798	30 (2) to allow a person to adopt or enforce an ordinance, resolution,
799	799	31 policy, or rule that:
800	800	32 (A) prohibits; or
801	801	33 (B) has the effect of prohibiting;
802	802	34 an employee of the person from possessing a firearm or
803	803	35 ammunition that is locked in the trunk of the employee's vehicle,
804	804	36 kept in the glove compartment of the employee's locked vehicle,
805	805	37 or stored out of plain sight in the employee's locked vehicle,
806	806	38 unless the person's adoption or enforcement of the ordinance,
807	807	39 resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
808	808	40 (3) to allow a person to adopt or enforce a law, statute, ordinance,
809	809	41 resolution, policy, or rule that allows a person to possess or
810	810	42 transport a firearm or ammunition if the person is prohibited from
811	811	2023 IN 360—LS 7093/DI 144 19
812	812	1 possessing or transporting the firearm or ammunition by state or
813	813	2 federal law.
814	814	3 (d) Nothing in this chapter may be construed to affect the status or
815	815	4 validity of a five (5) year or lifetime license to carry a handgun issued
816	816	5 by the superintendent before July 1, 2022. Any license described under
817	817	6 this subsection shall remain valid for the duration of the license or the
818	818	7 lifetime of the licensee, as applicable.
819	819	8 (e) A person who knowingly or intentionally violates this section
820	820	9 commits a Class A misdemeanor. However, the offense is a Level
821	821	10 5 felony:
822	822	11 (1) if the offense is committed:
823	823	12 (A) on or in school property;
824	824	13 (B) within five hundred (500) feet of school property; or
825	825	14 (C) on a school bus; or
826	826	15 (2) if the person:
827	827	16 (A) has a prior conviction of any offense under:
828	828	17 (i) this section; or
829	829	18 (ii) section 22 of this chapter; or
830	830	19 (B) has been convicted of a felony within fifteen (15) years
831	831	20 before the date of the offense.
832	832	21 SECTION 16. IC 35-47-2-1.5 IS REPEALED [EFFECTIVE UPON
833	833	22 PASSAGE]. Sec. 1.5. (a) The following terms are defined for this
834	834	23 section:
835	835	24 (1) "Adjudicated a mental defective" means a determination by a
836	836	25 court that a person:
837	837	26 (A) presents a danger to the person or to others; or
838	838	27 (B) lacks the mental capacity necessary to contract or manage
839	839	28 the person's affairs.
840	840	29 The term includes a finding of insanity by a court in a criminal
841	841	30 proceeding.
842	842	31 (2) "Alien" means any person who is not lawfully in the United
843	843	32 States. The term includes:
844	844	33 (A) any person who has:
845	845	34 (i) entered the United States without inspection and
846	846	35 authorization by an immigration officer; and
847	847	36 (ii) not been paroled into the United States under the federal
848	848	37 Immigration and Nationality Act;
849	849	38 (B) a nonimmigrant:
850	850	39 (i) whose authorized period of stay has expired; or
851	851	40 (ii) who has violated the terms of the nonimmigrant category
852	852	41 under which the person was admitted;
853	853	42 (C) a person paroled under the federal Immigration and
854	854	2023 IN 360—LS 7093/DI 144 20
855	855	1 Nationality Act whose period of parole has:
856	856	2 (i) expired; or
857	857	3 (ii) been terminated; and
858	858	4 (D) a person subject to an order:
859	859	5 (i) of deportation, exclusion, or removal; or
860	860	6 (ii) to depart the United States voluntarily;
861	861	7 regardless of whether or not the person has left the United
862	862	8 States.
863	863	9 (3) "Committed to a mental institution" means the formal
864	864	10 commitment of a person to a mental institution by a court. The
865	865	11 term includes:
866	866	12 (A) a commitment for:
867	867	13 (i) a cognitive or mental defect; or
868	868	14 (ii) a mental illness; and
869	869	15 (B) involuntary commitments.
870	870	16 The term does not include voluntary commitments or a
871	871	17 commitment made for observational purposes.
872	872	18 (4) "Crime of domestic violence" has the meaning set forth in
873	873	19 IC 35-31.5-2-78.
874	874	20 (5) "Dangerous" has the meaning set forth in IC 35-47-14-1.
875	875	21 (6) "Fugitive from justice" means any person who:
876	876	22 (A) flees or leaves from any state to avoid prosecution for a
877	877	23 felony or misdemeanor offense; or
878	878	24 (B) flees or leaves any state to avoid testifying in a criminal
879	879	25 proceeding.
880	880	26 (7) "Indictment" means any formal accusation of a crime made by
881	881	27 a prosecuting attorney in any court for a crime punishable by a
882	882	28 term of imprisonment exceeding one (1) year.
883	883	29 (8) A crime or offense "punishable by a term of imprisonment
884	884	30 exceeding one (1) year" does not include a federal or state crime
885	885	31 or offense pertaining to antitrust violations, unfair trade practices,
886	886	32 restraints of trade, or other similar offenses relating to the
887	887	33 regulation of business practices.
888	888	34 (b) Except as provided in subsections (c) and (d), the following
889	889	35 persons may not knowingly or intentionally carry a handgun:
890	890	36 (1) A person convicted of a federal or state offense punishable by
891	891	37 a term of imprisonment exceeding one (1) year.
892	892	38 (2) A fugitive from justice.
893	893	39 (3) An alien.
894	894	40 (4) A person convicted of:
895	895	41 (A) a crime of domestic violence (IC 35-31.5-2-78);
896	896	42 (B) domestic battery (IC 35-42-2-1.3); or
897	897	2023 IN 360—LS 7093/DI 144 21
898	898	1 (C) criminal stalking (IC 35-45-10-5).
899	899	2 (5) A person restrained by an order of protection issued under
900	900	3 IC 34-26-5.
901	901	4 (6) A person under indictment.
902	902	5 (7) A person who has been:
903	903	6 (A) adjudicated dangerous under IC 35-47-14-6;
904	904	7 (B) adjudicated a mental defective; or
905	905	8 (C) committed to a mental institution.
906	906	9 (8) A person dishonorably discharged from:
907	907	10 (A) military service; or
908	908	11 (B) the National Guard.
909	909	12 (9) A person who renounces the person's United States citizenship
910	910	13 in the manner described in 8 U.S.C. 1481.
911	911	14 (10) A person who is less than:
912	912	15 (A) eighteen (18) years of age; or
913	913	16 (B) twenty-three (23) years of age and has an adjudication as
914	914	17 a delinquent child for an act described by IC 35-47-4-5;
915	915	18 unless authorized under IC 35-47-10.
916	916	19 (c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person if
917	917	20 a court has restored the person's right to possess a firearm under
918	918	21 IC 35-47-4-7.
919	919	22 (d) A person who has:
920	920	23 (1) been adjudicated dangerous under IC 35-47-14-6; and
921	921	24 (2) successfully petitioned for the return of a firearm under
922	922	25 IC 35-47-14-8 with respect to the adjudication under subdivision
923	923	26 (1);
924	924	27 is not prohibited from carrying a handgun under subsection (b) on the
925	925	28 basis that the person was adjudicated dangerous under subdivision (1).
926	926	29 However, the person may still be prohibited from carrying a handgun
927	927	30 on one (1) or more of the other grounds listed in subsection (b).
928	928	31 (e) A person who violates this section commits unlawful carrying of
929	929	32 a handgun, a Class A misdemeanor. However, the offense is a Level 5
930	930	33 felony if:
931	931	34 (1) the offense is committed:
932	932	35 (A) on or in school property;
933	933	36 (B) within five hundred (500) feet of school property; or
934	934	37 (C) on a school bus; or
935	935	38 (2) the person:
936	936	39 (A) has a prior conviction of any offense under:
937	937	40 (i) this section;
938	938	41 (ii) section 1 of this chapter (carrying a handgun without a
939	939	42 license) (before its repeal); or
940	940	2023 IN 360—LS 7093/DI 144 22
941	941	1 (iii) section 22 of this chapter; or
942	942	2 (B) has been convicted of a felony within fifteen (15) years
943	943	3 before the date of the offense.
944	944	4 SECTION 17. IC 35-47-2-2.2 IS ADDED TO THE INDIANA
945	945	5 CODE AS A NEW SECTION TO READ AS FOLLOWS
946	946	6 [EFFECTIVE UPON PASSAGE]: Sec. 2.2. Section 1 of this chapter
947	947	7 does not apply to:
948	948	8 (1) marshals;
949	949	9 (2) sheriffs;
950	950	10 (3) the commissioner of the department of correction or
951	951	11 persons authorized by the commissioner in writing to carry
952	952	12 firearms;
953	953	13 (4) judicial officers;
954	954	14 (5) law enforcement officers;
955	955	15 (6) members of the armed forces of the United States or of the
956	956	16 national guard or organized reserves while they are on duty;
957	957	17 (7) regularly enrolled members of any organization duly
958	958	18 authorized to purchase or receive such weapons from the
959	959	19 United States or from this state who are at or are going to or
960	960	20 from their place of assembly or target practice;
961	961	21 (8) employees of the United States duly authorized to carry
962	962	22 handguns;
963	963	23 (9) employees of express companies when engaged in company
964	964	24 business; or
965	965	25 (10) any person engaged in the business of manufacturing,
966	966	26 repairing, or dealing in firearms or the agent or
967	967	27 representative of any such person having in the person's
968	968	28 possession, using, or carrying a handgun in the usual or
969	969	29 ordinary course of that business.
970	970	30 SECTION 18. IC 35-47-2-2.3 IS ADDED TO THE INDIANA
971	971	31 CODE AS A NEW SECTION TO READ AS FOLLOWS
972	972	32 [EFFECTIVE UPON PASSAGE]: Sec. 2.3. (a) As used in this section,
973	973	33 "protection order" means a civil protection order issued under
974	974	34 IC 34-26-5.
975	975	35 (b) A person may carry a handgun without a license if the
976	976	36 person:
977	977	37 (1) has applied for a license to carry a handgun as described
978	978	38 in IC 35-47-2-3;
979	979	39 (2) is protected by a protection order;
980	980	40 (3) is at least eighteen (18) years of age; and
981	981	41 (4) is not otherwise barred by state or federal law from
982	982	42 possessing a handgun;
983	983	2023 IN 360—LS 7093/DI 144 23
984	984	1 during the period described in subsection (c).
985	985	2 (c) A person described in subsection (b) may carry a handgun
986	986	3 without a license for a period ending sixty (60) days after the date
987	987	4 the protection order is issued.
988	988	5 SECTION 19. IC 35-47-2-3, AS AMENDED BY P.L.175-2022,
989	989	6 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
990	990	7 UPON PASSAGE]: Sec. 3. (a) A person who is at least eighteen (18)
991	991	8 years of age and is not otherwise prohibited from carrying or
992	992	9 possessing desiring a license to carry a handgun under state or federal
993	993	10 law is not required to obtain or possess a license or permit from the
994	994	11 state to carry a handgun in Indiana. A resident of this state who wishes
995	995	12 to carry a firearm in another state under a reciprocity agreement
996	996	13 entered into by this state and another state may obtain a license to carry
997	997	14 a handgun in Indiana under this chapter by applying: shall apply:
998	998	15 (1) to the chief of police or corresponding law enforcement officer
999	999	16 of the municipality in which the applicant resides;
1000	1000	17 (2) if that municipality has no such officer, or if the applicant does
1001	1001	18 not reside in a municipality, to the sheriff of the county in which
1002	1002	19 the applicant resides after the applicant has obtained an
1003	1003	20 application form prescribed by the superintendent; or
1004	1004	21 (3) if the applicant is a resident of another state and has a regular
1005	1005	22 place of business or employment in Indiana, to the sheriff of the
1006	1006	23 county in which the applicant has a regular place of business or
1007	1007	24 employment.
1008	1008	25 The superintendent and local law enforcement agencies shall allow an
1009	1009	26 applicant desiring to obtain or renew a license to carry a handgun to
1010	1010	27 submit an application electronically under this chapter if funds are
1011	1011	28 available to establish and maintain an electronic application system.
1012	1012	29 (b) This subsection applies before July 1, 2020. The law
1013	1013	30 enforcement agency which accepts an application for a handgun license
1014	1014	31 shall collect the following application fees:
1015	1015	32 (1) From a person applying for a four (4) year handgun license, a
1016	1016	33 ten dollar ($10) application fee, five dollars ($5) of which shall be
1017	1017	34 refunded if the license is not issued.
1018	1018	35 (2) From a person applying for a lifetime handgun license who
1019	1019	36 does not currently possess a valid Indiana handgun license, a fifty
1020	1020	37 dollar ($50) application fee, thirty dollars ($30) of which shall be
1021	1021	38 refunded if the license is not issued.
1022	1022	39 (3) From a person applying for a lifetime handgun license who
1023	1023	40 currently possesses a valid Indiana handgun license, a forty dollar
1024	1024	41 ($40) application fee, thirty dollars ($30) of which shall be
1025	1025	42 refunded if the license is not issued.
1026	1026	2023 IN 360—LS 7093/DI 144 24
1027	1027	1 Except as provided in subsection (j), the fee shall be deposited into the
1028	1028	2 law enforcement agency's firearms training fund or other appropriate
1029	1029	3 training activities fund and used by the agency to train law enforcement
1030	1030	4 officers in the proper use of firearms or in other law enforcement
1031	1031	5 duties, or to purchase firearms, firearm related equipment, or body
1032	1032	6 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
1033	1033	7 employed by the law enforcement agency. The state board of accounts
1034	1034	8 shall establish rules for the proper accounting and expenditure of funds
1035	1035	9 collected under this subsection.
1036	1036	10 (c) This subsection applies after June 30, 2020, and before July 1,
1037	1037	11 2021. The law enforcement agency which accepts an application for a
1038	1038	12 handgun license shall not collect a fee from a person applying for a five
1039	1039	13 (5) year handgun license and shall collect the following application
1040	1040	14 fees:
1041	1041	15 (1) From a person applying for a lifetime handgun license who
1042	1042	16 does not currently possess a valid Indiana handgun license, a fifty
1043	1043	17 dollar ($50) application fee, thirty dollars ($30) of which shall be
1044	1044	18 refunded if the license is not issued.
1045	1045	19 (2) From a person applying for a lifetime handgun license who
1046	1046	20 currently possesses a valid Indiana handgun license, a forty dollar
1047	1047	21 ($40) application fee, thirty dollars ($30) of which shall be
1048	1048	22 refunded if the license is not issued.
1049	1049	23 Except as provided in subsection (j), the fee shall be deposited into the
1050	1050	24 law enforcement agency's firearms training fund or other appropriate
1051	1051	25 training activities fund and used by the agency to train law enforcement
1052	1052	26 officers in the proper use of firearms or in other law enforcement
1053	1053	27 duties, or to purchase firearms, firearm related equipment, or body
1054	1054	28 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
1055	1055	29 employed by the law enforcement agency. The state board of accounts
1056	1056	30 shall establish rules for the proper accounting and expenditure of funds
1057	1057	31 collected under this subsection.
1058	1058	32 (d) This subsection applies after June 30, 2021. The law
1059	1059	33 enforcement agency which accepts an application for a handgun license
1060	1060	34 shall not collect a fee from a person applying for a handgun license.
1061	1061	35 (e) The officer to whom the application is made shall ascertain the
1062	1062	36 applicant's name, full address, length of residence in the community,
1063	1063	37 whether the applicant's residence is located within the limits of any city
1064	1064	38 or town, the applicant's occupation, place of business or employment,
1065	1065	39 criminal record, if any, and convictions (minor traffic offenses
1066	1066	40 excepted), age, race, sex, nationality, date of birth, citizenship, height,
1067	1067	41 weight, build, color of hair, color of eyes, scars and marks, whether the
1068	1068	42 applicant has previously held an Indiana license to carry a handgun
1069	1069	2023 IN 360—LS 7093/DI 144 25
1070	1070	1 and, if so, the serial number of the license and year issued, whether the
1071	1071	2 applicant's license has ever been suspended or revoked, and if so, the
1072	1072	3 year and reason for the suspension or revocation, and the applicant's
1073	1073	4 reason for desiring a license. If the applicant is not a United States
1074	1074	5 citizen, the officer to whom the application is made shall ascertain the
1075	1075	6 applicant's country of citizenship, place of birth, and any alien or
1076	1076	7 admission number issued by the United States Citizenship and
1077	1077	8 Immigration Services or United States Customs and Border Protection
1078	1078	9 or any successor agency as applicable. The officer to whom the
1079	1079	10 application is made shall conduct an investigation into the applicant's
1080	1080	11 official records and verify thereby the applicant's character and
1081	1081	12 reputation, and shall in addition verify for accuracy the information
1082	1082	13 contained in the application, and shall forward this information
1083	1083	14 together with the officer's recommendation for approval or disapproval
1084	1084	15 and one (1) set of legible and classifiable fingerprints of the applicant
1085	1085	16 to the superintendent. An investigation conducted under this section
1086	1086	17 must include the consulting of available local, state, and federal
1087	1087	18 criminal history data banks, including the National Instant Criminal
1088	1088	19 Background Check System (NICS), to determine whether possession
1089	1089	20 of a firearm by an applicant would be a violation of state or federal law.
1090	1090	21 (f) The superintendent may make whatever further investigation the
1091	1091	22 superintendent deems necessary. Whenever disapproval is
1092	1092	23 recommended, the officer to whom the application is made shall
1093	1093	24 provide the superintendent and the applicant with the officer's complete
1094	1094	25 and specific reasons, in writing, for the recommendation of
1095	1095	26 disapproval.
1096	1096	27 (g) If it appears to the superintendent that the applicant:
1097	1097	28 (1) has a proper reason for receiving a license to carry a handgun;
1098	1098	29 carrying a handgun;
1099	1099	30 (2) is of good character and reputation;
1100	1100	31 (3) is a proper person to be licensed; and
1101	1101	32 (4) is:
1102	1102	33 (A) a citizen of the United States; or
1103	1103	34 (B) not a citizen of the United States but is allowed to carry a
1104	1104	35 firearm in the United States under federal law;
1105	1105	36 the superintendent shall issue to the applicant a qualified or an
1106	1106	37 unlimited license to carry a any handgun in Indiana. lawfully
1107	1107	38 possessed by the applicant. The original license shall be delivered to
1108	1108	39 the licensee. A copy shall be delivered to the officer to whom the
1109	1109	40 application for license was made. A copy shall be retained by the
1110	1110	41 superintendent for at least five (5) years in the case of a five (5) year
1111	1111	42 license. The superintendent may adopt guidelines to establish a records
1112	1112	2023 IN 360—LS 7093/DI 144 26
1113	1113	1 retention policy for a lifetime license. A five (5) year license shall be
1114	1114	2 valid for a period of five (5) years from the date of issue. A lifetime
1115	1115	3 license is valid for the life of the individual receiving the license. The
1116	1116	4 license of police officers, sheriffs or their deputies, and law
1117	1117	5 enforcement officers of the United States government who have twenty
1118	1118	6 (20) or more years of service shall be valid for the life of these
1119	1119	7 individuals. However, a lifetime license is automatically revoked if the
1120	1120	8 license holder does not remain a proper person.
1121	1121	9 (h) At the time a license is issued and delivered to a licensee under
1122	1122	10 subsection (g), the superintendent shall include with the license
1123	1123	11 information concerning firearms handgun safety rules that:
1124	1124	12 (1) neither opposes nor supports an individual's right to bear
1125	1125	13 arms; and
1126	1126	14 (2) is:
1127	1127	15 (A) recommended by a nonprofit educational organization that
1128	1128	16 is dedicated to providing education on safe handling and use
1129	1129	17 of firearms;
1130	1130	18 (B) prepared by the state police department; and
1131	1131	19 (C) approved by the superintendent.
1132	1132	20 The superintendent may not deny a license under this section because
1133	1133	21 the information required under this subsection is unavailable at the
1134	1134	22 time the superintendent would otherwise issue a license. The state
1135	1135	23 police department may accept private donations or grants to defray the
1136	1136	24 cost of printing and mailing the information required under this
1137	1137	25 subsection.
1138	1138	26 (i) A license to carry a handgun shall not be issued to any person
1139	1139	27 who:
1140	1140	28 (1) has been convicted of a felony;
1141	1141	29 (2) has had a license to carry a handgun suspended, unless the
1142	1142	30 person's license has been reinstated;
1143	1143	31 (3) is under eighteen (18) years of age;
1144	1144	32 (4) is under twenty-three (23) years of age if the person has been
1145	1145	33 adjudicated a delinquent child for an act that would be a felony if
1146	1146	34 committed by an adult;
1147	1147	35 (5) has been arrested for a Class A or Class B felony for an
1148	1148	36 offense committed before July 1, 2014, for a Level 1, Level 2,
1149	1149	37 Level 3, or Level 4 felony for an offense committed after June 30,
1150	1150	38 2014, or any other felony that was committed while armed with
1151	1151	39 a deadly weapon or that involved the use of violence, if a court
1152	1152	40 has found probable cause to believe that the person committed the
1153	1153	41 offense charged; or
1154	1154	42 (6) is prohibited by federal law from possessing or receiving
1155	1155	2023 IN 360—LS 7093/DI 144 27
1156	1156	1 firearms under 18 U.S.C. 922(g). or
1157	1157	2 (7) is described in IC 35-47-2-1.5, unless exempted by
1158	1158	3 IC 35-47-2-1.5.
1159	1159	4 In the case of an arrest under subdivision (5), a license to carry a
1160	1160	5 handgun may be issued to a person who has been acquitted of the
1161	1161	6 specific offense charged or if the charges for the specific offense are
1162	1162	7 dismissed. The superintendent shall prescribe all forms to be used in
1163	1163	8 connection with the administration of this chapter.
1164	1164	9 (j) If the law enforcement agency that charges a fee under
1165	1165	10 subsection (b) or (c) is a city or town law enforcement agency, the fee
1166	1166	11 shall be deposited in the law enforcement continuing education fund
1167	1167	12 established under IC 5-2-8-2.
1168	1168	13 (k) If a person who holds a valid license to carry a handgun issued
1169	1169	14 under this chapter:
1170	1170	15 (1) changes the person's name;
1171	1171	16 (2) changes the person's address; or
1172	1172	17 (3) experiences a change, including an arrest or a conviction, that
1173	1173	18 may affect the person's status as a proper person (as defined in
1174	1174	19 IC 35-47-1-7) or otherwise disqualify the person from holding a
1175	1175	20 license;
1176	1176	21 the person shall, not later than thirty (30) days after the date of a
1177	1177	22 change described under subdivision (3), and not later than sixty (60)
1178	1178	23 days after the date of the change described under subdivision (1) or (2),
1179	1179	24 notify the superintendent, in writing, of the event described under
1180	1180	25 subdivision (3) or, in the case of a change under subdivision (1) or (2),
1181	1181	26 the person's new name or new address.
1182	1182	27 (l) The state police shall indicate on the form for a license to carry
1183	1183	28 a handgun the notification requirements of subsection (k).
1184	1184	29 (m) The state police department shall adopt rules under IC 4-22-2
1185	1185	30 to:
1186	1186	31 (1) implement an electronic application system under subsection
1187	1187	32 (a); and
1188	1188	33 (2) expedite the processing of an application made by a person
1189	1189	34 described in section 2.3(b) of this chapter.
1190	1190	35 Rules adopted under this section must require the superintendent to
1191	1191	36 keep on file one (1) set of classifiable and legible fingerprints from
1192	1192	37 every person who has received a license to carry a handgun so that a
1193	1193	38 person who applies to renew a license will not be required to submit an
1194	1194	39 additional set of fingerprints.
1195	1195	40 (n) Except as provided in subsection (o), for purposes of
1196	1196	41 IC 5-14-3-4(a)(1), the following information is confidential, may not
1197	1197	42 be published, and is not open to public inspection:
1198	1198	2023 IN 360—LS 7093/DI 144 28
1199	1199	1 (1) Information submitted by a person under this section to:
1200	1200	2 (A) obtain; or
1201	1201	3 (B) renew;
1202	1202	4 a license to carry a handgun.
1203	1203	5 (2) Information obtained by a federal, state, or local government
1204	1204	6 entity in the course of an investigation concerning a person who
1205	1205	7 applies to:
1206	1206	8 (A) obtain; or
1207	1207	9 (B) renew;
1208	1208	10 a license to carry a handgun issued under this chapter.
1209	1209	11 (3) The name, address, and any other information that may be
1210	1210	12 used to identify a person who holds a license to carry a handgun
1211	1211	13 issued under this chapter.
1212	1212	14 (o) Notwithstanding subsection (n):
1213	1213	15 (1) any information concerning an applicant for or a person who
1214	1214	16 holds a license to carry a handgun issued under this chapter may
1215	1215	17 be released to a federal, state, or local government entity:
1216	1216	18 (A) for law enforcement purposes; or
1217	1217	19 (B) to determine the validity of a license to carry a handgun;
1218	1218	20 and
1219	1219	21 (2) general information concerning the issuance of licenses to
1220	1220	22 carry handguns in Indiana may be released to a person conducting
1221	1221	23 journalistic or academic research, but only if all personal
1222	1222	24 information that could disclose the identity of any person who
1223	1223	25 holds a license to carry a handgun issued under this chapter has
1224	1224	26 been removed from the general information.
1225	1225	27 (p) A person who holds a valid license to carry a handgun under this
1226	1226	28 chapter is licensed to carry a handgun in Indiana.
1227	1227	29 (q) (p) A person who knowingly or intentionally violates this section
1228	1228	30 commits a Class B misdemeanor.
1229	1229	31 SECTION 20. IC 35-47-2-4, AS AMENDED BY P.L.175-2022,
1230	1230	32 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1231	1231	33 UPON PASSAGE]: Sec. 4. (a) Licenses to carry handguns issued under
1232	1232	34 section 3 of this chapter shall be either qualified or unlimited, and
1233	1233	35 are valid for:
1234	1234	36 (1) five (5) years from the date of issue in the case of a five (5)
1235	1235	37 year license; or
1236	1236	38 (2) the life of the individual receiving the license in the case of a
1237	1237	39 lifetime license.
1238	1238	40 A qualified license shall be issued for hunting and target practice.
1239	1239	41 An individual may separately apply for and simultaneously hold
1240	1240	42 both a five (5) year license and a lifetime license. The
1241	1241	2023 IN 360—LS 7093/DI 144 29
1242	1242	1 superintendent may adopt rules imposing limitations on the use
1243	1243	2 and carrying of handguns under a license when handguns are
1244	1244	3 carried by a licensee as a condition of employment. Unlimited
1245	1245	4 licenses shall be issued for the purpose of the protection of life and
1246	1246	5 property.
1247	1247	6 (b) There is no fee for a qualified or unlimited license. to carry a
1248	1248	7 handgun. The superintendent shall charge a twenty dollar ($20) fee for
1249	1249	8 the issuance of a duplicate license to replace a lost or damaged license.
1250	1250	9 This fee shall be deposited in accordance with subsection (c).
1251	1251	10 (c) Fees collected under this section shall be deposited in the state
1252	1252	11 general fund.
1253	1253	12 (d) The superintendent may not issue a lifetime qualified license or
1254	1254	13 a lifetime unlimited license to a person who is a resident of another
1255	1255	14 state. The superintendent may issue a five (5) year qualified license or
1256	1256	15 a five (5) year unlimited license to a person who is a resident of
1257	1257	16 another state and who has a regular place of business or employment
1258	1258	17 in Indiana as described in section 3(a)(3) of this chapter.
1259	1259	18 (e) A person who knowingly or intentionally violates this section
1260	1260	19 commits a Class B misdemeanor.
1261	1261	20 SECTION 21. IC 35-47-2-25 IS ADDED TO THE INDIANA
1262	1262	21 CODE AS A NEW SECTION TO READ AS FOLLOWS
1263	1263	22 [EFFECTIVE UPON PASSAGE]: Sec. 25. (a) In an information or
1264	1264	23 indictment brought for the enforcement of any provision of this
1265	1265	24 chapter, it is not necessary to negate any exemption specified under
1266	1266	25 this chapter, or to allege the absence of a license required under
1267	1267	26 this chapter. The burden of proof is on the defendant to prove that
1268	1268	27 the defendant is exempt under section 2.2 of this chapter, or that
1269	1269	28 the defendant has a license as required under this chapter.
1270	1270	29 (b) Whenever a person who has been arrested or charged with
1271	1271	30 a violation of section 1 of this chapter presents a valid license to the
1272	1272	31 prosecuting attorney or establishes that the person is exempt under
1273	1273	32 section 2.2 of this chapter, any prosecution for a violation of section
1274	1274	33 1 of this chapter shall be dismissed immediately, and all records of
1275	1275	34 an arrest or proceedings following arrest shall be destroyed
1276	1276	35 immediately.
1277	1277	36 SECTION 22. IC 35-47-2.5-1, AS AMENDED BY P.L.175-2022,
1278	1278	37 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1279	1279	38 UPON PASSAGE]: Sec. 1. (a) Sections 2 through 5 of this chapter do
1280	1280	39 not apply to the following:
1281	1281	40 (1) Transactions between persons who are licensed as firearms
1282	1282	41 importers or collectors or firearms manufacturers or dealers under
1283	1283	42 18 U.S.C. 923.
1284	1284	2023 IN 360—LS 7093/DI 144 30
1285	1285	1 (2) Purchases by or sales to a law enforcement officer or agent of
1286	1286	2 the United States, the state, or a county or local government.
1287	1287	3 (3) Indiana residents in possession of a license described in
1288	1288	4 IC 35-47-2-3. licensed to carry handguns under IC 35-47-2-3.
1289	1289	5 (b) Notwithstanding any other provision of this chapter, the state
1290	1290	6 shall participate in the NICS if federal funds are available to assist the
1291	1291	7 state in participating in the NICS. If:
1292	1292	8 (1) the state participates in the NICS; and
1293	1293	9 (2) there is a conflict between:
1294	1294	10 (A) a provision of this chapter; and
1295	1295	11 (B) a procedure required under the NICS;
1296	1296	12 the procedure required under the NICS prevails over the conflicting
1297	1297	13 provision of this chapter.
1298	1298	14 SECTION 23. IC 35-47-2.5-4.5 IS ADDED TO THE INDIANA
1299	1299	15 CODE AS A NEW SECTION TO READ AS FOLLOWS
1300	1300	16 [EFFECTIVE JULY 1, 2023]: Sec. 4.5. (a) This section does not
1301	1301	17 apply to:
1302	1302	18 (1) a law enforcement officer acting within the scope of the
1303	1303	19 officer's official duties;
1304	1304	20 (2) active duty members of the armed forces of the United
1305	1305	21 States acting within the scope of their official duties;
1306	1306	22 (3) any action or activity described in IC 35-47-10-1(b);
1307	1307	23 (4) the temporary transfer of a firearm to another person:
1308	1308	24 (A) while at a shooting range (as defined in
1309	1309	25 IC 14-22-31.5-3);
1310	1310	26 (B) for the purpose of providing or receiving instruction
1311	1311	27 during a firearms instructional course; or
1312	1312	28 (C) for the purpose of engaging in a legal hunting activity;
1313	1313	29 (5) the receipt of a firearm by a gunsmith or armorer for the
1314	1314	30 purpose of repair or modification;
1315	1315	31 (6) the receipt of a firearm by a person who is:
1316	1316	32 (A) required to carry, handle, or transport a firearm as a
1317	1317	33 result of a commercial or professional responsibility; and
1318	1318	34 (B) acting within the scope of the person's commercial or
1319	1319	35 professional responsibilities at the time of the person's
1320	1320	36 receipt, possession, or transfer of the firearm;
1321	1321	37 (7) a dealer who is selling, trading, or transferring a firearm
1322	1322	38 to another dealer; or
1323	1323	39 (8) a person who transfers a firearm to a relative.
1324	1324	40 (b) A person who wishes to sell, trade, or transfer a firearm to
1325	1325	41 another person must:
1326	1326	42 (1) transact the sale, trade, or transfer through a dealer; and
1327	1327	2023 IN 360—LS 7093/DI 144 31
1328	1328	1 (2) provide the dealer with:
1329	1329	2 (A) the name, date of birth, and residential address of the
1330	1330	3 seller of the firearm;
1331	1331	4 (B) the name, date of birth, and residential address of the
1332	1332	5 recipient of the firearm;
1333	1333	6 (C) any other information required by:
1334	1334	7 (i) Form 4473; or
1335	1335	8 (ii) the dealer;
1336	1336	9 for the purpose of submitting the respective identities of
1337	1337	10 the seller and recipient to NICS; and
1338	1338	11 (D) a certificate of completion under IC 35-47-1.5-3.
1339	1339	12 (c) A dealer must do the following before transacting any sale,
1340	1340	13 trade, or transfer of a firearm between private parties:
1341	1341	14 (1) Successfully contact NICS.
1342	1342	15 (2) Receive authorization from NICS to complete the
1343	1343	16 requested sale, trade, or transfer of the firearm before
1344	1344	17 performing the requested sale, trade, or transfer.
1345	1345	18 (3) Comply with all applicable federal laws concerning the
1346	1346	19 private sale, trade, or transfer of a firearm.
1347	1347	20 (4) Receive from the intended recipient of the firearm a
1348	1348	21 certificate of completion under IC 35-47-1.5-3.
1349	1349	22 (d) A dealer may:
1350	1350	23 (1) charge a fee for the dealer's role in transacting the sale,
1351	1351	24 trade, or transfer of a firearm; and
1352	1352	25 (2) refuse to transact the sale, trade, or transfer of a firearm
1353	1353	26 for any reason.
1354	1354	27 If a dealer refuses to transact a sale, trade, or transfer, the dealer
1355	1355	28 must provide to the prospective recipient and prospective seller a
1356	1356	29 written explanation for the dealer's refusal to transact the
1357	1357	30 requested sale, trade, or transfer.
1358	1358	31 (e) Except as provided in subsections (f), (g), (h), and (i), a
1359	1359	32 dealer who refuses to transact the sale, trade, or transfer of a
1360	1360	33 firearm under subsection (d) must do the following:
1361	1361	34 (1) As soon as practicable, inform the seller and intended
1362	1362	35 recipient of the firearm of the dealer's decision to not transact
1363	1363	36 the sale, trade, or transfer of the firearm.
1364	1364	37 (2) Return any fee originally charged by the dealer for the
1365	1365	38 dealer's role in transacting the sale, trade, or transfer of the
1366	1366	39 firearm to the appropriate party or parties.
1367	1367	40 (3) Return the firearm to be sold, traded, or transferred to the
1368	1368	41 seller if:
1369	1369	42 (A) the firearm is in the dealer's control or possession at
1370	1370	2023 IN 360—LS 7093/DI 144 32
1371	1371	1 the time the dealer refuses to transact the sale, trade, or
1372	1372	2 transfer of the firearm; and
1373	1373	3 (B) the seller is not otherwise prohibited under federal or
1374	1374	4 state law from possessing a firearm or NFA firearm, as
1375	1375	5 applicable.
1376	1376	6 (f) A dealer who discovers that the seller of a firearm is not
1377	1377	7 eligible, under federal or state law, to possess a firearm or an NFA
1378	1378	8 firearm, as applicable, must:
1379	1379	9 (1) comply with subsection (e)(1);
1380	1380	10 (2) maintain custody of the firearm;
1381	1381	11 (3) surrender the firearm to the state police not later than
1382	1382	12 twenty-four (24) hours after learning of the seller's inability
1383	1383	13 to possess the firearm or NFA firearm, as applicable; and
1384	1384	14 (4) comply with all applicable federal laws concerning the
1385	1385	15 transfer of a firearm.
1386	1386	16 A dealer who is unable to transact the sale, trade, or transfer of a
1387	1387	17 firearm due to the inability of the seller to possess a firearm or
1388	1388	18 NFA firearm, as applicable, is not required to return any fee
1389	1389	19 originally charged to the seller for the dealer's role in the
1390	1390	20 attempted transaction.
1391	1391	21 (g) A dealer who discovers that the intended recipient of a
1392	1392	22 firearm is not eligible, under federal or state law, to possess a
1393	1393	23 firearm or an NFA firearm, as applicable, must:
1394	1394	24 (1) comply with subsection (e)(1);
1395	1395	25 (2) maintain custody of the firearm;
1396	1396	26 (3) return the firearm to the seller as soon as practicable if the
1397	1397	27 seller is not otherwise prohibited under federal or state law
1398	1398	28 from possessing the firearm or NFA firearm, as applicable;
1399	1399	29 and
1400	1400	30 (4) comply with all applicable federal laws concerning the
1401	1401	31 transfer of a firearm.
1402	1402	32 A dealer who is unable to transact the sale, trade, or transfer of a
1403	1403	33 firearm due to the inability of the intended recipient to possess a
1404	1404	34 firearm or NFA firearm, as applicable, is not required to return
1405	1405	35 any fee originally charged to the intended recipient for the dealer's
1406	1406	36 role in the attempted transaction.
1407	1407	37 (h) A dealer who discovers that the seller of a firearm and the
1408	1408	38 intended recipient of the firearm are not eligible, under federal or
1409	1409	39 state law, to possess a firearm or an NFA firearm, as applicable,
1410	1410	40 must:
1411	1411	41 (1) comply with subsection (e)(1);
1412	1412	42 (2) maintain custody of the firearm;
1413	1413	2023 IN 360—LS 7093/DI 144 33
1414	1414	1 (3) surrender the firearm to the state police not later than
1415	1415	2 twenty-four (24) hours after learning of the seller's and
1416	1416	3 intended recipient's ineligibility to possess a firearm or NFA
1417	1417	4 firearm, as applicable; and
1418	1418	5 (4) comply with all applicable federal laws concerning the
1419	1419	6 transfer of a firearm.
1420	1420	7 A dealer who is unable to transact the sale, trade, or transfer of a
1421	1421	8 firearm due to the inability of the seller and the intended recipient
1422	1422	9 to possess a firearm or NFA firearm, as applicable, is not required
1423	1423	10 to return any fee originally charged to the seller or the recipient
1424	1424	11 for the dealer's role in the attempted transaction.
1425	1425	12 (i) A dealer who discovers that a firearm to be sold, traded, or
1426	1426	13 transferred has been:
1427	1427	14 (1) reported:
1428	1428	15 (A) lost; or
1429	1429	16 (B) stolen; or
1430	1430	17 (2) used in the commission of a crime;
1431	1431	18 must comply with subsection (e)(1), maintain custody of the
1432	1432	19 firearm, and surrender the firearm to the state police not later
1433	1433	20 than twenty-four (24) hours after learning of the firearm's lost,
1434	1434	21 stolen, or criminal activity status and comply with all applicable
1435	1435	22 federal laws concerning the transfer of a firearm. A dealer who is
1436	1436	23 unable to transact the sale, trade, or transfer of a firearm due to
1437	1437	24 the lost, stolen, or criminal activity status of a firearm to be sold,
1438	1438	25 traded, or transferred is not required to return any fee originally
1439	1439	26 charged to the seller or intended recipient for the dealer's role in
1440	1440	27 the attempted transaction.
1441	1441	28 (j) A dealer who:
1442	1442	29 (1) refuses to transact the sale, trade, or transfer of a firearm
1443	1443	30 under subsection (d)(2) and complies with subsection (e); or
1444	1444	31 (2) aborts the sale, trade, or transfer of a firearm for a
1445	1445	32 reason:
1446	1446	33 (A) described in subsection (f), (g), (h), or (i); or
1447	1447	34 (B) required under federal or state law;
1448	1448	35 shall be immune from civil liability and damages, including
1449	1449	36 punitive damages, for any act or omission related to the dealer's
1450	1450	37 decision to terminate a firearm sale, trade, or transfer described in
1451	1451	38 subdivisions (1) and (2). If a dealer is not liable under this
1452	1452	39 subsection, no person, by reason of an agency relationship with the
1453	1453	40 dealer, may be held liable for any damages, including punitive
1454	1454	41 damages, related to a terminated sale, trade, or transfer of a
1455	1455	42 firearm.
1456	1456	2023 IN 360—LS 7093/DI 144 34
1457	1457	1 (k) A person who knowingly or intentionally makes a materially
1458	1458	2 false statement to a dealer for the purpose of completing a
1459	1459	3 transaction described in this section commits firearm transfer
1460	1460	4 fraud, a Level 6 felony. However, the offense is a Level 5 felony if
1461	1461	5 the person has a prior unrelated conviction under this subsection.
1462	1462	6 (l) A dealer who knowingly or intentionally transacts the sale,
1463	1463	7 trade, or transfer of a firearm:
1464	1464	8 (1) without contacting NICS;
1465	1465	9 (2) without receiving authorization from NICS to proceed
1466	1466	10 with the requested sale, trade, or transfer of the firearm
1467	1467	11 before transacting the requested sale, trade, or transfer of the
1468	1468	12 firearm; or
1469	1469	13 (3) in violation of a NICS instruction to terminate the
1470	1470	14 requested sale, trade, or transfer of the firearm;
1471	1471	15 commits unlawful transfer of a firearm, a Level 6 felony. However,
1472	1472	16 the offense is a Level 5 felony if the person has a prior unrelated
1473	1473	17 conviction for an offense under this subsection.
1474	1474	18 (m) It is a defense to a prosecution under subsection (l) that a
1475	1475	19 dealer received authorization from NICS to transact a sale, trade,
1476	1476	20 or transfer of a firearm.
1477	1477	21 SECTION 24. IC 35-47-2.5-4.6 IS ADDED TO THE INDIANA
1478	1478	22 CODE AS A NEW SECTION TO READ AS FOLLOWS
1479	1479	23 [EFFECTIVE JULY 1, 2023]: Sec. 4.6. (a) For purposes of this
1480	1480	24 section, "safe storage device" means a:
1481	1481	25 (1) trigger lock;
1482	1482	26 (2) bore lock;
1483	1483	27 (3) cable lock; or
1484	1484	28 (4) device comparable to the devices listed in subdivisions (1)
1485	1485	29 through (3) that functions to temporarily render a firearm
1486	1486	30 inoperable.
1487	1487	31 (b) At the time of transacting a sale, trade, or transfer of a
1488	1488	32 firearm, a dealer shall provide to the recipient of the firearm a safe
1489	1489	33 storage device.
1490	1490	34 (c) A dealer who knowingly or intentionally violates subsection
1491	1491	35 (b) commits a Class A misdemeanor.
1492	1492	36 SECTION 25. IC 35-47-11.1-1, AS ADDED BY P.L.152-2011,
1493	1493	37 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1494	1494	38 JULY 1, 2023]: Sec. 1. (a) Except as provided in subsection (b), this
1495	1495	39 chapter applies to a political subdivision (as defined in IC 3-5-2-38).
1496	1496	40 (b) This chapter does not apply to a county with a consolidated
1497	1497	41 city.
1498	1498	42 SECTION 26. IC 35-47-11.1-4, AS AMENDED BY P.L.175-2022,
1499	1499	2023 IN 360—LS 7093/DI 144 35
1500	1500	1 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1501	1501	2 UPON PASSAGE]: Sec. 4. This chapter may not be construed to
1502	1502	3 prevent any of the following:
1503	1503	4 (1) A law enforcement agency of a political subdivision from
1504	1504	5 enacting and enforcing regulations pertaining to firearms,
1505	1505	6 ammunition, or firearm accessories issued to or used by law
1506	1506	7 enforcement officers in the course of their official duties.
1507	1507	8 (2) Subject to IC 34-28-7-2, an employer from regulating or
1508	1508	9 prohibiting the employees of the employer from carrying firearms
1509	1509	10 and ammunition in the course of the employee's official duties.
1510	1510	11 (3) A court or administrative law judge from hearing and
1511	1511	12 resolving any case or controversy or issuing any opinion or order
1512	1512	13 on a matter within the jurisdiction of the court or judge.
1513	1513	14 (4) The enactment or enforcement of generally applicable zoning
1514	1514	15 or business ordinances that apply to firearms businesses to the
1515	1515	16 same degree as other similar businesses. However, a provision of
1516	1516	17 an ordinance that is designed or enforced to effectively restrict or
1517	1517	18 prohibit the sale, purchase, transfer, manufacture, or display of
1518	1518	19 firearms, ammunition, or firearm accessories that is otherwise
1519	1519	20 lawful under the laws of this state is void. A unit (as defined in
1520	1520	21 IC 36-1-2-23) may not use the unit's planning and zoning powers
1521	1521	22 under IC 36-7-4 to prohibit the sale of firearms within a
1522	1522	23 prescribed distance of any other type of commercial property or
1523	1523	24 of school property or other educational property.
1524	1524	25 (5) Subject to IC 35-47-16-1, the enactment or enforcement of a
1525	1525	26 provision prohibiting or restricting the possession of a firearm in
1526	1526	27 any building that contains the courtroom of a circuit, superior,
1527	1527	28 city, town, or small claims court. However, if a portion of the
1528	1528	29 building is occupied by a residential tenant or private business,
1529	1529	30 any provision restricting or prohibiting the possession of a firearm
1530	1530	31 does not apply to the portion of the building that is occupied by
1531	1531	32 the residential tenant or private business, or to common areas of
1532	1532	33 the building used by a residential tenant or private business.
1533	1533	34 (6) The enactment or enforcement of a provision prohibiting or
1534	1534	35 restricting the intentional display of a firearm at a public meeting.
1535	1535	36 (7) The enactment or enforcement of a provision prohibiting or
1536	1536	37 restricting the possession of a firearm in a public hospital
1537	1537	38 corporation that contains a secure correctional health unit that is
1538	1538	39 staffed by a law enforcement officer twenty-four (24) hours a day.
1539	1539	40 (8) The imposition of any restriction or condition placed on a
1540	1540	41 person participating in:
1541	1541	42 (A) a community corrections program (IC 11-12-1);
1542	1542	2023 IN 360—LS 7093/DI 144 36
1543	1543	1 (B) a forensic diversion program (IC 11-12-3.7); or
1544	1544	2 (C) a pretrial diversion program (IC 33-39-1).
1545	1545	3 (9) The enforcement or prosecution of the offense of criminal
1546	1546	4 recklessness (IC 35-42-2-2) involving the use of a firearm.
1547	1547	5 (10) For an event occurring on property leased from a political
1548	1548	6 subdivision or municipal corporation by the promoter or organizer
1549	1549	7 of the event:
1550	1550	8 (A) the establishment, by the promoter or organizer, at the
1551	1551	9 promoter's or organizer's own discretion, of rules of conduct or
1552	1552	10 admission upon which attendance at or participation in the
1553	1553	11 event is conditioned; or
1554	1554	12 (B) the implementation or enforcement of the rules of conduct
1555	1555	13 or admission described in clause (A) by a political subdivision
1556	1556	14 or municipal corporation in connection with the event.
1557	1557	15 (11) The enactment or enforcement of a provision prohibiting or
1558	1558	16 restricting the possession of a firearm in a hospital established
1559	1559	17 and operated under IC 16-22-2 or IC 16-23.
1560	1560	18 (12) A unit from using the unit's planning and zoning powers
1561	1561	19 under IC 36-7-4 to prohibit the sale of firearms within two
1562	1562	20 hundred (200) feet of a school by a person having a business that
1563	1563	21 did not sell firearms within two hundred (200) feet of a school
1564	1564	22 before April 1, 1994.
1565	1565	23 (13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23)
1566	1566	24 from enacting or enforcing a provision prohibiting or restricting
1567	1567	25 the possession of a firearm in a building owned or administered
1568	1568	26 by the unit if:
1569	1569	27 (A) metal detection devices are located at each public entrance
1570	1570	28 to the building;
1571	1571	29 (B) each public entrance to the building is staffed by at least
1572	1572	30 one (1) law enforcement officer:
1573	1573	31 (i) who has been adequately trained to conduct inspections
1574	1574	32 of persons entering the building by use of metal detection
1575	1575	33 devices and proper physical pat down searches; and
1576	1576	34 (ii) when the building is open to the public; and
1577	1577	35 (C) each:
1578	1578	36 (i) individual who enters the building through the public
1579	1579	37 entrance when the building is open to the public; and
1580	1580	38 (ii) bag, package, and other container carried by the
1581	1581	39 individual;
1582	1582	40 is inspected by a law enforcement officer described in clause
1583	1583	41 (B).
1584	1584	42 However, except as provided in subdivision (5) concerning a
1585	1585	2023 IN 360—LS 7093/DI 144 37
1586	1586	1 building that contains a courtroom, a unit may not prohibit or
1587	1587	2 restrict the possession of a handgun under this subdivision in a
1588	1588	3 building owned or administered by the unit if the person who
1589	1589	4 possesses the handgun is not otherwise prohibited from carrying
1590	1590	5 or possessing a handgun. has been issued a valid license to
1591	1591	6 carry the handgun under IC 35-47-2.
1592	1592	7 SECTION 27. IC 35-50-2-13, AS AMENDED BY P.L.175-2022,
1593	1593	8 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1594	1594	9 UPON PASSAGE]: Sec. 13. (a) The state may seek, on a page separate
1595	1595	10 from the rest of a charging instrument, to have a person who allegedly
1596	1596	11 committed an offense of dealing in a controlled substance under
1597	1597	12 IC 35-48-4-1 through IC 35-48-4-4 sentenced to an additional fixed
1598	1598	13 term of imprisonment if the state can show beyond a reasonable doubt
1599	1599	14 that the person knowingly or intentionally:
1600	1600	15 (1) used a firearm; or
1601	1601	16 (2) possessed a:
1602	1602	17 (A) handgun in violation of IC 35-47-2-1.5; IC 35-47-2-1;
1603	1603	18 (B) sawed-off shotgun in violation of federal law; or
1604	1604	19 (C) machine gun in violation of IC 35-47-5-8;
1605	1605	20 while committing the offense.
1606	1606	21 (b) If the person was convicted of the offense in a jury trial, the jury
1607	1607	22 shall reconvene to hear evidence in the enhancement hearing. If the
1608	1608	23 trial was to the court, or the judgment was entered on a guilty plea, the
1609	1609	24 court alone shall hear evidence in the enhancement hearing.
1610	1610	25 (c) If the jury (if the hearing is by jury) or the court (if the hearing
1611	1611	26 is to the court alone) finds that the state has proved beyond a
1612	1612	27 reasonable doubt that the person knowingly or intentionally committed
1613	1613	28 an offense as described in subsection (a), the court may sentence the
1614	1614	29 person to an additional fixed term of imprisonment of not more than
1615	1615	30 five (5) years, except as follows:
1616	1616	31 (1) If the firearm is a sawed-off shotgun, the court may sentence
1617	1617	32 the person to an additional fixed term of imprisonment of not
1618	1618	33 more than ten (10) years.
1619	1619	34 (2) If the firearm is a machine gun or is equipped with a firearm
1620	1620	35 silencer or firearm muffler, the court may sentence the person to
1621	1621	36 an additional fixed term of imprisonment of not more than twenty
1622	1622	37 (20) years. The additional sentence under this subdivision is in
1623	1623	38 addition to any additional sentence imposed under section 11 of
1624	1624	39 this chapter for use of a firearm in the commission of an offense.
1625	1625	40 SECTION 28. An emergency is declared for this act.
1626	1626	2023 IN 360—LS 7093/DI 144