Introduced Version
SENATE BILL No. 360
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-1-9; IC 11-13-1-3.5; IC 14-16-1-23;
IC 31-30-1-4; IC 34-30-2.1-566.5; IC 35-31.5-2; IC 35-33-1-1;
IC 35-47; IC 35-50-2-13.
Synopsis: Firearms matters. Repeals the offense of unlawful carrying
of a handgun. Makes it a Class A misdemeanor to carry a handgun
without being licensed to carry a handgun. Specifies exceptions.
Enhances the offense to a Level 5 felony in particular instances.
Provides that a person who has been convicted of domestic battery may
not possess or carry a handgun unless the right has been restored.
Allows a person who is protected by a protection order and meets other
requirements to carry a handgun without a license for 60 days after the
protection order is issued. Provides that licenses to carry handguns are
either qualified or unlimited and describes the distinction between the
two. Specifies the burden of proof and grounds for dismissal for certain
firearms offenses. Requires a person wishing to sell, trade, or transfer
(transfer) a firearm to another person to transact the transfer through a
dealer and provide the dealer with certain information. Specifies the
background checks that a dealer must complete prior to the transaction.
Permits a dealer to refuse to transact a firearm transfer. Requires a
dealer to abort the transaction in other instances. Specifies
requirements for a dealer who refuses to transact or aborts a firearm
transfer. Makes a dealer immune from civil liability and damages in
certain instances. Makes the offenses of firearm transfer fraud and the
unlawful transfer of a firearm Level 6 felonies. Enhances both offenses
in particular instances. Specifies exceptions and defenses. Requires a
person to: (1) complete certain firearms safety training; and (2) present
a certificate of completion of that training to a dealer; before
purchasing a firearm. Prohibits a dealer from selling a firearm to a
person who does not present a certificate of completion. Makes it a
(Continued next page)
Effective: Upon passage; July 1, 2023.
Qaddoura
January 12, 2023, read first time and referred to Committee on Corrections and Criminal
Law.
2023 IN 360—LS 7093/DI 144 Digest Continued
Class A misdemeanor for a: (1) dealer; (2) person approved to provide
firearms training; or (3) prospective firearms purchaser; to commit
certain offenses concerning a certificate of completion. Makes it a
Class A misdemeanor for a dealer to fail to provide a safe storage
device at the time of transacting a sale, trade, or transfer of a firearm.
Provides that the prohibition on a political subdivision's regulation of
certain matters concerning firearms does not apply to a county with a
consolidated city. Defines terms. Makes conforming amendments and
technical corrections.
2023 IN 360—LS 7093/DI 1442023 IN 360—LS 7093/DI 144 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE BILL No. 360
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-1-9, AS AMENDED BY THE TECHNICAL
2 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
3 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
4 PASSAGE]: Sec. 9. (a) The board shall adopt in accordance with
5 IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
6 The rules, which shall be adopted only after necessary and proper
7 investigation and inquiry by the board, shall include the establishment
8 of the following:
9 (1) A consistent and uniform statewide deadly force policy and
10 training program, that is consistent with state and federal law.
11 Upon adoption by the law enforcement training board, the policy
12 and training program must be implemented, without modification,
13 by all Indiana law enforcement agencies, offices, or departments.
14 (2) A consistent and uniform statewide defensive tactics policy
15 and training program, that is consistent with state and federal law.
2023 IN 360—LS 7093/DI 144 2
1 Upon adoption by the law enforcement training board, the policy
2 and training program must be implemented, without modification,
3 by all Indiana law enforcement agencies, offices, or departments.
4 (3) A uniform statewide minimum standard for vehicle pursuits
5 consistent with state and federal law.
6 (4) Minimum standards of physical, educational, mental, and
7 moral fitness which shall govern the acceptance of any person for
8 training by any law enforcement training school or academy
9 meeting or exceeding the minimum standards established
10 pursuant to this chapter.
11 (5) Minimum standards for law enforcement training schools
12 administered by towns, cities, counties, law enforcement training
13 centers, agencies, or departments of the state.
14 (6) Minimum standards for courses of study, attendance
15 requirements, equipment, and facilities for approved town, city,
16 county, and state law enforcement officer, police reserve officer,
17 and conservation reserve officer training schools.
18 (7) Minimum standards for a course of study on cultural diversity
19 awareness, including training on the U nonimmigrant visa created
20 through the federal Victims of Trafficking and Violence
21 Protection Act of 2000 (P.L. 106-386) that must be required for
22 each person accepted for training at a law enforcement training
23 school or academy. Cultural diversity awareness study must
24 include an understanding of cultural issues related to race,
25 religion, gender, age, domestic violence, national origin, and
26 physical and mental disabilities.
27 (8) Minimum qualifications for instructors at approved law
28 enforcement training schools.
29 (9) Minimum basic training requirements which law enforcement
30 officers appointed to probationary terms shall complete before
31 being eligible for continued or permanent employment.
32 (10) Minimum basic training requirements which law
33 enforcement officers appointed on other than a permanent basis
34 shall complete in order to be eligible for continued employment
35 or permanent appointment.
36 (11) Minimum basic training requirements which law
37 enforcement officers appointed on a permanent basis shall
38 complete in order to be eligible for continued employment.
39 (12) Minimum basic training requirements for each person
40 accepted for training at a law enforcement training school or
41 academy that include six (6) hours of training in interacting with:
42 (A) persons with autism, mental illness, addictive disorders,
2023 IN 360—LS 7093/DI 144 3
1 intellectual disabilities, and developmental disabilities;
2 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
3 and
4 (C) persons with Alzheimer's disease or related senile
5 dementia;
6 to be provided by persons approved by the secretary of family and
7 social services and the board. The training must include an
8 overview of the crisis intervention teams.
9 (13) Minimum standards for a course of study on human and
10 sexual trafficking that must be required for each person accepted
11 for training at a law enforcement training school or academy and
12 for inservice training programs for law enforcement officers. The
13 course must cover the following topics:
14 (A) Examination of the human and sexual trafficking laws (IC
15 35-42-3.5).
16 (B) Identification of human and sexual trafficking.
17 (C) Communicating with traumatized persons.
18 (D) Therapeutically appropriate investigative techniques.
19 (E) Collaboration with federal law enforcement officials.
20 (F) Rights of and protections afforded to victims.
21 (G) Providing documentation that satisfies the Declaration of
22 Law Enforcement Officer for Victim of Trafficking in Persons
23 (Form I-914, Supplement B) requirements established under
24 federal law.
25 (H) The availability of community resources to assist human
26 and sexual trafficking victims.
27 (14) Minimum standards for ongoing specialized, intensive, and
28 integrative training for persons responsible for investigating
29 sexual assault cases involving adult victims. This training must
30 include instruction on:
31 (A) the neurobiology of trauma;
32 (B) trauma informed interviewing; and
33 (C) investigative techniques.
34 (15) Minimum standards for de-escalation training. De-escalation
35 training shall be taught as a part of existing use-of-force training
36 and not as a separate topic.
37 (16) Minimum standards regarding best practices for crowd
38 control, protests, and First Amendment activities.
39 All statewide policies and minimum standards shall be documented in
40 writing and published on the Indiana law enforcement academy
41 (ILEA) website. Any policy, standard, or training program
42 implemented, adopted, or promulgated by a vote of the board may only
2023 IN 360—LS 7093/DI 144 4
1 subsequently be modified or rescinded by a two-thirds (2/3) majority
2 vote of the board.
3 (b) A law enforcement officer appointed after July 5, 1972, and
4 before July 1, 1993, may not enforce the laws or ordinances of the state
5 or any political subdivision unless the officer has, within one (1) year
6 from the date of appointment, successfully completed the minimum
7 basic training requirements established under this chapter by the board.
8 If a person fails to successfully complete the basic training
9 requirements within one (1) year from the date of employment, the
10 officer may not perform any of the duties of a law enforcement officer
11 involving control or direction of members of the public or exercising
12 the power of arrest until the officer has successfully completed the
13 training requirements. This subsection does not apply to any law
14 enforcement officer appointed before July 6, 1972, or after June 30,
15 1993.
16 (c) Military leave or other authorized leave of absence from law
17 enforcement duty during the first year of employment after July 6,
18 1972, shall toll the running of the first year, which shall be calculated
19 by the aggregate of the time before and after the leave, for the purposes
20 of this chapter.
21 (d) Except as provided in subsections (e), (m), (t), and (u), a law
22 enforcement officer appointed to a law enforcement department or
23 agency after June 30, 1993, may not:
24 (1) make an arrest;
25 (2) conduct a search or a seizure of a person or property; or
26 (3) carry a firearm;
27 unless the law enforcement officer successfully completes, at a board
28 certified law enforcement academy or at a law enforcement training
29 center under section 10.5 or 15.2 of this chapter, the basic training
30 requirements established by the board under this chapter.
31 (e) This subsection does not apply to:
32 (1) a gaming agent employed as a law enforcement officer by the
33 Indiana gaming commission; or
34 (2) an:
35 (A) attorney; or
36 (B) investigator;
37 designated by the securities commissioner as a police officer of
38 the state under IC 23-19-6-1(k).
39 Before a law enforcement officer appointed after June 30, 1993,
40 completes the basic training requirements, the law enforcement officer
41 may exercise the police powers described in subsection (d) if the
42 officer successfully completes the pre-basic course established in
2023 IN 360—LS 7093/DI 144 5
1 subsection (f). Successful completion of the pre-basic course authorizes
2 a law enforcement officer to exercise the police powers described in
3 subsection (d) for one (1) year after the date the law enforcement
4 officer is appointed.
5 (f) The board shall adopt rules under IC 4-22-2 to establish a
6 pre-basic course for the purpose of training:
7 (1) law enforcement officers;
8 (2) police reserve officers (as described in IC 36-8-3-20); and
9 (3) conservation reserve officers (as described in IC 14-9-8-27);
10 regarding the subjects of arrest, search and seizure, the lawful use of
11 force, de-escalation training, interacting with individuals with autism,
12 and the operation of an emergency vehicle. The pre-basic course must
13 be offered on a periodic basis throughout the year at regional sites
14 statewide. The pre-basic course must consist of at least forty (40) hours
15 of course work. The board may prepare the classroom part of the
16 pre-basic course using available technology in conjunction with live
17 instruction. The board shall provide the course material, the instructors,
18 and the facilities at the regional sites throughout the state that are used
19 for the pre-basic course. In addition, the board may certify pre-basic
20 courses that may be conducted by other public or private training
21 entities, including postsecondary educational institutions.
22 (g) Subject to subsection (h), the board shall adopt rules under
23 IC 4-22-2 to establish a mandatory inservice training program for
24 police officers and police reserve officers (as described in
25 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
26 satisfactorily completed basic training and has been appointed to a law
27 enforcement department or agency on either a full-time or part-time
28 basis is not eligible for continued employment unless the officer
29 satisfactorily completes the mandatory inservice training requirements
30 established by rules adopted by the board. Inservice training must
31 include de-escalation training. Inservice training must also include
32 training in interacting with persons with mental illness, addictive
33 disorders, intellectual disabilities, autism, developmental disabilities,
34 and Alzheimer's disease or related senile dementia, to be provided by
35 persons approved by the secretary of family and social services and the
36 board, and training concerning human and sexual trafficking and high
37 risk missing persons (as defined in IC 5-2-17-1). The board may
38 approve courses offered by other public or private training entities,
39 including postsecondary educational institutions, as necessary in order
40 to ensure the availability of an adequate number of inservice training
41 programs. The board may waive an officer's inservice training
42 requirements if the board determines that the officer's reason for
2023 IN 360—LS 7093/DI 144 6
1 lacking the required amount of inservice training hours is due to either
2 an emergency situation or the unavailability of courses.
3 (h) This subsection applies only to a mandatory inservice training
4 program under subsection (g). Notwithstanding subsection (g), the
5 board may, without adopting rules under IC 4-22-2, modify the course
6 work of a training subject matter, modify the number of hours of
7 training required within a particular subject matter, or add a new
8 subject matter, if the board satisfies the following requirements:
9 (1) The board must conduct at least two (2) public meetings on
10 the proposed modification or addition.
11 (2) After approving the modification or addition at a public
12 meeting, the board must post notice of the modification or
13 addition on the Indiana law enforcement academy's Internet web
14 site website at least thirty (30) days before the modification or
15 addition takes effect.
16 If the board does not satisfy the requirements of this subsection, the
17 modification or addition is void. This subsection does not authorize the
18 board to eliminate any inservice training subject matter required under
19 subsection (g).
20 (i) The board shall also adopt rules establishing a town marshal
21 basic training program, subject to the following:
22 (1) The program must require fewer hours of instruction and class
23 attendance and fewer courses of study than are required for the
24 mandated basic training program.
25 (2) Certain parts of the course materials may be studied by a
26 candidate at the candidate's home in order to fulfill requirements
27 of the program.
28 (3) Law enforcement officers successfully completing the
29 requirements of the program are eligible for appointment only in
30 towns employing the town marshal system (IC 36-5-7) and having
31 not more than one (1) marshal and two (2) deputies.
32 (4) The limitation imposed by subdivision (3) does not apply to an
33 officer who has successfully completed the mandated basic
34 training program.
35 (5) The time limitations imposed by subsections (b) and (c) for
36 completing the training are also applicable to the town marshal
37 basic training program.
38 (6) The program must require training in interacting with
39 individuals with autism.
40 (j) The board shall adopt rules under IC 4-22-2 to establish an
41 executive training program. The executive training program must
42 include training in the following areas:
2023 IN 360—LS 7093/DI 144 7
1 (1) Liability.
2 (2) Media relations.
3 (3) Accounting and administration.
4 (4) Discipline.
5 (5) Department policy making.
6 (6) Lawful use of force and de-escalation training.
7 (7) Department programs.
8 (8) Emergency vehicle operation.
9 (9) Cultural diversity.
10 (k) A police chief shall apply for admission to the executive training
11 program within two (2) months of the date the police chief initially
12 takes office. A police chief must successfully complete the executive
13 training program within six (6) months of the date the police chief
14 initially takes office. However, if space in the executive training
15 program is not available at a time that will allow completion of the
16 executive training program within six (6) months of the date the police
17 chief initially takes office, the police chief must successfully complete
18 the next available executive training program that is offered after the
19 police chief initially takes office.
20 (l) A police chief who fails to comply with subsection (k) may not
21 continue to serve as the police chief until completion of the executive
22 training program. For the purposes of this subsection and subsection
23 (k), "police chief" refers to:
24 (1) the police chief of any city;
25 (2) the police chief of any town having a metropolitan police
26 department; and
27 (3) the chief of a consolidated law enforcement department
28 established under IC 36-3-1-5.1.
29 A town marshal is not considered to be a police chief for these
30 purposes, but a town marshal may enroll in the executive training
31 program.
32 (m) A fire investigator in the department of homeland security
33 appointed after December 31, 1993, is required to comply with the
34 basic training standards established under this chapter.
35 (n) The board shall adopt rules under IC 4-22-2 to establish a
36 program to certify handgun safety courses, including courses offered
37 in the private sector, that meet standards approved by the board for
38 training probation officers in handgun safety as required by
39 IC 11-13-1-3.5(2). IC 11-13-1-3.5(3).
40 (o) The board shall adopt rules under IC 4-22-2 to establish a
41 refresher course for an officer who:
42 (1) is hired by an Indiana law enforcement department or agency
2023 IN 360—LS 7093/DI 144 8
1 as a law enforcement officer;
2 (2) has not been employed as a law enforcement officer for:
3 (A) at least two (2) years; and
4 (B) less than six (6) years before the officer is hired under
5 subdivision (1); and
6 (3) completed at any time a basic training course certified or
7 recognized by the board before the officer is hired under
8 subdivision (1).
9 (p) An officer to whom subsection (o) applies must successfully
10 complete the refresher course described in subsection (o) not later than
11 six (6) months after the officer's date of hire, or the officer loses the
12 officer's powers of:
13 (1) arrest;
14 (2) search; and
15 (3) seizure.
16 (q) The board shall adopt rules under IC 4-22-2 to establish a
17 refresher course for an officer who:
18 (1) is appointed by an Indiana law enforcement department or
19 agency as a reserve police officer; and
20 (2) has not worked as a reserve police officer for at least two (2)
21 years after:
22 (A) completing the pre-basic course; or
23 (B) leaving the individual's last appointment as a reserve
24 police officer.
25 An officer to whom this subsection applies must successfully complete
26 the refresher course established by the board in order to work as a
27 reserve police officer.
28 (r) This subsection applies to an individual who, at the time the
29 individual completes a board certified or recognized basic training
30 course, has not been appointed as a law enforcement officer by an
31 Indiana law enforcement department or agency. If the individual is not
32 employed as a law enforcement officer for at least two (2) years after
33 completing the basic training course, the individual must successfully
34 retake and complete the basic training course as set forth in subsection
35 (d).
36 (s) The board shall adopt rules under IC 4-22-2 to establish a
37 refresher course for an individual who:
38 (1) is appointed as a board certified instructor of law enforcement
39 training; and
40 (2) has not provided law enforcement training instruction for
41 more than one (1) year after the date the individual's instructor
42 certification expired.
2023 IN 360—LS 7093/DI 144 9
1 An individual to whom this subsection applies must successfully
2 complete the refresher course established by the board in order to
3 renew the individual's instructor certification.
4 (t) This subsection applies only to a gaming agent employed as a
5 law enforcement officer by the Indiana gaming commission. A gaming
6 agent appointed after June 30, 2005, may exercise the police powers
7 described in subsection (d) if:
8 (1) the agent successfully completes the pre-basic course
9 established in subsection (f); and
10 (2) the agent successfully completes any other training courses
11 established by the Indiana gaming commission in conjunction
12 with the board.
13 (u) This subsection applies only to a securities enforcement officer
14 designated as a law enforcement officer by the securities
15 commissioner. A securities enforcement officer may exercise the police
16 powers described in subsection (d) if:
17 (1) the securities enforcement officer successfully completes the
18 pre-basic course established in subsection (f); and
19 (2) the securities enforcement officer successfully completes any
20 other training courses established by the securities commissioner
21 in conjunction with the board.
22 (v) As used in this section, "upper level policymaking position"
23 refers to the following:
24 (1) If the authorized size of the department or town marshal
25 system is not more than ten (10) members, the term refers to the
26 position held by the police chief or town marshal.
27 (2) If the authorized size of the department or town marshal
28 system is more than ten (10) members but less than fifty-one (51)
29 members, the term refers to:
30 (A) the position held by the police chief or town marshal; and
31 (B) each position held by the members of the police
32 department or town marshal system in the next rank and pay
33 grade immediately below the police chief or town marshal.
34 (3) If the authorized size of the department or town marshal
35 system is more than fifty (50) members, the term refers to:
36 (A) the position held by the police chief or town marshal; and
37 (B) each position held by the members of the police
38 department or town marshal system in the next two (2) ranks
39 and pay grades immediately below the police chief or town
40 marshal.
41 (w) (v) This subsection applies only to a correctional police officer
42 employed by the department of correction. A correctional police officer
2023 IN 360—LS 7093/DI 144 10
1 may exercise the police powers described in subsection (d) if:
2 (1) the officer successfully completes the pre-basic course
3 described in subsection (f); and
4 (2) the officer successfully completes any other training courses
5 established by the department of correction in conjunction with
6 the board.
7 (x) (w) This subsection applies only to the sexual assault training
8 described in subsection (a)(14). The board shall:
9 (1) consult with experts on the neurobiology of trauma, trauma
10 informed interviewing, and investigative techniques in developing
11 the sexual assault training; and
12 (2) develop the sexual assault training and begin offering the
13 training not later than July 1, 2022.
14 (y) (x) After July 1, 2023, a law enforcement officer who regularly
15 investigates sexual assaults involving adult victims must complete the
16 training requirements described in subsection (a)(14) within one (1)
17 year of being assigned to regularly investigate sexual assaults involving
18 adult victims.
19 (z) (y) A law enforcement officer who regularly investigates sexual
20 assaults involving adult victims may complete the training
21 requirements described in subsection (a)(14) by attending a:
22 (1) statewide or national training; or
23 (2) department hosted local training.
24 (aa) (z) Notwithstanding any other provisions of this section, the
25 board is authorized to establish certain required standards of training
26 and procedure.
27 SECTION 2. IC 11-13-1-3.5, AS AMENDED BY P.L.175-2022,
28 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 UPON PASSAGE]: Sec. 3.5. A probation officer may not carry a
30 handgun in any vehicle or on or about the probation officer's body as
31 described in IC 35-47-2-1 while acting in the scope of employment as
32 a probation officer unless all of the following conditions are met:
33 (1) The appointing court enters an order authorizing the probation
34 officer to carry the handgun while on duty.
35 (2) The probation officer is issued a license to carry the
36 handgun under IC 35-47-2.
37 (2) (3) The probation officer successfully completes a handgun
38 safety course certified by the law enforcement training board
39 under IC 5-2-1-9(n).
40 SECTION 3. IC 14-16-1-23, AS AMENDED BY P.L.175-2022,
41 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 UPON PASSAGE]: Sec. 23. (a) An individual shall not operate a
2023 IN 360—LS 7093/DI 144 11
1 vehicle under any of the following conditions:
2 (1) At a rate of speed greater than is reasonable and proper having
3 due regard for existing conditions or in a manner that
4 unnecessarily endangers the person or property of another.
5 (2) While:
6 (A) under the influence of an alcoholic beverage; or
7 (B) unlawfully under the influence of a narcotic or other habit
8 forming or dangerous depressant or stimulant drug.
9 (3) During the hours from thirty (30) minutes after sunset to thirty
10 (30) minutes before sunrise without displaying a lighted headlight
11 and a lighted taillight.
12 (4) In a forest nursery, a planting area, or public land posted or
13 reasonably identified as an area of forest or plant reproduction
14 and when growing stock may be damaged.
15 (5) On the frozen surface of public waters within:
16 (A) one hundred (100) feet of an individual not in or upon a
17 vehicle; or
18 (B) one hundred (100) feet of a fishing shanty or shelter;
19 except at a speed of not more than five (5) miles per hour.
20 (6) Unless the vehicle is equipped with a muffler in good working
21 order and in constant operation to prevent excessive or unusual
22 noise and annoying smoke.
23 (7) Within one hundred (100) feet of a dwelling between midnight
24 and 6:00 a.m., except on the individual's own property or property
25 under the individual's control or as an invited guest.
26 (8) On any property without the consent of the landowner or
27 tenant.
28 (9) While transporting on or in the vehicle a firearm, unless the
29 firearm is:
30 (A) unloaded; and
31 (B) securely encased or equipped with and made inoperative
32 by a manufactured keylocked trigger housing mechanism.
33 (10) On or across a cemetery or burial ground.
34 (11) Within one hundred (100) feet of a slide, ski, or skating area,
35 except for the purpose of servicing the area.
36 (12) On a railroad track or railroad right-of-way, except railroad
37 personnel in the performance of duties.
38 (13) In or upon a flowing river, stream, or creek, except for the
39 purpose of crossing by the shortest possible route, unless the
40 river, stream, or creek is of sufficient water depth to permit
41 movement by flotation of the vehicle at all times.
42 (14) An individual shall not operate a vehicle while a bow is
2023 IN 360—LS 7093/DI 144 12
1 present in or on the vehicle if the nock of an arrow is in position
2 on the string of the bow.
3 (b) Subsection (a)(9) does not apply to a person who is carrying a
4 firearm:
5 (1) if:
6 (A) the firearm is a handgun; and
7 (B) the person is not otherwise prohibited from possessing a
8 firearm under state or federal law; or has been issued an
9 unlimited handgun license to carry a handgun under
10 IC 35-47-2;
11 (2) if:
12 (A) the firearm is a handgun; and
13 (B) the person is not required to possess a license to carry
14 a handgun under IC 35-47-2-2.2; or
15 (2) (3) if the person carrying the firearm is operating the vehicle
16 on property that the person:
17 (A) owns;
18 (B) has a contractual interest in;
19 (C) otherwise legally possesses; or
20 (D) has permission from a person described in clauses (A)
21 through (C) to possess a firearm on.
22 SECTION 4. IC 31-30-1-4, AS AMENDED BY P.L.175-2022,
23 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 UPON PASSAGE]: Sec. 4. (a) The juvenile court does not have
25 jurisdiction over an individual for an alleged violation of:
26 (1) IC 35-41-5-1(a) (attempted murder);
27 (2) IC 35-42-1-1 (murder);
28 (3) IC 35-42-3-2 (kidnapping);
29 (4) IC 35-42-4-1 (rape);
30 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
31 (6) IC 35-42-5-1 (robbery) if:
32 (A) the robbery was committed while armed with a deadly
33 weapon; or
34 (B) the robbery results in bodily injury or serious bodily
35 injury;
36 (7) IC 35-42-5-2 (carjacking) (before its repeal);
37 (8) IC 35-47-2-1.5 (unlawful carrying of a handgun), if charged
38 as a felony; IC 35-47-2-1 (carrying a handgun without a
39 license), if charged as a felony;
40 (9) IC 35-47-10 (children and firearms), if charged as a felony; or
41 (10) any offense that may be joined under IC 35-34-1-9(a)(2) with
42 any crime listed in this subsection;
2023 IN 360—LS 7093/DI 144 13
1 if the individual was at least sixteen (16) years of age but less than
2 eighteen (18) years of age at the time of the alleged violation.
3 (b) Once an individual described in subsection (a) has been charged
4 with any offense listed in subsection (a), the court having adult
5 criminal jurisdiction shall retain jurisdiction over the case if the
6 individual pleads guilty to or is convicted of any offense listed in
7 subsection (a)(1) through (a)(9).
8 (c) If:
9 (1) an individual described in subsection (a) is charged with one
10 (1) or more offenses listed in subsection (a);
11 (2) all the charges under subsection (a)(1) through (a)(9) resulted
12 in an acquittal or were dismissed; and
13 (3) the individual pleads guilty to or is convicted of any offense
14 other than an offense listed in subsection (a)(1) through (a)(9);
15 the court having adult criminal jurisdiction may withhold judgment and
16 transfer jurisdiction to the juvenile court for adjudication and
17 disposition. In determining whether to transfer jurisdiction to the
18 juvenile court for adjudication and disposition, the court having adult
19 criminal jurisdiction shall consider whether there are appropriate
20 services available in the juvenile justice system, whether the child is
21 amenable to rehabilitation under the juvenile justice system, and
22 whether it is in the best interests of the safety and welfare of the
23 community that the child be transferred to juvenile court. All orders
24 concerning release conditions remain in effect until a juvenile court
25 detention hearing, which must be held not later than forty-eight (48)
26 hours, excluding Saturdays, Sundays, and legal holidays, after the order
27 of transfer of jurisdiction.
28 SECTION 5. IC 34-30-2.1-566.5 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2023]: Sec. 566.5. IC 35-47-2.5-4.5
31 (Concerning the sale, trade, and transfer of firearms by firearms
32 dealers).
33 SECTION 6. IC 35-31.5-2-25.5 IS ADDED TO THE INDIANA
34 CODE AS A NEW SECTION TO READ AS FOLLOWS
35 [EFFECTIVE UPON PASSAGE]: Sec. 25.5. "Basic firearms safety
36 training program", for purposes of IC 35-47-1.5, has the meaning
37 set forth in IC 35-47-1.5-1.
38 SECTION 7. IC 35-31.5-2-78, AS AMENDED BY P.L.175-2022,
39 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 UPON PASSAGE]: Sec. 78. "Crime of domestic violence", for
41 purposes of IC 5-2-6.1, IC 35-38-9, IC 35-47-2-1.5, and IC 35-47-4-7,
42 means an offense or the attempt to commit an offense that:
2023 IN 360—LS 7093/DI 144 14
1 (1) has as an element the:
2 (A) use of physical force; or
3 (B) threatened use of a deadly weapon; and
4 (2) is committed against a family or household member, as
5 defined in section 128 of this chapter.
6 SECTION 8. IC 35-31.5-2-210.5, AS ADDED BY P.L.66-2016,
7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2023]: Sec. 210.5. "NFA firearm", for purposes of
9 IC 35-47-2.5-4.5 and IC 35-47-8.5, has the meaning set forth in
10 IC 35-47-8.5-1.
11 SECTION 9. IC 35-31.5-2-273.4, AS ADDED BY P.L.58-2020,
12 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2023]: Sec. 273.4. (a) "Relative", for purposes of IC 35-40.5,
14 has the meaning set forth in IC 35-40.5-1-1.
15 (b) "Relative", for purposes of IC 35-47-2.5-4.5, has the
16 meaning set forth in IC 35-42-2-1(b).
17 SECTION 10. IC 35-33-1-1, AS AMENDED BY P.L.175-2022,
18 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 UPON PASSAGE]: Sec. 1. (a) A law enforcement officer may arrest
20 a person when the officer has:
21 (1) a warrant commanding that the person be arrested;
22 (2) probable cause to believe the person has committed or
23 attempted to commit, or is committing or attempting to commit,
24 a felony;
25 (3) probable cause to believe the person has violated the
26 provisions of IC 9-26-1-1.1 or IC 9-30-5;
27 (4) probable cause to believe the person is committing or
28 attempting to commit a misdemeanor in the officer's presence;
29 (5) probable cause to believe the person has committed a:
30 (A) battery resulting in bodily injury under IC 35-42-2-1; or
31 (B) domestic battery under IC 35-42-2-1.3.
32 The officer may use an affidavit executed by an individual alleged
33 to have direct knowledge of the incident alleging the elements of
34 the offense of battery to establish probable cause;
35 (6) probable cause to believe that the person violated
36 IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
37 (7) probable cause to believe that the person violated
38 IC 35-47-2-1.5 (unlawful carrying of a handgun) IC 35-47-2-1
39 (carrying a handgun without a license) or IC 35-47-2-22
40 (counterfeit handgun license);
41 (8) probable cause to believe that the person is violating or has
42 violated an order issued under IC 35-50-7;
2023 IN 360—LS 7093/DI 144 15
1 (9) probable cause to believe that the person is violating or has
2 violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
3 device);
4 (10) probable cause to believe that the person is:
5 (A) violating or has violated IC 35-45-2-5 (interference with
6 the reporting of a crime); and
7 (B) interfering with or preventing the reporting of a crime
8 involving domestic or family violence (as defined in
9 IC 34-6-2-34.5);
10 (11) probable cause to believe that the person has committed theft
11 (IC 35-43-4-2);
12 (12) a removal order issued for the person by an immigration
13 court;
14 (13) a detainer or notice of action for the person issued by the
15 United States Department of Homeland Security; or
16 (14) probable cause to believe that the person has been indicted
17 for or convicted of one (1) or more aggravated felonies (as
18 defined in 8 U.S.C. 1101(a)(43)).
19 (b) A person who:
20 (1) is employed full time as a federal enforcement officer;
21 (2) is empowered to effect an arrest with or without warrant for a
22 violation of the United States Code; and
23 (3) is authorized to carry firearms in the performance of the
24 person's duties;
25 may act as an officer for the arrest of offenders against the laws of this
26 state where the person reasonably believes that a felony has been or is
27 about to be committed or attempted in the person's presence.
28 SECTION 11. IC 35-47-1-2.7 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE UPON PASSAGE]: Sec. 2.7. "Basic firearms safety
31 training program", for purposes of IC 35-47-1.5, has the meaning
32 set forth in IC 35-47-1.5-1.
33 SECTION 12. IC 35-47-1-6.5 IS ADDED TO THE INDIANA
34 CODE AS A NEW SECTION TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2023]: Sec. 6.5. "NFA firearm" has the
36 meaning set forth in IC 35-47-8.5-1.
37 SECTION 13. IC 35-47-1-8.5 IS ADDED TO THE INDIANA
38 CODE AS A NEW SECTION TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2023]: Sec. 8.5. "Relative" has the meaning
40 set forth in IC 35-42-2-1(b).
41 SECTION 14. IC 35-47-1.5 IS ADDED TO THE INDIANA CODE
42 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2023 IN 360—LS 7093/DI 144 16
1 UPON PASSAGE]:
2 Chapter 1.5. Mandatory Firearms Training
3 Sec. 1. As used in this chapter, "basic firearms safety training
4 program" means a firearms training program approved by the
5 state police department under section 2 of this chapter.
6 Sec. 2. (a) Not later than June 1, 2023, the state police
7 department shall create a list of approved firearms training
8 programs.
9 (b) Not later than June 15, 2023, the state police department
10 shall:
11 (1) publish the list created under subsection (a) on the
12 department's website; and
13 (2) distribute the list created under subsection (a) to each
14 dealer located in Indiana.
15 Sec. 3. (a) This section applies after June 30, 2023.
16 (b) Before purchasing a firearm from a dealer, a person must:
17 (1) successfully complete a basic firearms safety training
18 program at a licensed firearms training facility; and
19 (2) present to the dealer at the time of purchase a certificate
20 of completion of the safety and training program described in
21 subdivision (1).
22 (c) The cost of participating in the basic firearms safety training
23 program must be paid by the person who participates in the
24 program.
25 (d) A dealer may not sell a firearm to a person who does not
26 present, at the time of sale, a certificate of completion under
27 subsection (b)(2).
28 (e) A dealer who knowingly or intentionally sells a firearm
29 without obtaining a certificate of completion:
30 (1) issued by a basic firearms safety training program; and
31 (2) from the prospective firearms purchaser under subsection
32 (d);
33 commits a Class A misdemeanor.
34 (f) A person who:
35 (1) is approved to provide firearms training under section 2
36 of this chapter; and
37 (2) knowingly or intentionally forges a certificate of
38 completion described in subsection (b)(2);
39 commits a Class A misdemeanor.
40 (g) A prospective firearms purchaser who knowingly or
41 intentionally forges a certificate of completion described in
42 subsection (b)(2) commits a Class A misdemeanor.
2023 IN 360—LS 7093/DI 144 17
1 (h) If a person who:
2 (1) provides training in a program approved under section 2
3 of this chapter; and
4 (2) knowingly or intentionally forges a certificate of
5 completion described in subsection (b)(2) more than one (1)
6 time;
7 the state police department shall remove the program described in
8 subdivision (1) from the list of approved firearms training
9 programs created under section 2 of this chapter.
10 SECTION 15. IC 35-47-2-1, AS AMENDED BY P.L.175-2022,
11 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 UPON PASSAGE]: Sec. 1. (a) A person who meets the following
13 requirements may carry a handgun in the manner described in
14 subsection (b):
15 (1) The person is not prohibited from possessing or carrying a
16 handgun under federal law as in effect on January 1, 2022.
17 (2) Notwithstanding section 1.5 of this chapter, the person is not
18 otherwise prohibited under state law from possessing or carrying
19 a handgun.
20 (3) The person does not meet the requirements under
21 IC 35-47-2-3 to receive a license to carry a handgun in Indiana.
22 Except as provided in subsections (b) and (c) and sections 2.2
23 and 2.3 of this chapter, a person shall not carry a handgun in
24 any vehicle or on or about the person's body without being
25 licensed under this chapter to carry a handgun.
26 (b) Except as provided in subsection (c), a person may carry a
27 handgun without being licensed under this chapter to carry a handgun
28 if:
29 (1) the person carries the handgun on or about the person's body
30 in or on property that is owned, leased, rented, or otherwise
31 legally controlled by the person;
32 (2) the person carries the handgun on or about the person's body
33 while lawfully present in or on property that is owned, leased,
34 rented, or otherwise legally controlled by another person, if the
35 person:
36 (A) has the consent of the owner, renter, lessor, or person who
37 legally controls the property to have the handgun on the
38 premises;
39 (B) is attending a firearms related event on the property,
40 including a gun show, firearms expo, gun owner's club or
41 convention, hunting club, shooting club, or training course; or
42 (C) is on the property to receive firearms related services,
2023 IN 360—LS 7093/DI 144 18
1 including the repair, maintenance, or modification of a
2 firearm;
3 (3) the person carries the handgun in a vehicle that is owned,
4 leased, rented, or otherwise legally controlled by the person, if the
5 handgun is:
6 (A) unloaded;
7 (B) not readily accessible; and
8 (C) secured in a case;
9 (4) the person carries the handgun while lawfully present in a
10 vehicle that is owned, leased, rented, or otherwise legally
11 controlled by another person, if the handgun is:
12 (A) unloaded;
13 (B) not readily accessible; and
14 (C) secured in a case; or
15 (5) the person carries the handgun:
16 (A) at a shooting range (as defined in IC 14-22-31.5-3);
17 (B) while attending a firearms instructional course; or
18 (C) while engaged in a legal hunting activity; or
19 (6) the person is permitted to carry a handgun without a
20 license under section 2.3 of this chapter (persons protected by
21 a protection order).
22 (c) Unless the person's right to possess a firearm has been
23 restored under IC 35-47-4-7, a person who has been convicted of
24 domestic battery under IC 35-42-2-1.3 may not possess or carry a
25 handgun.
26 (c) (d) This chapter section may not be construed:
27 (1) to prohibit a person who owns, leases, rents, or otherwise
28 legally controls private property from regulating or prohibiting the
29 possession of firearms on the private property;
30 (2) to allow a person to adopt or enforce an ordinance, resolution,
31 policy, or rule that:
32 (A) prohibits; or
33 (B) has the effect of prohibiting;
34 an employee of the person from possessing a firearm or
35 ammunition that is locked in the trunk of the employee's vehicle,
36 kept in the glove compartment of the employee's locked vehicle,
37 or stored out of plain sight in the employee's locked vehicle,
38 unless the person's adoption or enforcement of the ordinance,
39 resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
40 (3) to allow a person to adopt or enforce a law, statute, ordinance,
41 resolution, policy, or rule that allows a person to possess or
42 transport a firearm or ammunition if the person is prohibited from
2023 IN 360—LS 7093/DI 144 19
1 possessing or transporting the firearm or ammunition by state or
2 federal law.
3 (d) Nothing in this chapter may be construed to affect the status or
4 validity of a five (5) year or lifetime license to carry a handgun issued
5 by the superintendent before July 1, 2022. Any license described under
6 this subsection shall remain valid for the duration of the license or the
7 lifetime of the licensee, as applicable.
8 (e) A person who knowingly or intentionally violates this section
9 commits a Class A misdemeanor. However, the offense is a Level
10 5 felony:
11 (1) if the offense is committed:
12 (A) on or in school property;
13 (B) within five hundred (500) feet of school property; or
14 (C) on a school bus; or
15 (2) if the person:
16 (A) has a prior conviction of any offense under:
17 (i) this section; or
18 (ii) section 22 of this chapter; or
19 (B) has been convicted of a felony within fifteen (15) years
20 before the date of the offense.
21 SECTION 16. IC 35-47-2-1.5 IS REPEALED [EFFECTIVE UPON
22 PASSAGE]. Sec. 1.5. (a) The following terms are defined for this
23 section:
24 (1) "Adjudicated a mental defective" means a determination by a
25 court that a person:
26 (A) presents a danger to the person or to others; or
27 (B) lacks the mental capacity necessary to contract or manage
28 the person's affairs.
29 The term includes a finding of insanity by a court in a criminal
30 proceeding.
31 (2) "Alien" means any person who is not lawfully in the United
32 States. The term includes:
33 (A) any person who has:
34 (i) entered the United States without inspection and
35 authorization by an immigration officer; and
36 (ii) not been paroled into the United States under the federal
37 Immigration and Nationality Act;
38 (B) a nonimmigrant:
39 (i) whose authorized period of stay has expired; or
40 (ii) who has violated the terms of the nonimmigrant category
41 under which the person was admitted;
42 (C) a person paroled under the federal Immigration and
2023 IN 360—LS 7093/DI 144 20
1 Nationality Act whose period of parole has:
2 (i) expired; or
3 (ii) been terminated; and
4 (D) a person subject to an order:
5 (i) of deportation, exclusion, or removal; or
6 (ii) to depart the United States voluntarily;
7 regardless of whether or not the person has left the United
8 States.
9 (3) "Committed to a mental institution" means the formal
10 commitment of a person to a mental institution by a court. The
11 term includes:
12 (A) a commitment for:
13 (i) a cognitive or mental defect; or
14 (ii) a mental illness; and
15 (B) involuntary commitments.
16 The term does not include voluntary commitments or a
17 commitment made for observational purposes.
18 (4) "Crime of domestic violence" has the meaning set forth in
19 IC 35-31.5-2-78.
20 (5) "Dangerous" has the meaning set forth in IC 35-47-14-1.
21 (6) "Fugitive from justice" means any person who:
22 (A) flees or leaves from any state to avoid prosecution for a
23 felony or misdemeanor offense; or
24 (B) flees or leaves any state to avoid testifying in a criminal
25 proceeding.
26 (7) "Indictment" means any formal accusation of a crime made by
27 a prosecuting attorney in any court for a crime punishable by a
28 term of imprisonment exceeding one (1) year.
29 (8) A crime or offense "punishable by a term of imprisonment
30 exceeding one (1) year" does not include a federal or state crime
31 or offense pertaining to antitrust violations, unfair trade practices,
32 restraints of trade, or other similar offenses relating to the
33 regulation of business practices.
34 (b) Except as provided in subsections (c) and (d), the following
35 persons may not knowingly or intentionally carry a handgun:
36 (1) A person convicted of a federal or state offense punishable by
37 a term of imprisonment exceeding one (1) year.
38 (2) A fugitive from justice.
39 (3) An alien.
40 (4) A person convicted of:
41 (A) a crime of domestic violence (IC 35-31.5-2-78);
42 (B) domestic battery (IC 35-42-2-1.3); or
2023 IN 360—LS 7093/DI 144 21
1 (C) criminal stalking (IC 35-45-10-5).
2 (5) A person restrained by an order of protection issued under
3 IC 34-26-5.
4 (6) A person under indictment.
5 (7) A person who has been:
6 (A) adjudicated dangerous under IC 35-47-14-6;
7 (B) adjudicated a mental defective; or
8 (C) committed to a mental institution.
9 (8) A person dishonorably discharged from:
10 (A) military service; or
11 (B) the National Guard.
12 (9) A person who renounces the person's United States citizenship
13 in the manner described in 8 U.S.C. 1481.
14 (10) A person who is less than:
15 (A) eighteen (18) years of age; or
16 (B) twenty-three (23) years of age and has an adjudication as
17 a delinquent child for an act described by IC 35-47-4-5;
18 unless authorized under IC 35-47-10.
19 (c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person if
20 a court has restored the person's right to possess a firearm under
21 IC 35-47-4-7.
22 (d) A person who has:
23 (1) been adjudicated dangerous under IC 35-47-14-6; and
24 (2) successfully petitioned for the return of a firearm under
25 IC 35-47-14-8 with respect to the adjudication under subdivision
26 (1);
27 is not prohibited from carrying a handgun under subsection (b) on the
28 basis that the person was adjudicated dangerous under subdivision (1).
29 However, the person may still be prohibited from carrying a handgun
30 on one (1) or more of the other grounds listed in subsection (b).
31 (e) A person who violates this section commits unlawful carrying of
32 a handgun, a Class A misdemeanor. However, the offense is a Level 5
33 felony if:
34 (1) the offense is committed:
35 (A) on or in school property;
36 (B) within five hundred (500) feet of school property; or
37 (C) on a school bus; or
38 (2) the person:
39 (A) has a prior conviction of any offense under:
40 (i) this section;
41 (ii) section 1 of this chapter (carrying a handgun without a
42 license) (before its repeal); or
2023 IN 360—LS 7093/DI 144 22
1 (iii) section 22 of this chapter; or
2 (B) has been convicted of a felony within fifteen (15) years
3 before the date of the offense.
4 SECTION 17. IC 35-47-2-2.2 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE UPON PASSAGE]: Sec. 2.2. Section 1 of this chapter
7 does not apply to:
8 (1) marshals;
9 (2) sheriffs;
10 (3) the commissioner of the department of correction or
11 persons authorized by the commissioner in writing to carry
12 firearms;
13 (4) judicial officers;
14 (5) law enforcement officers;
15 (6) members of the armed forces of the United States or of the
16 national guard or organized reserves while they are on duty;
17 (7) regularly enrolled members of any organization duly
18 authorized to purchase or receive such weapons from the
19 United States or from this state who are at or are going to or
20 from their place of assembly or target practice;
21 (8) employees of the United States duly authorized to carry
22 handguns;
23 (9) employees of express companies when engaged in company
24 business; or
25 (10) any person engaged in the business of manufacturing,
26 repairing, or dealing in firearms or the agent or
27 representative of any such person having in the person's
28 possession, using, or carrying a handgun in the usual or
29 ordinary course of that business.
30 SECTION 18. IC 35-47-2-2.3 IS ADDED TO THE INDIANA
31 CODE AS A NEW SECTION TO READ AS FOLLOWS
32 [EFFECTIVE UPON PASSAGE]: Sec. 2.3. (a) As used in this section,
33 "protection order" means a civil protection order issued under
34 IC 34-26-5.
35 (b) A person may carry a handgun without a license if the
36 person:
37 (1) has applied for a license to carry a handgun as described
38 in IC 35-47-2-3;
39 (2) is protected by a protection order;
40 (3) is at least eighteen (18) years of age; and
41 (4) is not otherwise barred by state or federal law from
42 possessing a handgun;
2023 IN 360—LS 7093/DI 144 23
1 during the period described in subsection (c).
2 (c) A person described in subsection (b) may carry a handgun
3 without a license for a period ending sixty (60) days after the date
4 the protection order is issued.
5 SECTION 19. IC 35-47-2-3, AS AMENDED BY P.L.175-2022,
6 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 UPON PASSAGE]: Sec. 3. (a) A person who is at least eighteen (18)
8 years of age and is not otherwise prohibited from carrying or
9 possessing desiring a license to carry a handgun under state or federal
10 law is not required to obtain or possess a license or permit from the
11 state to carry a handgun in Indiana. A resident of this state who wishes
12 to carry a firearm in another state under a reciprocity agreement
13 entered into by this state and another state may obtain a license to carry
14 a handgun in Indiana under this chapter by applying: shall apply:
15 (1) to the chief of police or corresponding law enforcement officer
16 of the municipality in which the applicant resides;
17 (2) if that municipality has no such officer, or if the applicant does
18 not reside in a municipality, to the sheriff of the county in which
19 the applicant resides after the applicant has obtained an
20 application form prescribed by the superintendent; or
21 (3) if the applicant is a resident of another state and has a regular
22 place of business or employment in Indiana, to the sheriff of the
23 county in which the applicant has a regular place of business or
24 employment.
25 The superintendent and local law enforcement agencies shall allow an
26 applicant desiring to obtain or renew a license to carry a handgun to
27 submit an application electronically under this chapter if funds are
28 available to establish and maintain an electronic application system.
29 (b) This subsection applies before July 1, 2020. The law
30 enforcement agency which accepts an application for a handgun license
31 shall collect the following application fees:
32 (1) From a person applying for a four (4) year handgun license, a
33 ten dollar ($10) application fee, five dollars ($5) of which shall be
34 refunded if the license is not issued.
35 (2) From a person applying for a lifetime handgun license who
36 does not currently possess a valid Indiana handgun license, a fifty
37 dollar ($50) application fee, thirty dollars ($30) of which shall be
38 refunded if the license is not issued.
39 (3) From a person applying for a lifetime handgun license who
40 currently possesses a valid Indiana handgun license, a forty dollar
41 ($40) application fee, thirty dollars ($30) of which shall be
42 refunded if the license is not issued.
2023 IN 360—LS 7093/DI 144 24
1 Except as provided in subsection (j), the fee shall be deposited into the
2 law enforcement agency's firearms training fund or other appropriate
3 training activities fund and used by the agency to train law enforcement
4 officers in the proper use of firearms or in other law enforcement
5 duties, or to purchase firearms, firearm related equipment, or body
6 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
7 employed by the law enforcement agency. The state board of accounts
8 shall establish rules for the proper accounting and expenditure of funds
9 collected under this subsection.
10 (c) This subsection applies after June 30, 2020, and before July 1,
11 2021. The law enforcement agency which accepts an application for a
12 handgun license shall not collect a fee from a person applying for a five
13 (5) year handgun license and shall collect the following application
14 fees:
15 (1) From a person applying for a lifetime handgun license who
16 does not currently possess a valid Indiana handgun license, a fifty
17 dollar ($50) application fee, thirty dollars ($30) of which shall be
18 refunded if the license is not issued.
19 (2) From a person applying for a lifetime handgun license who
20 currently possesses a valid Indiana handgun license, a forty dollar
21 ($40) application fee, thirty dollars ($30) of which shall be
22 refunded if the license is not issued.
23 Except as provided in subsection (j), the fee shall be deposited into the
24 law enforcement agency's firearms training fund or other appropriate
25 training activities fund and used by the agency to train law enforcement
26 officers in the proper use of firearms or in other law enforcement
27 duties, or to purchase firearms, firearm related equipment, or body
28 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
29 employed by the law enforcement agency. The state board of accounts
30 shall establish rules for the proper accounting and expenditure of funds
31 collected under this subsection.
32 (d) This subsection applies after June 30, 2021. The law
33 enforcement agency which accepts an application for a handgun license
34 shall not collect a fee from a person applying for a handgun license.
35 (e) The officer to whom the application is made shall ascertain the
36 applicant's name, full address, length of residence in the community,
37 whether the applicant's residence is located within the limits of any city
38 or town, the applicant's occupation, place of business or employment,
39 criminal record, if any, and convictions (minor traffic offenses
40 excepted), age, race, sex, nationality, date of birth, citizenship, height,
41 weight, build, color of hair, color of eyes, scars and marks, whether the
42 applicant has previously held an Indiana license to carry a handgun
2023 IN 360—LS 7093/DI 144 25
1 and, if so, the serial number of the license and year issued, whether the
2 applicant's license has ever been suspended or revoked, and if so, the
3 year and reason for the suspension or revocation, and the applicant's
4 reason for desiring a license. If the applicant is not a United States
5 citizen, the officer to whom the application is made shall ascertain the
6 applicant's country of citizenship, place of birth, and any alien or
7 admission number issued by the United States Citizenship and
8 Immigration Services or United States Customs and Border Protection
9 or any successor agency as applicable. The officer to whom the
10 application is made shall conduct an investigation into the applicant's
11 official records and verify thereby the applicant's character and
12 reputation, and shall in addition verify for accuracy the information
13 contained in the application, and shall forward this information
14 together with the officer's recommendation for approval or disapproval
15 and one (1) set of legible and classifiable fingerprints of the applicant
16 to the superintendent. An investigation conducted under this section
17 must include the consulting of available local, state, and federal
18 criminal history data banks, including the National Instant Criminal
19 Background Check System (NICS), to determine whether possession
20 of a firearm by an applicant would be a violation of state or federal law.
21 (f) The superintendent may make whatever further investigation the
22 superintendent deems necessary. Whenever disapproval is
23 recommended, the officer to whom the application is made shall
24 provide the superintendent and the applicant with the officer's complete
25 and specific reasons, in writing, for the recommendation of
26 disapproval.
27 (g) If it appears to the superintendent that the applicant:
28 (1) has a proper reason for receiving a license to carry a handgun;
29 carrying a handgun;
30 (2) is of good character and reputation;
31 (3) is a proper person to be licensed; and
32 (4) is:
33 (A) a citizen of the United States; or
34 (B) not a citizen of the United States but is allowed to carry a
35 firearm in the United States under federal law;
36 the superintendent shall issue to the applicant a qualified or an
37 unlimited license to carry a any handgun in Indiana. lawfully
38 possessed by the applicant. The original license shall be delivered to
39 the licensee. A copy shall be delivered to the officer to whom the
40 application for license was made. A copy shall be retained by the
41 superintendent for at least five (5) years in the case of a five (5) year
42 license. The superintendent may adopt guidelines to establish a records
2023 IN 360—LS 7093/DI 144 26
1 retention policy for a lifetime license. A five (5) year license shall be
2 valid for a period of five (5) years from the date of issue. A lifetime
3 license is valid for the life of the individual receiving the license. The
4 license of police officers, sheriffs or their deputies, and law
5 enforcement officers of the United States government who have twenty
6 (20) or more years of service shall be valid for the life of these
7 individuals. However, a lifetime license is automatically revoked if the
8 license holder does not remain a proper person.
9 (h) At the time a license is issued and delivered to a licensee under
10 subsection (g), the superintendent shall include with the license
11 information concerning firearms handgun safety rules that:
12 (1) neither opposes nor supports an individual's right to bear
13 arms; and
14 (2) is:
15 (A) recommended by a nonprofit educational organization that
16 is dedicated to providing education on safe handling and use
17 of firearms;
18 (B) prepared by the state police department; and
19 (C) approved by the superintendent.
20 The superintendent may not deny a license under this section because
21 the information required under this subsection is unavailable at the
22 time the superintendent would otherwise issue a license. The state
23 police department may accept private donations or grants to defray the
24 cost of printing and mailing the information required under this
25 subsection.
26 (i) A license to carry a handgun shall not be issued to any person
27 who:
28 (1) has been convicted of a felony;
29 (2) has had a license to carry a handgun suspended, unless the
30 person's license has been reinstated;
31 (3) is under eighteen (18) years of age;
32 (4) is under twenty-three (23) years of age if the person has been
33 adjudicated a delinquent child for an act that would be a felony if
34 committed by an adult;
35 (5) has been arrested for a Class A or Class B felony for an
36 offense committed before July 1, 2014, for a Level 1, Level 2,
37 Level 3, or Level 4 felony for an offense committed after June 30,
38 2014, or any other felony that was committed while armed with
39 a deadly weapon or that involved the use of violence, if a court
40 has found probable cause to believe that the person committed the
41 offense charged; or
42 (6) is prohibited by federal law from possessing or receiving
2023 IN 360—LS 7093/DI 144 27
1 firearms under 18 U.S.C. 922(g). or
2 (7) is described in IC 35-47-2-1.5, unless exempted by
3 IC 35-47-2-1.5.
4 In the case of an arrest under subdivision (5), a license to carry a
5 handgun may be issued to a person who has been acquitted of the
6 specific offense charged or if the charges for the specific offense are
7 dismissed. The superintendent shall prescribe all forms to be used in
8 connection with the administration of this chapter.
9 (j) If the law enforcement agency that charges a fee under
10 subsection (b) or (c) is a city or town law enforcement agency, the fee
11 shall be deposited in the law enforcement continuing education fund
12 established under IC 5-2-8-2.
13 (k) If a person who holds a valid license to carry a handgun issued
14 under this chapter:
15 (1) changes the person's name;
16 (2) changes the person's address; or
17 (3) experiences a change, including an arrest or a conviction, that
18 may affect the person's status as a proper person (as defined in
19 IC 35-47-1-7) or otherwise disqualify the person from holding a
20 license;
21 the person shall, not later than thirty (30) days after the date of a
22 change described under subdivision (3), and not later than sixty (60)
23 days after the date of the change described under subdivision (1) or (2),
24 notify the superintendent, in writing, of the event described under
25 subdivision (3) or, in the case of a change under subdivision (1) or (2),
26 the person's new name or new address.
27 (l) The state police shall indicate on the form for a license to carry
28 a handgun the notification requirements of subsection (k).
29 (m) The state police department shall adopt rules under IC 4-22-2
30 to:
31 (1) implement an electronic application system under subsection
32 (a); and
33 (2) expedite the processing of an application made by a person
34 described in section 2.3(b) of this chapter.
35 Rules adopted under this section must require the superintendent to
36 keep on file one (1) set of classifiable and legible fingerprints from
37 every person who has received a license to carry a handgun so that a
38 person who applies to renew a license will not be required to submit an
39 additional set of fingerprints.
40 (n) Except as provided in subsection (o), for purposes of
41 IC 5-14-3-4(a)(1), the following information is confidential, may not
42 be published, and is not open to public inspection:
2023 IN 360—LS 7093/DI 144 28
1 (1) Information submitted by a person under this section to:
2 (A) obtain; or
3 (B) renew;
4 a license to carry a handgun.
5 (2) Information obtained by a federal, state, or local government
6 entity in the course of an investigation concerning a person who
7 applies to:
8 (A) obtain; or
9 (B) renew;
10 a license to carry a handgun issued under this chapter.
11 (3) The name, address, and any other information that may be
12 used to identify a person who holds a license to carry a handgun
13 issued under this chapter.
14 (o) Notwithstanding subsection (n):
15 (1) any information concerning an applicant for or a person who
16 holds a license to carry a handgun issued under this chapter may
17 be released to a federal, state, or local government entity:
18 (A) for law enforcement purposes; or
19 (B) to determine the validity of a license to carry a handgun;
20 and
21 (2) general information concerning the issuance of licenses to
22 carry handguns in Indiana may be released to a person conducting
23 journalistic or academic research, but only if all personal
24 information that could disclose the identity of any person who
25 holds a license to carry a handgun issued under this chapter has
26 been removed from the general information.
27 (p) A person who holds a valid license to carry a handgun under this
28 chapter is licensed to carry a handgun in Indiana.
29 (q) (p) A person who knowingly or intentionally violates this section
30 commits a Class B misdemeanor.
31 SECTION 20. IC 35-47-2-4, AS AMENDED BY P.L.175-2022,
32 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 UPON PASSAGE]: Sec. 4. (a) Licenses to carry handguns issued under
34 section 3 of this chapter shall be either qualified or unlimited, and
35 are valid for:
36 (1) five (5) years from the date of issue in the case of a five (5)
37 year license; or
38 (2) the life of the individual receiving the license in the case of a
39 lifetime license.
40 A qualified license shall be issued for hunting and target practice.
41 An individual may separately apply for and simultaneously hold
42 both a five (5) year license and a lifetime license. The
2023 IN 360—LS 7093/DI 144 29
1 superintendent may adopt rules imposing limitations on the use
2 and carrying of handguns under a license when handguns are
3 carried by a licensee as a condition of employment. Unlimited
4 licenses shall be issued for the purpose of the protection of life and
5 property.
6 (b) There is no fee for a qualified or unlimited license. to carry a
7 handgun. The superintendent shall charge a twenty dollar ($20) fee for
8 the issuance of a duplicate license to replace a lost or damaged license.
9 This fee shall be deposited in accordance with subsection (c).
10 (c) Fees collected under this section shall be deposited in the state
11 general fund.
12 (d) The superintendent may not issue a lifetime qualified license or
13 a lifetime unlimited license to a person who is a resident of another
14 state. The superintendent may issue a five (5) year qualified license or
15 a five (5) year unlimited license to a person who is a resident of
16 another state and who has a regular place of business or employment
17 in Indiana as described in section 3(a)(3) of this chapter.
18 (e) A person who knowingly or intentionally violates this section
19 commits a Class B misdemeanor.
20 SECTION 21. IC 35-47-2-25 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE UPON PASSAGE]: Sec. 25. (a) In an information or
23 indictment brought for the enforcement of any provision of this
24 chapter, it is not necessary to negate any exemption specified under
25 this chapter, or to allege the absence of a license required under
26 this chapter. The burden of proof is on the defendant to prove that
27 the defendant is exempt under section 2.2 of this chapter, or that
28 the defendant has a license as required under this chapter.
29 (b) Whenever a person who has been arrested or charged with
30 a violation of section 1 of this chapter presents a valid license to the
31 prosecuting attorney or establishes that the person is exempt under
32 section 2.2 of this chapter, any prosecution for a violation of section
33 1 of this chapter shall be dismissed immediately, and all records of
34 an arrest or proceedings following arrest shall be destroyed
35 immediately.
36 SECTION 22. IC 35-47-2.5-1, AS AMENDED BY P.L.175-2022,
37 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 UPON PASSAGE]: Sec. 1. (a) Sections 2 through 5 of this chapter do
39 not apply to the following:
40 (1) Transactions between persons who are licensed as firearms
41 importers or collectors or firearms manufacturers or dealers under
42 18 U.S.C. 923.
2023 IN 360—LS 7093/DI 144 30
1 (2) Purchases by or sales to a law enforcement officer or agent of
2 the United States, the state, or a county or local government.
3 (3) Indiana residents in possession of a license described in
4 IC 35-47-2-3. licensed to carry handguns under IC 35-47-2-3.
5 (b) Notwithstanding any other provision of this chapter, the state
6 shall participate in the NICS if federal funds are available to assist the
7 state in participating in the NICS. If:
8 (1) the state participates in the NICS; and
9 (2) there is a conflict between:
10 (A) a provision of this chapter; and
11 (B) a procedure required under the NICS;
12 the procedure required under the NICS prevails over the conflicting
13 provision of this chapter.
14 SECTION 23. IC 35-47-2.5-4.5 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2023]: Sec. 4.5. (a) This section does not
17 apply to:
18 (1) a law enforcement officer acting within the scope of the
19 officer's official duties;
20 (2) active duty members of the armed forces of the United
21 States acting within the scope of their official duties;
22 (3) any action or activity described in IC 35-47-10-1(b);
23 (4) the temporary transfer of a firearm to another person:
24 (A) while at a shooting range (as defined in
25 IC 14-22-31.5-3);
26 (B) for the purpose of providing or receiving instruction
27 during a firearms instructional course; or
28 (C) for the purpose of engaging in a legal hunting activity;
29 (5) the receipt of a firearm by a gunsmith or armorer for the
30 purpose of repair or modification;
31 (6) the receipt of a firearm by a person who is:
32 (A) required to carry, handle, or transport a firearm as a
33 result of a commercial or professional responsibility; and
34 (B) acting within the scope of the person's commercial or
35 professional responsibilities at the time of the person's
36 receipt, possession, or transfer of the firearm;
37 (7) a dealer who is selling, trading, or transferring a firearm
38 to another dealer; or
39 (8) a person who transfers a firearm to a relative.
40 (b) A person who wishes to sell, trade, or transfer a firearm to
41 another person must:
42 (1) transact the sale, trade, or transfer through a dealer; and
2023 IN 360—LS 7093/DI 144 31
1 (2) provide the dealer with:
2 (A) the name, date of birth, and residential address of the
3 seller of the firearm;
4 (B) the name, date of birth, and residential address of the
5 recipient of the firearm;
6 (C) any other information required by:
7 (i) Form 4473; or
8 (ii) the dealer;
9 for the purpose of submitting the respective identities of
10 the seller and recipient to NICS; and
11 (D) a certificate of completion under IC 35-47-1.5-3.
12 (c) A dealer must do the following before transacting any sale,
13 trade, or transfer of a firearm between private parties:
14 (1) Successfully contact NICS.
15 (2) Receive authorization from NICS to complete the
16 requested sale, trade, or transfer of the firearm before
17 performing the requested sale, trade, or transfer.
18 (3) Comply with all applicable federal laws concerning the
19 private sale, trade, or transfer of a firearm.
20 (4) Receive from the intended recipient of the firearm a
21 certificate of completion under IC 35-47-1.5-3.
22 (d) A dealer may:
23 (1) charge a fee for the dealer's role in transacting the sale,
24 trade, or transfer of a firearm; and
25 (2) refuse to transact the sale, trade, or transfer of a firearm
26 for any reason.
27 If a dealer refuses to transact a sale, trade, or transfer, the dealer
28 must provide to the prospective recipient and prospective seller a
29 written explanation for the dealer's refusal to transact the
30 requested sale, trade, or transfer.
31 (e) Except as provided in subsections (f), (g), (h), and (i), a
32 dealer who refuses to transact the sale, trade, or transfer of a
33 firearm under subsection (d) must do the following:
34 (1) As soon as practicable, inform the seller and intended
35 recipient of the firearm of the dealer's decision to not transact
36 the sale, trade, or transfer of the firearm.
37 (2) Return any fee originally charged by the dealer for the
38 dealer's role in transacting the sale, trade, or transfer of the
39 firearm to the appropriate party or parties.
40 (3) Return the firearm to be sold, traded, or transferred to the
41 seller if:
42 (A) the firearm is in the dealer's control or possession at
2023 IN 360—LS 7093/DI 144 32
1 the time the dealer refuses to transact the sale, trade, or
2 transfer of the firearm; and
3 (B) the seller is not otherwise prohibited under federal or
4 state law from possessing a firearm or NFA firearm, as
5 applicable.
6 (f) A dealer who discovers that the seller of a firearm is not
7 eligible, under federal or state law, to possess a firearm or an NFA
8 firearm, as applicable, must:
9 (1) comply with subsection (e)(1);
10 (2) maintain custody of the firearm;
11 (3) surrender the firearm to the state police not later than
12 twenty-four (24) hours after learning of the seller's inability
13 to possess the firearm or NFA firearm, as applicable; and
14 (4) comply with all applicable federal laws concerning the
15 transfer of a firearm.
16 A dealer who is unable to transact the sale, trade, or transfer of a
17 firearm due to the inability of the seller to possess a firearm or
18 NFA firearm, as applicable, is not required to return any fee
19 originally charged to the seller for the dealer's role in the
20 attempted transaction.
21 (g) A dealer who discovers that the intended recipient of a
22 firearm is not eligible, under federal or state law, to possess a
23 firearm or an NFA firearm, as applicable, must:
24 (1) comply with subsection (e)(1);
25 (2) maintain custody of the firearm;
26 (3) return the firearm to the seller as soon as practicable if the
27 seller is not otherwise prohibited under federal or state law
28 from possessing the firearm or NFA firearm, as applicable;
29 and
30 (4) comply with all applicable federal laws concerning the
31 transfer of a firearm.
32 A dealer who is unable to transact the sale, trade, or transfer of a
33 firearm due to the inability of the intended recipient to possess a
34 firearm or NFA firearm, as applicable, is not required to return
35 any fee originally charged to the intended recipient for the dealer's
36 role in the attempted transaction.
37 (h) A dealer who discovers that the seller of a firearm and the
38 intended recipient of the firearm are not eligible, under federal or
39 state law, to possess a firearm or an NFA firearm, as applicable,
40 must:
41 (1) comply with subsection (e)(1);
42 (2) maintain custody of the firearm;
2023 IN 360—LS 7093/DI 144 33
1 (3) surrender the firearm to the state police not later than
2 twenty-four (24) hours after learning of the seller's and
3 intended recipient's ineligibility to possess a firearm or NFA
4 firearm, as applicable; and
5 (4) comply with all applicable federal laws concerning the
6 transfer of a firearm.
7 A dealer who is unable to transact the sale, trade, or transfer of a
8 firearm due to the inability of the seller and the intended recipient
9 to possess a firearm or NFA firearm, as applicable, is not required
10 to return any fee originally charged to the seller or the recipient
11 for the dealer's role in the attempted transaction.
12 (i) A dealer who discovers that a firearm to be sold, traded, or
13 transferred has been:
14 (1) reported:
15 (A) lost; or
16 (B) stolen; or
17 (2) used in the commission of a crime;
18 must comply with subsection (e)(1), maintain custody of the
19 firearm, and surrender the firearm to the state police not later
20 than twenty-four (24) hours after learning of the firearm's lost,
21 stolen, or criminal activity status and comply with all applicable
22 federal laws concerning the transfer of a firearm. A dealer who is
23 unable to transact the sale, trade, or transfer of a firearm due to
24 the lost, stolen, or criminal activity status of a firearm to be sold,
25 traded, or transferred is not required to return any fee originally
26 charged to the seller or intended recipient for the dealer's role in
27 the attempted transaction.
28 (j) A dealer who:
29 (1) refuses to transact the sale, trade, or transfer of a firearm
30 under subsection (d)(2) and complies with subsection (e); or
31 (2) aborts the sale, trade, or transfer of a firearm for a
32 reason:
33 (A) described in subsection (f), (g), (h), or (i); or
34 (B) required under federal or state law;
35 shall be immune from civil liability and damages, including
36 punitive damages, for any act or omission related to the dealer's
37 decision to terminate a firearm sale, trade, or transfer described in
38 subdivisions (1) and (2). If a dealer is not liable under this
39 subsection, no person, by reason of an agency relationship with the
40 dealer, may be held liable for any damages, including punitive
41 damages, related to a terminated sale, trade, or transfer of a
42 firearm.
2023 IN 360—LS 7093/DI 144 34
1 (k) A person who knowingly or intentionally makes a materially
2 false statement to a dealer for the purpose of completing a
3 transaction described in this section commits firearm transfer
4 fraud, a Level 6 felony. However, the offense is a Level 5 felony if
5 the person has a prior unrelated conviction under this subsection.
6 (l) A dealer who knowingly or intentionally transacts the sale,
7 trade, or transfer of a firearm:
8 (1) without contacting NICS;
9 (2) without receiving authorization from NICS to proceed
10 with the requested sale, trade, or transfer of the firearm
11 before transacting the requested sale, trade, or transfer of the
12 firearm; or
13 (3) in violation of a NICS instruction to terminate the
14 requested sale, trade, or transfer of the firearm;
15 commits unlawful transfer of a firearm, a Level 6 felony. However,
16 the offense is a Level 5 felony if the person has a prior unrelated
17 conviction for an offense under this subsection.
18 (m) It is a defense to a prosecution under subsection (l) that a
19 dealer received authorization from NICS to transact a sale, trade,
20 or transfer of a firearm.
21 SECTION 24. IC 35-47-2.5-4.6 IS ADDED TO THE INDIANA
22 CODE AS A NEW SECTION TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2023]: Sec. 4.6. (a) For purposes of this
24 section, "safe storage device" means a:
25 (1) trigger lock;
26 (2) bore lock;
27 (3) cable lock; or
28 (4) device comparable to the devices listed in subdivisions (1)
29 through (3) that functions to temporarily render a firearm
30 inoperable.
31 (b) At the time of transacting a sale, trade, or transfer of a
32 firearm, a dealer shall provide to the recipient of the firearm a safe
33 storage device.
34 (c) A dealer who knowingly or intentionally violates subsection
35 (b) commits a Class A misdemeanor.
36 SECTION 25. IC 35-47-11.1-1, AS ADDED BY P.L.152-2011,
37 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2023]: Sec. 1. (a) Except as provided in subsection (b), this
39 chapter applies to a political subdivision (as defined in IC 3-5-2-38).
40 (b) This chapter does not apply to a county with a consolidated
41 city.
42 SECTION 26. IC 35-47-11.1-4, AS AMENDED BY P.L.175-2022,
2023 IN 360—LS 7093/DI 144 35
1 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 UPON PASSAGE]: Sec. 4. This chapter may not be construed to
3 prevent any of the following:
4 (1) A law enforcement agency of a political subdivision from
5 enacting and enforcing regulations pertaining to firearms,
6 ammunition, or firearm accessories issued to or used by law
7 enforcement officers in the course of their official duties.
8 (2) Subject to IC 34-28-7-2, an employer from regulating or
9 prohibiting the employees of the employer from carrying firearms
10 and ammunition in the course of the employee's official duties.
11 (3) A court or administrative law judge from hearing and
12 resolving any case or controversy or issuing any opinion or order
13 on a matter within the jurisdiction of the court or judge.
14 (4) The enactment or enforcement of generally applicable zoning
15 or business ordinances that apply to firearms businesses to the
16 same degree as other similar businesses. However, a provision of
17 an ordinance that is designed or enforced to effectively restrict or
18 prohibit the sale, purchase, transfer, manufacture, or display of
19 firearms, ammunition, or firearm accessories that is otherwise
20 lawful under the laws of this state is void. A unit (as defined in
21 IC 36-1-2-23) may not use the unit's planning and zoning powers
22 under IC 36-7-4 to prohibit the sale of firearms within a
23 prescribed distance of any other type of commercial property or
24 of school property or other educational property.
25 (5) Subject to IC 35-47-16-1, the enactment or enforcement of a
26 provision prohibiting or restricting the possession of a firearm in
27 any building that contains the courtroom of a circuit, superior,
28 city, town, or small claims court. However, if a portion of the
29 building is occupied by a residential tenant or private business,
30 any provision restricting or prohibiting the possession of a firearm
31 does not apply to the portion of the building that is occupied by
32 the residential tenant or private business, or to common areas of
33 the building used by a residential tenant or private business.
34 (6) The enactment or enforcement of a provision prohibiting or
35 restricting the intentional display of a firearm at a public meeting.
36 (7) The enactment or enforcement of a provision prohibiting or
37 restricting the possession of a firearm in a public hospital
38 corporation that contains a secure correctional health unit that is
39 staffed by a law enforcement officer twenty-four (24) hours a day.
40 (8) The imposition of any restriction or condition placed on a
41 person participating in:
42 (A) a community corrections program (IC 11-12-1);
2023 IN 360—LS 7093/DI 144 36
1 (B) a forensic diversion program (IC 11-12-3.7); or
2 (C) a pretrial diversion program (IC 33-39-1).
3 (9) The enforcement or prosecution of the offense of criminal
4 recklessness (IC 35-42-2-2) involving the use of a firearm.
5 (10) For an event occurring on property leased from a political
6 subdivision or municipal corporation by the promoter or organizer
7 of the event:
8 (A) the establishment, by the promoter or organizer, at the
9 promoter's or organizer's own discretion, of rules of conduct or
10 admission upon which attendance at or participation in the
11 event is conditioned; or
12 (B) the implementation or enforcement of the rules of conduct
13 or admission described in clause (A) by a political subdivision
14 or municipal corporation in connection with the event.
15 (11) The enactment or enforcement of a provision prohibiting or
16 restricting the possession of a firearm in a hospital established
17 and operated under IC 16-22-2 or IC 16-23.
18 (12) A unit from using the unit's planning and zoning powers
19 under IC 36-7-4 to prohibit the sale of firearms within two
20 hundred (200) feet of a school by a person having a business that
21 did not sell firearms within two hundred (200) feet of a school
22 before April 1, 1994.
23 (13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23)
24 from enacting or enforcing a provision prohibiting or restricting
25 the possession of a firearm in a building owned or administered
26 by the unit if:
27 (A) metal detection devices are located at each public entrance
28 to the building;
29 (B) each public entrance to the building is staffed by at least
30 one (1) law enforcement officer:
31 (i) who has been adequately trained to conduct inspections
32 of persons entering the building by use of metal detection
33 devices and proper physical pat down searches; and
34 (ii) when the building is open to the public; and
35 (C) each:
36 (i) individual who enters the building through the public
37 entrance when the building is open to the public; and
38 (ii) bag, package, and other container carried by the
39 individual;
40 is inspected by a law enforcement officer described in clause
41 (B).
42 However, except as provided in subdivision (5) concerning a
2023 IN 360—LS 7093/DI 144 37
1 building that contains a courtroom, a unit may not prohibit or
2 restrict the possession of a handgun under this subdivision in a
3 building owned or administered by the unit if the person who
4 possesses the handgun is not otherwise prohibited from carrying
5 or possessing a handgun. has been issued a valid license to
6 carry the handgun under IC 35-47-2.
7 SECTION 27. IC 35-50-2-13, AS AMENDED BY P.L.175-2022,
8 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 UPON PASSAGE]: Sec. 13. (a) The state may seek, on a page separate
10 from the rest of a charging instrument, to have a person who allegedly
11 committed an offense of dealing in a controlled substance under
12 IC 35-48-4-1 through IC 35-48-4-4 sentenced to an additional fixed
13 term of imprisonment if the state can show beyond a reasonable doubt
14 that the person knowingly or intentionally:
15 (1) used a firearm; or
16 (2) possessed a:
17 (A) handgun in violation of IC 35-47-2-1.5; IC 35-47-2-1;
18 (B) sawed-off shotgun in violation of federal law; or
19 (C) machine gun in violation of IC 35-47-5-8;
20 while committing the offense.
21 (b) If the person was convicted of the offense in a jury trial, the jury
22 shall reconvene to hear evidence in the enhancement hearing. If the
23 trial was to the court, or the judgment was entered on a guilty plea, the
24 court alone shall hear evidence in the enhancement hearing.
25 (c) If the jury (if the hearing is by jury) or the court (if the hearing
26 is to the court alone) finds that the state has proved beyond a
27 reasonable doubt that the person knowingly or intentionally committed
28 an offense as described in subsection (a), the court may sentence the
29 person to an additional fixed term of imprisonment of not more than
30 five (5) years, except as follows:
31 (1) If the firearm is a sawed-off shotgun, the court may sentence
32 the person to an additional fixed term of imprisonment of not
33 more than ten (10) years.
34 (2) If the firearm is a machine gun or is equipped with a firearm
35 silencer or firearm muffler, the court may sentence the person to
36 an additional fixed term of imprisonment of not more than twenty
37 (20) years. The additional sentence under this subdivision is in
38 addition to any additional sentence imposed under section 11 of
39 this chapter for use of a firearm in the commission of an offense.
40 SECTION 28. An emergency is declared for this act.
2023 IN 360—LS 7093/DI 144