IN
Indiana Senate Bill SB0429

Indiana 2023 Regular Session

Indiana Senate Bill SB0429 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 429
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 5-2-1-9; IC 11-13-1-3.5; IC 14-16-1-23;
77 IC 31-30-1-4; IC 34-6-2; IC 34-12-3; IC 34-24-6; IC 34-30-2.1-566.5;
88 IC 35-31.5-2; IC 35-33-1-1; IC 35-47; IC 35-50-2-13.
99 Synopsis: Various firearms matters. Provides that a member of the
1010 firearm industry shall comply with certain firearm industry standards
1111 of conduct. Makes an act or omission by a member of the firearm
1212 industry in violation of these standards of conduct actionable by: (1) a
1313 person who has suffered harm in Indiana because of the member's
1414 conduct; (2) the attorney general; (3) a city attorney; and (4) a county
1515 attorney. Prohibits a licensed importer, licensed manufacturer, licensed
1616 dealer, or licensed collector from selling or delivering a: (1) firearm
1717 that is not a handgun to a person who is less than 21 years of age; or (2)
1818 semiautomatic assault weapon. Repeals the offense of unlawful
1919 carrying of a handgun. Makes it a Class A misdemeanor to carry a
2020 handgun without being licensed to carry a handgun. Specifies
2121 exceptions. Enhances the offense to a Level 5 felony in particular
2222 instances. Provides that a person who has been convicted of domestic
2323 battery may not possess or carry a handgun unless the right has been
2424 restored. Allows a person who is protected by a protection order and
2525 meets other requirements to carry a handgun without a license for 60
2626 days after the protection order is issued. Provides that licenses to carry
2727 handguns are either qualified or unlimited and describes the distinction
2828 between the two. Specifies the burden of proof and grounds for
2929 dismissal for certain firearms offenses. Prohibits a person from keeping
3030 or storing an unsecured firearm on any premises controlled by the
3131 person under certain circumstances. Makes the failure to secure a
3232 firearm a Level 6 felony if the offense results in injury or death,
3333 enhances the offense to a Level 5 felony in particular instances, and
3434 provides a defense. Requires a person wishing to transfer a firearm to
3535 (Continued next page)
3636 Effective: July 1, 2023.
3737 Melton
3838 January 19, 2023, read first time and referred to Committee on Corrections and Criminal
3939 Law.
4040 2023 IN 429—LS 7359/DI 144 Digest Continued
4141 another person to transact the transfer through a firearms dealer
4242 (dealer), subject to certain exceptions, and specifies the procedure to
4343 be used by the dealer to effect the transfer. Grants a dealer civil
4444 immunity in certain circumstances. Provides that a person who makes
4545 a false statement to a dealer for the purpose of completing a transfer
4646 commits firearm transfer fraud, a Level 6 felony, and enhances the
4747 penalty in particular instances. Specifies that a dealer or other person
4848 who transfers a firearm in violation of certain requirements commits
4949 unlawful transfer of a firearm, a Level 6 felony, and enhances the
5050 offense to a Level 5 felony in particular instances. Defines terms.
5151 Makes conforming amendments and technical corrections.
5252 2023 IN 429—LS 7359/DI 1442023 IN 429—LS 7359/DI 144 Introduced
5353 First Regular Session of the 123rd General Assembly (2023)
5454 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
5555 Constitution) is being amended, the text of the existing provision will appear in this style type,
5656 additions will appear in this style type, and deletions will appear in this style type.
5757 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
5858 provision adopted), the text of the new provision will appear in this style type. Also, the
5959 word NEW will appear in that style type in the introductory clause of each SECTION that adds
6060 a new provision to the Indiana Code or the Indiana Constitution.
6161 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
6262 between statutes enacted by the 2022 Regular Session of the General Assembly.
6363 SENATE BILL No. 429
6464 A BILL FOR AN ACT to amend the Indiana Code concerning
6565 criminal law and procedure.
6666 Be it enacted by the General Assembly of the State of Indiana:
6767 1 SECTION 1. IC 5-2-1-9, AS AMENDED BY THE TECHNICAL
6868 2 CORRECTIONS BILL OF THE 2023 GENERAL ASSEMBLY, IS
6969 3 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]:
7070 4 Sec. 9. (a) The board shall adopt in accordance with IC 4-22-2 all
7171 5 necessary rules to carry out the provisions of this chapter. The rules,
7272 6 which shall be adopted only after necessary and proper investigation
7373 7 and inquiry by the board, shall include the establishment of the
7474 8 following:
7575 9 (1) A consistent and uniform statewide deadly force policy and
7676 10 training program, that is consistent with state and federal law.
7777 11 Upon adoption by the law enforcement training board, the policy
7878 12 and training program must be implemented, without modification,
7979 13 by all Indiana law enforcement agencies, offices, or departments.
8080 14 (2) A consistent and uniform statewide defensive tactics policy
8181 15 and training program, that is consistent with state and federal law.
8282 2023 IN 429—LS 7359/DI 144 2
8383 1 Upon adoption by the law enforcement training board, the policy
8484 2 and training program must be implemented, without modification,
8585 3 by all Indiana law enforcement agencies, offices, or departments.
8686 4 (3) A uniform statewide minimum standard for vehicle pursuits
8787 5 consistent with state and federal law.
8888 6 (4) Minimum standards of physical, educational, mental, and
8989 7 moral fitness which shall govern the acceptance of any person for
9090 8 training by any law enforcement training school or academy
9191 9 meeting or exceeding the minimum standards established
9292 10 pursuant to this chapter.
9393 11 (5) Minimum standards for law enforcement training schools
9494 12 administered by towns, cities, counties, law enforcement training
9595 13 centers, agencies, or departments of the state.
9696 14 (6) Minimum standards for courses of study, attendance
9797 15 requirements, equipment, and facilities for approved town, city,
9898 16 county, and state law enforcement officer, police reserve officer,
9999 17 and conservation reserve officer training schools.
100100 18 (7) Minimum standards for a course of study on cultural diversity
101101 19 awareness, including training on the U nonimmigrant visa created
102102 20 through the federal Victims of Trafficking and Violence
103103 21 Protection Act of 2000 (P.L. 106-386) that must be required for
104104 22 each person accepted for training at a law enforcement training
105105 23 school or academy. Cultural diversity awareness study must
106106 24 include an understanding of cultural issues related to race,
107107 25 religion, gender, age, domestic violence, national origin, and
108108 26 physical and mental disabilities.
109109 27 (8) Minimum qualifications for instructors at approved law
110110 28 enforcement training schools.
111111 29 (9) Minimum basic training requirements which law enforcement
112112 30 officers appointed to probationary terms shall complete before
113113 31 being eligible for continued or permanent employment.
114114 32 (10) Minimum basic training requirements which law
115115 33 enforcement officers appointed on other than a permanent basis
116116 34 shall complete in order to be eligible for continued employment
117117 35 or permanent appointment.
118118 36 (11) Minimum basic training requirements which law
119119 37 enforcement officers appointed on a permanent basis shall
120120 38 complete in order to be eligible for continued employment.
121121 39 (12) Minimum basic training requirements for each person
122122 40 accepted for training at a law enforcement training school or
123123 41 academy that include six (6) hours of training in interacting with:
124124 42 (A) persons with autism, mental illness, addictive disorders,
125125 2023 IN 429—LS 7359/DI 144 3
126126 1 intellectual disabilities, and developmental disabilities;
127127 2 (B) missing endangered adults (as defined in IC 12-7-2-131.3);
128128 3 and
129129 4 (C) persons with Alzheimer's disease or related senile
130130 5 dementia;
131131 6 to be provided by persons approved by the secretary of family and
132132 7 social services and the board. The training must include an
133133 8 overview of the crisis intervention teams.
134134 9 (13) Minimum standards for a course of study on human and
135135 10 sexual trafficking that must be required for each person accepted
136136 11 for training at a law enforcement training school or academy and
137137 12 for inservice training programs for law enforcement officers. The
138138 13 course must cover the following topics:
139139 14 (A) Examination of the human and sexual trafficking laws (IC
140140 15 35-42-3.5).
141141 16 (B) Identification of human and sexual trafficking.
142142 17 (C) Communicating with traumatized persons.
143143 18 (D) Therapeutically appropriate investigative techniques.
144144 19 (E) Collaboration with federal law enforcement officials.
145145 20 (F) Rights of and protections afforded to victims.
146146 21 (G) Providing documentation that satisfies the Declaration of
147147 22 Law Enforcement Officer for Victim of Trafficking in Persons
148148 23 (Form I-914, Supplement B) requirements established under
149149 24 federal law.
150150 25 (H) The availability of community resources to assist human
151151 26 and sexual trafficking victims.
152152 27 (14) Minimum standards for ongoing specialized, intensive, and
153153 28 integrative training for persons responsible for investigating
154154 29 sexual assault cases involving adult victims. This training must
155155 30 include instruction on:
156156 31 (A) the neurobiology of trauma;
157157 32 (B) trauma informed interviewing; and
158158 33 (C) investigative techniques.
159159 34 (15) Minimum standards for de-escalation training. De-escalation
160160 35 training shall be taught as a part of existing use-of-force training
161161 36 and not as a separate topic.
162162 37 (16) Minimum standards regarding best practices for crowd
163163 38 control, protests, and First Amendment activities.
164164 39 All statewide policies and minimum standards shall be documented in
165165 40 writing and published on the Indiana law enforcement academy
166166 41 (ILEA) website. Any policy, standard, or training program
167167 42 implemented, adopted, or promulgated by a vote of the board may only
168168 2023 IN 429—LS 7359/DI 144 4
169169 1 subsequently be modified or rescinded by a two-thirds (2/3) majority
170170 2 vote of the board.
171171 3 (b) A law enforcement officer appointed after July 5, 1972, and
172172 4 before July 1, 1993, may not enforce the laws or ordinances of the state
173173 5 or any political subdivision unless the officer has, within one (1) year
174174 6 from the date of appointment, successfully completed the minimum
175175 7 basic training requirements established under this chapter by the board.
176176 8 If a person fails to successfully complete the basic training
177177 9 requirements within one (1) year from the date of employment, the
178178 10 officer may not perform any of the duties of a law enforcement officer
179179 11 involving control or direction of members of the public or exercising
180180 12 the power of arrest until the officer has successfully completed the
181181 13 training requirements. This subsection does not apply to any law
182182 14 enforcement officer appointed before July 6, 1972, or after June 30,
183183 15 1993.
184184 16 (c) Military leave or other authorized leave of absence from law
185185 17 enforcement duty during the first year of employment after July 6,
186186 18 1972, shall toll the running of the first year, which shall be calculated
187187 19 by the aggregate of the time before and after the leave, for the purposes
188188 20 of this chapter.
189189 21 (d) Except as provided in subsections (e), (m), (t), and (u), a law
190190 22 enforcement officer appointed to a law enforcement department or
191191 23 agency after June 30, 1993, may not:
192192 24 (1) make an arrest;
193193 25 (2) conduct a search or a seizure of a person or property; or
194194 26 (3) carry a firearm;
195195 27 unless the law enforcement officer successfully completes, at a board
196196 28 certified law enforcement academy or at a law enforcement training
197197 29 center under section 10.5 or 15.2 of this chapter, the basic training
198198 30 requirements established by the board under this chapter.
199199 31 (e) This subsection does not apply to:
200200 32 (1) a gaming agent employed as a law enforcement officer by the
201201 33 Indiana gaming commission; or
202202 34 (2) an:
203203 35 (A) attorney; or
204204 36 (B) investigator;
205205 37 designated by the securities commissioner as a police officer of
206206 38 the state under IC 23-19-6-1(k).
207207 39 Before a law enforcement officer appointed after June 30, 1993,
208208 40 completes the basic training requirements, the law enforcement officer
209209 41 may exercise the police powers described in subsection (d) if the
210210 42 officer successfully completes the pre-basic course established in
211211 2023 IN 429—LS 7359/DI 144 5
212212 1 subsection (f). Successful completion of the pre-basic course authorizes
213213 2 a law enforcement officer to exercise the police powers described in
214214 3 subsection (d) for one (1) year after the date the law enforcement
215215 4 officer is appointed.
216216 5 (f) The board shall adopt rules under IC 4-22-2 to establish a
217217 6 pre-basic course for the purpose of training:
218218 7 (1) law enforcement officers;
219219 8 (2) police reserve officers (as described in IC 36-8-3-20); and
220220 9 (3) conservation reserve officers (as described in IC 14-9-8-27);
221221 10 regarding the subjects of arrest, search and seizure, the lawful use of
222222 11 force, de-escalation training, interacting with individuals with autism,
223223 12 and the operation of an emergency vehicle. The pre-basic course must
224224 13 be offered on a periodic basis throughout the year at regional sites
225225 14 statewide. The pre-basic course must consist of at least forty (40) hours
226226 15 of course work. The board may prepare the classroom part of the
227227 16 pre-basic course using available technology in conjunction with live
228228 17 instruction. The board shall provide the course material, the instructors,
229229 18 and the facilities at the regional sites throughout the state that are used
230230 19 for the pre-basic course. In addition, the board may certify pre-basic
231231 20 courses that may be conducted by other public or private training
232232 21 entities, including postsecondary educational institutions.
233233 22 (g) Subject to subsection (h), the board shall adopt rules under
234234 23 IC 4-22-2 to establish a mandatory inservice training program for
235235 24 police officers and police reserve officers (as described in
236236 25 IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
237237 26 satisfactorily completed basic training and has been appointed to a law
238238 27 enforcement department or agency on either a full-time or part-time
239239 28 basis is not eligible for continued employment unless the officer
240240 29 satisfactorily completes the mandatory inservice training requirements
241241 30 established by rules adopted by the board. Inservice training must
242242 31 include de-escalation training. Inservice training must also include
243243 32 training in interacting with persons with mental illness, addictive
244244 33 disorders, intellectual disabilities, autism, developmental disabilities,
245245 34 and Alzheimer's disease or related senile dementia, to be provided by
246246 35 persons approved by the secretary of family and social services and the
247247 36 board, and training concerning human and sexual trafficking and high
248248 37 risk missing persons (as defined in IC 5-2-17-1). The board may
249249 38 approve courses offered by other public or private training entities,
250250 39 including postsecondary educational institutions, as necessary in order
251251 40 to ensure the availability of an adequate number of inservice training
252252 41 programs. The board may waive an officer's inservice training
253253 42 requirements if the board determines that the officer's reason for
254254 2023 IN 429—LS 7359/DI 144 6
255255 1 lacking the required amount of inservice training hours is due to either
256256 2 an emergency situation or the unavailability of courses.
257257 3 (h) This subsection applies only to a mandatory inservice training
258258 4 program under subsection (g). Notwithstanding subsection (g), the
259259 5 board may, without adopting rules under IC 4-22-2, modify the course
260260 6 work of a training subject matter, modify the number of hours of
261261 7 training required within a particular subject matter, or add a new
262262 8 subject matter, if the board satisfies the following requirements:
263263 9 (1) The board must conduct at least two (2) public meetings on
264264 10 the proposed modification or addition.
265265 11 (2) After approving the modification or addition at a public
266266 12 meeting, the board must post notice of the modification or
267267 13 addition on the Indiana law enforcement academy's Internet web
268268 14 site website at least thirty (30) days before the modification or
269269 15 addition takes effect.
270270 16 If the board does not satisfy the requirements of this subsection, the
271271 17 modification or addition is void. This subsection does not authorize the
272272 18 board to eliminate any inservice training subject matter required under
273273 19 subsection (g).
274274 20 (i) The board shall also adopt rules establishing a town marshal
275275 21 basic training program, subject to the following:
276276 22 (1) The program must require fewer hours of instruction and class
277277 23 attendance and fewer courses of study than are required for the
278278 24 mandated basic training program.
279279 25 (2) Certain parts of the course materials may be studied by a
280280 26 candidate at the candidate's home in order to fulfill requirements
281281 27 of the program.
282282 28 (3) Law enforcement officers successfully completing the
283283 29 requirements of the program are eligible for appointment only in
284284 30 towns employing the town marshal system (IC 36-5-7) and having
285285 31 not more than one (1) marshal and two (2) deputies.
286286 32 (4) The limitation imposed by subdivision (3) does not apply to an
287287 33 officer who has successfully completed the mandated basic
288288 34 training program.
289289 35 (5) The time limitations imposed by subsections (b) and (c) for
290290 36 completing the training are also applicable to the town marshal
291291 37 basic training program.
292292 38 (6) The program must require training in interacting with
293293 39 individuals with autism.
294294 40 (j) The board shall adopt rules under IC 4-22-2 to establish an
295295 41 executive training program. The executive training program must
296296 42 include training in the following areas:
297297 2023 IN 429—LS 7359/DI 144 7
298298 1 (1) Liability.
299299 2 (2) Media relations.
300300 3 (3) Accounting and administration.
301301 4 (4) Discipline.
302302 5 (5) Department policy making.
303303 6 (6) Lawful use of force and de-escalation training.
304304 7 (7) Department programs.
305305 8 (8) Emergency vehicle operation.
306306 9 (9) Cultural diversity.
307307 10 (k) A police chief shall apply for admission to the executive training
308308 11 program within two (2) months of the date the police chief initially
309309 12 takes office. A police chief must successfully complete the executive
310310 13 training program within six (6) months of the date the police chief
311311 14 initially takes office. However, if space in the executive training
312312 15 program is not available at a time that will allow completion of the
313313 16 executive training program within six (6) months of the date the police
314314 17 chief initially takes office, the police chief must successfully complete
315315 18 the next available executive training program that is offered after the
316316 19 police chief initially takes office.
317317 20 (l) A police chief who fails to comply with subsection (k) may not
318318 21 continue to serve as the police chief until completion of the executive
319319 22 training program. For the purposes of this subsection and subsection
320320 23 (k), "police chief" refers to:
321321 24 (1) the police chief of any city;
322322 25 (2) the police chief of any town having a metropolitan police
323323 26 department; and
324324 27 (3) the chief of a consolidated law enforcement department
325325 28 established under IC 36-3-1-5.1.
326326 29 A town marshal is not considered to be a police chief for these
327327 30 purposes, but a town marshal may enroll in the executive training
328328 31 program.
329329 32 (m) A fire investigator in the department of homeland security
330330 33 appointed after December 31, 1993, is required to comply with the
331331 34 basic training standards established under this chapter.
332332 35 (n) The board shall adopt rules under IC 4-22-2 to establish a
333333 36 program to certify handgun safety courses, including courses offered
334334 37 in the private sector, that meet standards approved by the board for
335335 38 training probation officers in handgun safety as required by
336336 39 IC 11-13-1-3.5(2). IC 11-13-1-3.5(3).
337337 40 (o) The board shall adopt rules under IC 4-22-2 to establish a
338338 41 refresher course for an officer who:
339339 42 (1) is hired by an Indiana law enforcement department or agency
340340 2023 IN 429—LS 7359/DI 144 8
341341 1 as a law enforcement officer;
342342 2 (2) has not been employed as a law enforcement officer for:
343343 3 (A) at least two (2) years; and
344344 4 (B) less than six (6) years before the officer is hired under
345345 5 subdivision (1); and
346346 6 (3) completed at any time a basic training course certified or
347347 7 recognized by the board before the officer is hired under
348348 8 subdivision (1).
349349 9 (p) An officer to whom subsection (o) applies must successfully
350350 10 complete the refresher course described in subsection (o) not later than
351351 11 six (6) months after the officer's date of hire, or the officer loses the
352352 12 officer's powers of:
353353 13 (1) arrest;
354354 14 (2) search; and
355355 15 (3) seizure.
356356 16 (q) The board shall adopt rules under IC 4-22-2 to establish a
357357 17 refresher course for an officer who:
358358 18 (1) is appointed by an Indiana law enforcement department or
359359 19 agency as a reserve police officer; and
360360 20 (2) has not worked as a reserve police officer for at least two (2)
361361 21 years after:
362362 22 (A) completing the pre-basic course; or
363363 23 (B) leaving the individual's last appointment as a reserve
364364 24 police officer.
365365 25 An officer to whom this subsection applies must successfully complete
366366 26 the refresher course established by the board in order to work as a
367367 27 reserve police officer.
368368 28 (r) This subsection applies to an individual who, at the time the
369369 29 individual completes a board certified or recognized basic training
370370 30 course, has not been appointed as a law enforcement officer by an
371371 31 Indiana law enforcement department or agency. If the individual is not
372372 32 employed as a law enforcement officer for at least two (2) years after
373373 33 completing the basic training course, the individual must successfully
374374 34 retake and complete the basic training course as set forth in subsection
375375 35 (d).
376376 36 (s) The board shall adopt rules under IC 4-22-2 to establish a
377377 37 refresher course for an individual who:
378378 38 (1) is appointed as a board certified instructor of law enforcement
379379 39 training; and
380380 40 (2) has not provided law enforcement training instruction for
381381 41 more than one (1) year after the date the individual's instructor
382382 42 certification expired.
383383 2023 IN 429—LS 7359/DI 144 9
384384 1 An individual to whom this subsection applies must successfully
385385 2 complete the refresher course established by the board in order to
386386 3 renew the individual's instructor certification.
387387 4 (t) This subsection applies only to a gaming agent employed as a
388388 5 law enforcement officer by the Indiana gaming commission. A gaming
389389 6 agent appointed after June 30, 2005, may exercise the police powers
390390 7 described in subsection (d) if:
391391 8 (1) the agent successfully completes the pre-basic course
392392 9 established in subsection (f); and
393393 10 (2) the agent successfully completes any other training courses
394394 11 established by the Indiana gaming commission in conjunction
395395 12 with the board.
396396 13 (u) This subsection applies only to a securities enforcement officer
397397 14 designated as a law enforcement officer by the securities
398398 15 commissioner. A securities enforcement officer may exercise the police
399399 16 powers described in subsection (d) if:
400400 17 (1) the securities enforcement officer successfully completes the
401401 18 pre-basic course established in subsection (f); and
402402 19 (2) the securities enforcement officer successfully completes any
403403 20 other training courses established by the securities commissioner
404404 21 in conjunction with the board.
405405 22 (v) As used in this section, "upper level policymaking position"
406406 23 refers to the following:
407407 24 (1) If the authorized size of the department or town marshal
408408 25 system is not more than ten (10) members, the term refers to the
409409 26 position held by the police chief or town marshal.
410410 27 (2) If the authorized size of the department or town marshal
411411 28 system is more than ten (10) members but less than fifty-one (51)
412412 29 members, the term refers to:
413413 30 (A) the position held by the police chief or town marshal; and
414414 31 (B) each position held by the members of the police
415415 32 department or town marshal system in the next rank and pay
416416 33 grade immediately below the police chief or town marshal.
417417 34 (3) If the authorized size of the department or town marshal
418418 35 system is more than fifty (50) members, the term refers to:
419419 36 (A) the position held by the police chief or town marshal; and
420420 37 (B) each position held by the members of the police
421421 38 department or town marshal system in the next two (2) ranks
422422 39 and pay grades immediately below the police chief or town
423423 40 marshal.
424424 41 (w) (v) This subsection applies only to a correctional police officer
425425 42 employed by the department of correction. A correctional police officer
426426 2023 IN 429—LS 7359/DI 144 10
427427 1 may exercise the police powers described in subsection (d) if:
428428 2 (1) the officer successfully completes the pre-basic course
429429 3 described in subsection (f); and
430430 4 (2) the officer successfully completes any other training courses
431431 5 established by the department of correction in conjunction with
432432 6 the board.
433433 7 (x) (w) This subsection applies only to the sexual assault training
434434 8 described in subsection (a)(14). The board shall:
435435 9 (1) consult with experts on the neurobiology of trauma, trauma
436436 10 informed interviewing, and investigative techniques in developing
437437 11 the sexual assault training; and
438438 12 (2) develop the sexual assault training and begin offering the
439439 13 training not later than July 1, 2022.
440440 14 (y) (x) After July 1, 2023, a law enforcement officer who regularly
441441 15 investigates sexual assaults involving adult victims must complete the
442442 16 training requirements described in subsection (a)(14) within one (1)
443443 17 year of being assigned to regularly investigate sexual assaults involving
444444 18 adult victims.
445445 19 (z) (y) A law enforcement officer who regularly investigates sexual
446446 20 assaults involving adult victims may complete the training
447447 21 requirements described in subsection (a)(14) by attending a:
448448 22 (1) statewide or national training; or
449449 23 (2) department hosted local training.
450450 24 (aa) (z) Notwithstanding any other provisions of this section, the
451451 25 board is authorized to establish certain required standards of training
452452 26 and procedure.
453453 27 SECTION 2. IC 11-13-1-3.5, AS AMENDED BY P.L.175-2022,
454454 28 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
455455 29 JULY 1, 2023]: Sec. 3.5. A probation officer may not carry a handgun
456456 30 in any vehicle or on or about the probation officer's body as described
457457 31 in IC 35-47-2-1 while acting in the scope of employment as a
458458 32 probation officer unless all of the following conditions are met:
459459 33 (1) The appointing court enters an order authorizing the probation
460460 34 officer to carry the handgun while on duty.
461461 35 (2) The probation officer is issued a license to carry the
462462 36 handgun under IC 35-47-2.
463463 37 (2) (3) The probation officer successfully completes a handgun
464464 38 safety course certified by the law enforcement training board
465465 39 under IC 5-2-1-9(n).
466466 40 SECTION 3. IC 14-16-1-23, AS AMENDED BY P.L.175-2022,
467467 41 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
468468 42 JULY 1, 2023]: Sec. 23. (a) An individual shall not operate a vehicle
469469 2023 IN 429—LS 7359/DI 144 11
470470 1 under any of the following conditions:
471471 2 (1) At a rate of speed greater than is reasonable and proper having
472472 3 due regard for existing conditions or in a manner that
473473 4 unnecessarily endangers the person or property of another.
474474 5 (2) While:
475475 6 (A) under the influence of an alcoholic beverage; or
476476 7 (B) unlawfully under the influence of a narcotic or other habit
477477 8 forming or dangerous depressant or stimulant drug.
478478 9 (3) During the hours from thirty (30) minutes after sunset to thirty
479479 10 (30) minutes before sunrise without displaying a lighted headlight
480480 11 and a lighted taillight.
481481 12 (4) In a forest nursery, a planting area, or public land posted or
482482 13 reasonably identified as an area of forest or plant reproduction
483483 14 and when growing stock may be damaged.
484484 15 (5) On the frozen surface of public waters within:
485485 16 (A) one hundred (100) feet of an individual not in or upon a
486486 17 vehicle; or
487487 18 (B) one hundred (100) feet of a fishing shanty or shelter;
488488 19 except at a speed of not more than five (5) miles per hour.
489489 20 (6) Unless the vehicle is equipped with a muffler in good working
490490 21 order and in constant operation to prevent excessive or unusual
491491 22 noise and annoying smoke.
492492 23 (7) Within one hundred (100) feet of a dwelling between midnight
493493 24 and 6:00 a.m., except on the individual's own property or property
494494 25 under the individual's control or as an invited guest.
495495 26 (8) On any property without the consent of the landowner or
496496 27 tenant.
497497 28 (9) While transporting on or in the vehicle a firearm, unless the
498498 29 firearm is:
499499 30 (A) unloaded; and
500500 31 (B) securely encased or equipped with and made inoperative
501501 32 by a manufactured keylocked trigger housing mechanism.
502502 33 (10) On or across a cemetery or burial ground.
503503 34 (11) Within one hundred (100) feet of a slide, ski, or skating area,
504504 35 except for the purpose of servicing the area.
505505 36 (12) On a railroad track or railroad right-of-way, except railroad
506506 37 personnel in the performance of duties.
507507 38 (13) In or upon a flowing river, stream, or creek, except for the
508508 39 purpose of crossing by the shortest possible route, unless the
509509 40 river, stream, or creek is of sufficient water depth to permit
510510 41 movement by flotation of the vehicle at all times.
511511 42 (14) An individual shall not operate a vehicle while a bow is
512512 2023 IN 429—LS 7359/DI 144 12
513513 1 present in or on the vehicle if the nock of an arrow is in position
514514 2 on the string of the bow.
515515 3 (b) Subsection (a)(9) does not apply to a person who is carrying a
516516 4 firearm:
517517 5 (1) if:
518518 6 (A) the firearm is a handgun; and
519519 7 (B) the person is not otherwise prohibited from possessing a
520520 8 firearm under state or federal law; or has been issued an
521521 9 unlimited handgun license to carry a handgun under
522522 10 IC 35-47-2;
523523 11 (2) if:
524524 12 (A) the firearm is a handgun; and
525525 13 (B) the person is not required to possess a license to carry
526526 14 a handgun under IC 35-47-2-2.2; or
527527 15 (2) (3) if the person carrying the firearm is operating the vehicle
528528 16 on property that the person:
529529 17 (A) owns;
530530 18 (B) has a contractual interest in;
531531 19 (C) otherwise legally possesses; or
532532 20 (D) has permission from a person described in clauses (A)
533533 21 through (C) to possess a firearm on.
534534 22 SECTION 4. IC 31-30-1-4, AS AMENDED BY P.L.175-2022,
535535 23 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
536536 24 JULY 1, 2023]: Sec. 4. (a) The juvenile court does not have jurisdiction
537537 25 over an individual for an alleged violation of:
538538 26 (1) IC 35-41-5-1(a) (attempted murder);
539539 27 (2) IC 35-42-1-1 (murder);
540540 28 (3) IC 35-42-3-2 (kidnapping);
541541 29 (4) IC 35-42-4-1 (rape);
542542 30 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
543543 31 (6) IC 35-42-5-1 (robbery) if:
544544 32 (A) the robbery was committed while armed with a deadly
545545 33 weapon; or
546546 34 (B) the robbery results in bodily injury or serious bodily
547547 35 injury;
548548 36 (7) IC 35-42-5-2 (carjacking) (before its repeal);
549549 37 (8) IC 35-47-2-1.5 (unlawful carrying of a handgun), if charged
550550 38 as a felony; IC 35-47-2-1 (carrying a handgun without a
551551 39 license), if charged as a felony;
552552 40 (9) IC 35-47-10 (children and firearms), if charged as a felony; or
553553 41 (10) any offense that may be joined under IC 35-34-1-9(a)(2) with
554554 42 any crime listed in this subsection;
555555 2023 IN 429—LS 7359/DI 144 13
556556 1 if the individual was at least sixteen (16) years of age but less than
557557 2 eighteen (18) years of age at the time of the alleged violation.
558558 3 (b) Once an individual described in subsection (a) has been charged
559559 4 with any offense listed in subsection (a), the court having adult
560560 5 criminal jurisdiction shall retain jurisdiction over the case if the
561561 6 individual pleads guilty to or is convicted of any offense listed in
562562 7 subsection (a)(1) through (a)(9).
563563 8 (c) If:
564564 9 (1) an individual described in subsection (a) is charged with one
565565 10 (1) or more offenses listed in subsection (a);
566566 11 (2) all the charges under subsection (a)(1) through (a)(9) resulted
567567 12 in an acquittal or were dismissed; and
568568 13 (3) the individual pleads guilty to or is convicted of any offense
569569 14 other than an offense listed in subsection (a)(1) through (a)(9);
570570 15 the court having adult criminal jurisdiction may withhold judgment and
571571 16 transfer jurisdiction to the juvenile court for adjudication and
572572 17 disposition. In determining whether to transfer jurisdiction to the
573573 18 juvenile court for adjudication and disposition, the court having adult
574574 19 criminal jurisdiction shall consider whether there are appropriate
575575 20 services available in the juvenile justice system, whether the child is
576576 21 amenable to rehabilitation under the juvenile justice system, and
577577 22 whether it is in the best interests of the safety and welfare of the
578578 23 community that the child be transferred to juvenile court. All orders
579579 24 concerning release conditions remain in effect until a juvenile court
580580 25 detention hearing, which must be held not later than forty-eight (48)
581581 26 hours, excluding Saturdays, Sundays, and legal holidays, after the order
582582 27 of transfer of jurisdiction.
583583 28 SECTION 5. IC 34-6-2-9.5 IS ADDED TO THE INDIANA CODE
584584 29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
585585 30 1, 2023]: Sec. 9.5. "Ammunition", for purposes of IC 34-24-6, has
586586 31 the meaning set forth in IC 34-24-6-1.
587587 32 SECTION 6. IC 34-6-2-10.2 IS ADDED TO THE INDIANA CODE
588588 33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
589589 34 1, 2023]: Sec. 10.2. "Antique firearm", for purposes of IC 34-24-6,
590590 35 has the meaning set forth in IC 34-24-6-2.
591591 36 SECTION 7. IC 34-6-2-46.7, AS AMENDED BY P.L.90-2010,
592592 37 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
593593 38 JULY 1, 2023]: Sec. 46.7. "Firearm", for purposes of IC 34-24-6,
594594 39 IC 34-28-7, and IC 34-30-20, has the meaning set forth in
595595 40 IC 35-47-1-5.
596596 41 SECTION 8. IC 34-6-2-46.8 IS ADDED TO THE INDIANA CODE
597597 42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
598598 2023 IN 429—LS 7359/DI 144 14
599599 1 1, 2023]: Sec. 46.8. "Firearm accessory", for purposes of
600600 2 IC 34-24-6, has the meaning set forth in IC 34-24-6-4.
601601 3 SECTION 9. IC 34-6-2-46.9 IS ADDED TO THE INDIANA CODE
602602 4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
603603 5 1, 2023]: Sec. 46.9. "Firearm related product", for purposes of
604604 6 IC 34-24-6, has the meaning set forth in IC 34-24-6-5.
605605 7 SECTION 10. IC 34-6-2-47.1 IS ADDED TO THE INDIANA
606606 8 CODE AS A NEW SECTION TO READ AS FOLLOWS
607607 9 [EFFECTIVE JULY 1, 2023]: Sec. 47.1. "Firearm precursor part",
608608 10 for purposes of IC 34-24-6, has the meaning set forth in
609609 11 IC 34-24-6-6.
610610 12 SECTION 11. IC 34-6-2-47.2 IS ADDED TO THE INDIANA
611611 13 CODE AS A NEW SECTION TO READ AS FOLLOWS
612612 14 [EFFECTIVE JULY 1, 2023]: Sec. 47.2. "Firearm industry
613613 15 member", for purposes of IC 34-24-6, has the meaning set forth in
614614 16 IC 34-24-6-7.
615615 17 SECTION 12. IC 34-6-2-128.5 IS ADDED TO THE INDIANA
616616 18 CODE AS A NEW SECTION TO READ AS FOLLOWS
617617 19 [EFFECTIVE JULY 1, 2023]: Sec. 128.5. "Reasonable controls", for
618618 20 purposes of IC 34-24-6, has the meaning set forth in IC 34-24-6-8.
619619 21 SECTION 13. IC 34-12-3-3, AS AMENDED BY P.L.106-2015,
620620 22 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
621621 23 JULY 1, 2023]: Sec. 3. Except as provided in section 5(1) or 5(2) of
622622 24 this chapter and IC 34-24-6, a person may not bring or maintain an
623623 25 action against a firearms or ammunition manufacturer, trade
624624 26 association, or seller for:
625625 27 (1) recovery of damages resulting from, or injunctive relief or
626626 28 abatement of a nuisance relating to, the lawful:
627627 29 (A) design;
628628 30 (B) manufacture;
629629 31 (C) marketing; or
630630 32 (D) sale;
631631 33 of a firearm or ammunition for a firearm; or
632632 34 (2) recovery of damages resulting from the criminal or unlawful
633633 35 misuse of a firearm or ammunition for a firearm by a third party.
634634 36 SECTION 14. IC 34-12-3-4, AS AMENDED BY P.L.106-2015,
635635 37 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
636636 38 JULY 1, 2023]: Sec. 4. (a) This section does not apply to an action
637637 39 filed under IC 34-24-6.
638638 40 (a) (b) If a court finds that a party has brought an action under a
639639 41 theory of recovery described in section 3(1) or 3(2) of this chapter, the
640640 42 finding constitutes conclusive evidence that the action is groundless.
641641 2023 IN 429—LS 7359/DI 144 15
642642 1 If a court makes a finding under this section, the court shall dismiss the
643643 2 claims or action and award to the defendant any reasonable attorney's
644644 3 fee and costs incurred in defending the claims or action.
645645 4 (b) (c) If:
646646 5 (1) a party has brought an action under a theory of recovery
647647 6 described in section 3(1) or 3(2) of this chapter;
648648 7 (2) the action commenced on or before August 27, 1999; and
649649 8 (3) the action is dismissed;
650650 9 no award for attorney's fees or costs incurred shall issue to the plaintiff
651651 10 or the defendant.
652652 11 SECTION 15. IC 34-12-3-5, AS AMENDED BY P.L.106-2015,
653653 12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
654654 13 JULY 1, 2023]: Sec. 5. Nothing in this chapter may be construed to
655655 14 prohibit a person from bringing or maintaining an action against a
656656 15 firearms or ammunition manufacturer, trade association, or seller
657657 16 under IC 34-24-6 or for recovery of damages for the following:
658658 17 (1) Breach of contract or warranty concerning firearms or
659659 18 ammunition purchased by a person.
660660 19 (2) Damage or harm to a person or to property owned or leased by
661661 20 a person caused by a defective firearm or ammunition.
662662 21 (3) Injunctive relief to enforce a valid statute, rule, or ordinance.
663663 22 However, a person may not bring an action seeking injunctive
664664 23 relief if that action is barred under section 3 of this chapter.
665665 24 SECTION 16. IC 34-24-6 IS ADDED TO THE INDIANA CODE
666666 25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
667667 26 1, 2023]:
668668 27 Chapter 6. Cause of Action Against Firearm Industry Member
669669 28 Sec. 1. As used in this chapter, "ammunition" has the meaning
670670 29 set forth in IC 35-47-1-2.5.
671671 30 Sec. 2. As used in this chapter, "antique firearm" means either
672672 31 of the following:
673673 32 (1) A firearm:
674674 33 (A) not designed or redesigned for using rimfire or
675675 34 conventional center fire ignition with fixed ammunition;
676676 35 and
677677 36 (B) manufactured in or before the year 1898.
678678 37 A firearm described in this subdivision includes a matchlock,
679679 38 flintlock, percussion cap, or similar type of ignition system or
680680 39 replica thereof, whether actually manufactured before or
681681 40 after the year 1898.
682682 41 (2) A firearm using fixed ammunition manufactured in or
683683 42 before the year 1898, for which ammunition is:
684684 2023 IN 429—LS 7359/DI 144 16
685685 1 (A) no longer manufactured in the United States; and
686686 2 (B) not readily available in the ordinary channels of
687687 3 commercial trade.
688688 4 Sec. 3. As used in this chapter, "firearm" has the meaning set
689689 5 forth in IC 35-47-1-5.
690690 6 Sec. 4. As used in this chapter, "firearm accessory" means an
691691 7 attachment or device designed or adapted to be inserted into,
692692 8 affixed onto, or used in conjunction with a firearm that is designed,
693693 9 intended, or functions to alter or enhance the firing capabilities of
694694 10 a firearm, the lethality of the firearm, or a shooter's ability to hold
695695 11 and use a firearm.
696696 12 Sec. 5. As used in this chapter, "firearm related product" means
697697 13 a firearm, ammunition, a firearm precursor part, a firearm
698698 14 component, and a firearm accessory that meets any of the
699699 15 following conditions:
700700 16 (1) The item is sold, made, or distributed in Indiana.
701701 17 (2) The item is intended to be sold or distributed in Indiana.
702702 18 (3) The item is or was possessed in Indiana and it was
703703 19 reasonably foreseeable that the item would be possessed in
704704 20 Indiana.
705705 21 Sec. 6. As used in this chapter, "firearm precursor part" means
706706 22 any forging, casting, printing, extrusion, machined body or similar
707707 23 article that has reached a stage in manufacture where it may
708708 24 readily be completed, assembled or converted to be used as the
709709 25 frame or receiver of a functional firearm, or that is marketed or
710710 26 sold to the public to become or be used as the frame or receiver of
711711 27 a functional firearm once completed, assembled, or converted. The
712712 28 term does not include a firearm part that can only be used on an
713713 29 antique firearm.
714714 30 Sec. 7. As used in this chapter, "firearm industry member"
715715 31 means a person, firm, corporation, company, partnership, society,
716716 32 joint stock company, or any other entity or association engaged in
717717 33 the manufacture, distribution, importation, marketing, wholesale,
718718 34 or retail sale of firearm related products.
719719 35 Sec. 8. As used in this chapter, "reasonable controls" means
720720 36 reasonable procedures, acts, or practices that are designed,
721721 37 implemented, and enforced to do the following:
722722 38 (1) Prevent the sale or distribution of a firearm related
723723 39 product to a:
724724 40 (A) straw purchaser;
725725 41 (B) firearm trafficker;
726726 42 (C) person prohibited from possessing a firearm under
727727 2023 IN 429—LS 7359/DI 144 17
728728 1 state or federal law; or
729729 2 (D) person who the firearm industry member has
730730 3 reasonable cause to believe is at substantial risk of:
731731 4 (i) using a firearm related product to harm themselves or
732732 5 another; or
733733 6 (ii) possessing or using a firearm related product
734734 7 unlawfully.
735735 8 (2) Prevent the loss or theft of a firearm related product from
736736 9 the firearm industry member.
737737 10 (3) Ensure that the firearm industry member complies with
738738 11 all provisions of state and federal law and does not otherwise
739739 12 promote the unlawful manufacture, sale, possession,
740740 13 marketing, or use of a firearm related product.
741741 14 Sec. 9. (a) A firearm industry member shall comply with the
742742 15 firearm industry standard of conduct. It is a violation of the
743743 16 firearm industry standard of conduct for a firearm industry
744744 17 member to fail to comply with any requirement of this section.
745745 18 (b) A firearm industry member shall do both of the following:
746746 19 (1) Establish, implement, and enforce reasonable controls.
747747 20 (2) Take reasonable precautions to ensure that the firearm
748748 21 industry member does not sell, distribute, or provide a
749749 22 firearm related product to a downstream distributor or
750750 23 retailer of firearm related products that fails to establish,
751751 24 implement, and enforce reasonable controls.
752752 25 (c) A firearm industry member shall not manufacture, market,
753753 26 import, offer for wholesale sale, or offer for retail sale a firearm
754754 27 related product that is abnormally dangerous and likely to create
755755 28 an unreasonable risk of harm to public health and safety in
756756 29 Indiana. For the purposes of this subsection, the following apply:
757757 30 (1) A firearm related product is not considered abnormally
758758 31 dangerous and likely to create an unreasonable risk of harm
759759 32 to public health and safety based on a firearm's inherent
760760 33 capacity to cause injury or lethal harm.
761761 34 (2) There is a presumption that a firearm related product is
762762 35 abnormally dangerous and likely to create an unreasonable
763763 36 risk of harm to public health and safety if any of the following
764764 37 is true:
765765 38 (A) The firearm related product's features render the
766766 39 product most suitable for assaultive purposes instead of
767767 40 lawful self-defense, hunting, or other legitimate sport and
768768 41 recreational activities.
769769 42 (B) The firearm related product is designed, sold, or
770770 2023 IN 429—LS 7359/DI 144 18
771771 1 marketed in a manner that foreseeably promotes
772772 2 conversion of legal firearm related products into illegal
773773 3 firearm related products.
774774 4 (C) The firearm related product is designed, sold, or
775775 5 marketed in a manner that is targeted at minors or other
776776 6 individuals who are legally prohibited from accessing
777777 7 firearms.
778778 8 (d) A firearm industry member shall not engage in any conduct
779779 9 related to the sale or marketing of firearm related products that
780780 10 constitutes an unfair method of competition and unfair or
781781 11 deceptive act or practice, including an act or practice undertaken
782782 12 by any person in a transaction intended to result or that results in
783783 13 the sale or lease of goods or services to a consumer in one (1) of the
784784 14 following ways:
785785 15 (1) Passing off goods or services as those of another.
786786 16 (2) Misrepresenting the source, sponsorship, approval, or
787787 17 certification of goods or services.
788788 18 (3) Misrepresenting the affiliation, connection, or association
789789 19 with, or certification by, another.
790790 20 (4) Using deceptive representations or designations of
791791 21 geographic origin in connection with goods or services.
792792 22 (5) Representing that goods or services have sponsorship,
793793 23 approval, characteristics, ingredients, uses, benefits, or
794794 24 quantities that they do not have or that a person has a
795795 25 sponsorship, approval, status, affiliation, or connection that
796796 26 the person does not have.
797797 27 (6) Representing that goods are original or new if they have
798798 28 deteriorated unreasonably or are altered, reconditioned,
799799 29 reclaimed, used, or secondhand.
800800 30 (7) Representing that goods or services are of a particular
801801 31 standard, quality, or grade, or that goods are of a particular
802802 32 style or model, if they are of another.
803803 33 (8) Disparaging the goods, services, or business of another by
804804 34 false or misleading representation of fact.
805805 35 (9) Advertising goods or services with intent not to sell them
806806 36 as advertised.
807807 37 (e) A firearm industry member shall not engage in any conduct
808808 38 related to the sale or marketing of firearm related products that
809809 39 constitutes unfair competition, including any unlawful, unfair or
810810 40 fraudulent business act or practice and unfair, deceptive, untrue or
811811 41 misleading advertising.
812812 42 (f) A firearm industry member shall not, with respect to the sale
813813 2023 IN 429—LS 7359/DI 144 19
814814 1 or marketing of firearm related products, make a statement or
815815 2 cause a statement to be made or disseminated:
816816 3 (1) with intent directly or indirectly to:
817817 4 (A) dispose of real or personal property;
818818 5 (B) perform services, professional or otherwise, or
819819 6 anything of any nature whatsoever; or
820820 7 (C) induce the public to enter into any obligation relating
821821 8 to an action described in subdivision (1) or (2);
822822 9 (2) either:
823823 10 (A) before the public in Indiana; or
824824 11 (B) from Indiana before the public in any state;
825825 12 (3) in a newspaper, in another publication, by an advertising
826826 13 device, by public outcry or proclamation, over the Internet, or
827827 14 in any other manner or means;
828828 15 (4) concerning:
829829 16 (A) real or personal property;
830830 17 (B) services, professional or otherwise; or
831831 18 (C) any circumstance or matter of fact connected with the
832832 19 proposed performance or disposition of real or personal
833833 20 property; and
834834 21 (5) that is:
835835 22 (A) untrue or misleading; or
836836 23 (B) known, or which by the exercise of reasonable care
837837 24 should be known, to be untrue or misleading.
838838 25 The prohibition described in this subsection includes making,
839839 26 disseminating, or causing to be made or disseminated a statement
840840 27 described in this subsection as part of a plan or scheme with the
841841 28 intent to not sell personal property or services, professional or
842842 29 otherwise, as advertised at the price stated in the advertisement.
843843 30 (g) A firearm industry member doing business in and
844844 31 advertising to consumers in Indiana shall not, with respect to the
845845 32 sale or marketing of firearm related products, make a false or
846846 33 misleading advertising claim, including a claim that:
847847 34 (1) purports to be based on factual, objective, or clinical
848848 35 evidence;
849849 36 (2) compares the product's effectiveness or safety to that of
850850 37 other brands or products; or
851851 38 (3) purports to be based on any fact.
852852 39 Sec. 10. (a) An act or omission by a firearm industry member in
853853 40 violation of the firearm industry standard of conduct set forth
854854 41 section 9 of this chapter is actionable under this section.
855855 42 (b) A person who has suffered harm in Indiana because of a
856856 2023 IN 429—LS 7359/DI 144 20
857857 1 firearm industry member's conduct described by subsection (a)
858858 2 may bring an action in a court with jurisdiction.
859859 3 (c) The attorney general may bring a civil action in a court with
860860 4 jurisdiction in the name of the state of Indiana to enforce this
861861 5 chapter and remedy harm caused by a violation of this chapter.
862862 6 (d) A city attorney may bring a civil action in a court with
863863 7 jurisdiction in the name of that city to enforce this chapter and
864864 8 remedy harm caused by a violation of this chapter.
865865 9 (e) A county attorney may bring a civil action in a court with
866866 10 jurisdiction in the name of that county to enforce this chapter and
867867 11 remedy harm caused by a violation of this chapter.
868868 12 Sec. 11. (a) If a court determines that a firearm industry
869869 13 member engaged in conduct described by section 10(a) of this
870870 14 chapter, the court may award one (1) or more of the following:
871871 15 (1) Injunctive relief sufficient to prevent the firearm industry
872872 16 member and any other defendant from further violating the
873873 17 law.
874874 18 (2) Damages.
875875 19 (3) Attorney's fees and costs.
876876 20 (4) Any other appropriate relief necessary to enforce this
877877 21 chapter and remedy the harm caused by the conduct.
878878 22 Sec. 12. (a) In an action alleging that a firearm industry member
879879 23 failed to establish, implement, and enforce reasonable controls in
880880 24 violation of section 9(b)(1) of this chapter, there is a rebuttable
881881 25 presumption that the firearm industry member failed to implement
882882 26 reasonable controls if both of the following conditions are satisfied:
883883 27 (A) The firearm industry member's action or failure to act
884884 28 created a reasonably foreseeable risk that the harm alleged by
885885 29 the claimant would occur.
886886 30 (B) The firearm industry member could have established,
887887 31 implemented, and enforced reasonable controls to prevent or
888888 32 substantially mitigate the risk that the harm would occur.
889889 33 (b) If the rebuttable presumption described by subsection (a) is
890890 34 established, the firearm industry member has the burden of
891891 35 proving by a preponderance of the evidence that the firearm
892892 36 industry member established, implemented, and enforced
893893 37 reasonable controls.
894894 38 Sec. 13. An intervening act by a third party, including criminal
895895 39 misuse of a firearm related product, does not preclude a firearm
896896 40 industry member from liability under this chapter.
897897 41 Sec. 14. (a) This chapter may not be construed or implied to
898898 42 limit or impair in any way the right of a person or entity to pursue
899899 2023 IN 429—LS 7359/DI 144 21
900900 1 a legal action under any other authority.
901901 2 (b) This chapter may not be construed or implied to limit or
902902 3 impair in any way an obligation or requirement placed on a
903903 4 firearm industry member by any other authority.
904904 5 (c) This chapter must be construed and applied in a manner that
905905 6 is consistent with the requirements of the Constitution of the
906906 7 United States and the Constitution of the State of Indiana.
907907 8 SECTION 17. IC 34-30-2.1-566.5 IS ADDED TO THE INDIANA
908908 9 CODE AS A NEW SECTION TO READ AS FOLLOWS
909909 10 [EFFECTIVE JULY 1, 2023]: Sec. 566.5. IC 35-47-2.5-4.5
910910 11 (Concerning the sale, trade, and transfer of firearms by firearms
911911 12 dealers).
912912 13 SECTION 18. IC 35-31.5-2-19.5 IS ADDED TO THE INDIANA
913913 14 CODE AS A NEW SECTION TO READ AS FOLLOWS
914914 15 [EFFECTIVE JULY 1, 2023]: Sec. 19.5. "Antique firearm", for
915915 16 purposes of IC 35-47-1.5, has the meaning set forth in
916916 17 IC 35-47-1.5-1.
917917 18 SECTION 19. IC 35-31.5-2-25.5 IS ADDED TO THE INDIANA
918918 19 CODE AS A NEW SECTION TO READ AS FOLLOWS
919919 20 [EFFECTIVE JULY 1, 2023]: Sec. 25.5. "Barrel shroud", for
920920 21 purposes of IC 35-47-5.5, has the meaning set forth in
921921 22 IC 35-47-5.5-1.
922922 23 SECTION 20. IC 35-31.5-2-26.3 IS ADDED TO THE INDIANA
923923 24 CODE AS A NEW SECTION TO READ AS FOLLOWS
924924 25 [EFFECTIVE JULY 1, 2023]: Sec. 26.3. "Belt fed semiautomatic
925925 26 firearm", for purposes of IC 35-47-5.5, has the meaning set forth
926926 27 in IC 35-47-5.5-2.
927927 28 SECTION 21. IC 35-31.5-2-38, AS AMENDED BY P.L.252-2017,
928928 29 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
929929 30 JULY 1, 2023]: Sec. 38. "Child", for purposes of IC 35-46-1-8,
930930 31 IC 35-47-10, and IC 35-44.1-5-5, and IC 35-47-1.5, has the meaning
931931 32 set forth in IC 35-47-10-3.
932932 33 SECTION 22. IC 35-31.5-2-78, AS AMENDED BY P.L.175-2022,
933933 34 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
934934 35 JULY 1, 2023]: Sec. 78. "Crime of domestic violence", for purposes of
935935 36 IC 5-2-6.1, IC 35-38-9, IC 35-47-2-1.5, and IC 35-47-4-7, means an
936936 37 offense or the attempt to commit an offense that:
937937 38 (1) has as an element the:
938938 39 (A) use of physical force; or
939939 40 (B) threatened use of a deadly weapon; and
940940 41 (2) is committed against a family or household member, as
941941 42 defined in section 128 of this chapter.
942942 2023 IN 429—LS 7359/DI 144 22
943943 1 SECTION 23. IC 35-31.5-2-92.5 IS ADDED TO THE INDIANA
944944 2 CODE AS A NEW SECTION TO READ AS FOLLOWS
945945 3 [EFFECTIVE JULY 1, 2023]: Sec. 92.5. "Detachable magazine", for
946946 4 purposes of IC 35-47-5.5, has the meaning set forth in
947947 5 IC 35-47-5.5-3.
948948 6 SECTION 24. IC 35-31.5-2-136.2 IS ADDED TO THE INDIANA
949949 7 CODE AS A NEW SECTION TO READ AS FOLLOWS
950950 8 [EFFECTIVE JULY 1, 2023]: Sec. 136.2. "Fixed magazine", for
951951 9 purposes of IC 35-47-5.5, has the meaning set forth in
952952 10 IC 35-47-5.5-4.
953953 11 SECTION 25. IC 35-31.5-2-136.5 IS ADDED TO THE INDIANA
954954 12 CODE AS A NEW SECTION TO READ AS FOLLOWS
955955 13 [EFFECTIVE JULY 1, 2023]: Sec. 136.5. "Folding, telescoping, or
956956 14 detachable stock", for purposes of IC 35-47-5.5, has the meaning
957957 15 set forth in IC 35-47-5.5-5.
958958 16 SECTION 26. IC 35-31.5-2-139.1 IS ADDED TO THE INDIANA
959959 17 CODE AS A NEW SECTION TO READ AS FOLLOWS
960960 18 [EFFECTIVE JULY 1, 2023]: Sec. 139.1. "Forward grip", for
961961 19 purposes of IC 35-47-5.5, has the meaning set forth in
962962 20 IC 35-47-5.5-6.
963963 21 SECTION 27. IC 35-31.5-2-146.5 IS ADDED TO THE INDIANA
964964 22 CODE AS A NEW SECTION TO READ AS FOLLOWS
965965 23 [EFFECTIVE JULY 1, 2023]: Sec. 146.5. "Grenade launcher", for
966966 24 purposes of IC 35-47-5.5, has the meaning set forth in
967967 25 IC 35-47-5.5-7.
968968 26 SECTION 28. IC 35-31.5-2-171.3 IS ADDED TO THE INDIANA
969969 27 CODE AS A NEW SECTION TO READ AS FOLLOWS
970970 28 [EFFECTIVE JULY 1, 2023]: Sec. 171.3. "Inoperable firearm", for
971971 29 purposes of IC 35-47-1.5, has the meaning set forth in
972972 30 IC 35-47-1.5-3.
973973 31 SECTION 29. IC 35-31.5-2-187.5 IS ADDED TO THE INDIANA
974974 32 CODE AS A NEW SECTION TO READ AS FOLLOWS
975975 33 [EFFECTIVE JULY 1, 2023]: Sec. 187.5. "Licensed importer,
976976 34 licensed manufacturer, licensed dealer, or licensed collector", for
977977 35 purposes of IC 35-47-5.5, has the meaning set forth in
978978 36 IC 35-47-5.5-8.
979979 37 SECTION 30. IC 35-31.5-2-188.1 IS ADDED TO THE INDIANA
980980 38 CODE AS A NEW SECTION TO READ AS FOLLOWS
981981 39 [EFFECTIVE JULY 1, 2023]: Sec. 188.1. "Loaded firearm", for
982982 40 purposes of IC 35-47-1.5, has the meaning set forth in
983983 41 IC 35-47-1.5-4.
984984 42 SECTION 31. IC 35-31.5-2-210.5, AS ADDED BY P.L.66-2016,
985985 2023 IN 429—LS 7359/DI 144 23
986986 1 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
987987 2 JULY 1, 2023]: Sec. 210.5. "NFA firearm", for purposes of
988988 3 IC 35-47-2.5-4.5 and IC 35-47-8.5, has the meaning set forth in
989989 4 IC 35-47-8.5-1.
990990 5 SECTION 32. IC 35-31.5-2-235.6 IS ADDED TO THE INDIANA
991991 6 CODE AS A NEW SECTION TO READ AS FOLLOWS
992992 7 [EFFECTIVE JULY 1, 2023]: Sec. 235.6. "Pistol grip", for purposes
993993 8 of IC 35-47-5.5, has the meaning set forth in IC 35-47-5.5-9.
994994 9 SECTION 33. IC 35-31.5-2-273.4, AS ADDED BY P.L.58-2020,
995995 10 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
996996 11 JULY 1, 2023]: Sec. 273.4. (a) "Relative", for purposes of IC 35-40.5,
997997 12 has the meaning set forth in IC 35-40.5-1-1.
998998 13 (b) "Relative", for purposes of IC 35-47-2.5-4.5, has the
999999 14 meaning set forth in IC 35-42-2-1(b).
10001000 15 SECTION 34. IC 35-31.5-2-288.5 IS ADDED TO THE INDIANA
10011001 16 CODE AS A NEW SECTION TO READ AS FOLLOWS
10021002 17 [EFFECTIVE JULY 1, 2023]: Sec. 288.5. "Secures", for purposes of
10031003 18 IC 35-47-1.5, has the meaning set forth in IC 35-47-1.5-5.
10041004 19 SECTION 35. IC 35-31.5-2-291.4 IS ADDED TO THE INDIANA
10051005 20 CODE AS A NEW SECTION TO READ AS FOLLOWS
10061006 21 [EFFECTIVE JULY 1, 2023]: Sec. 291.4. "Semiautomatic assault
10071007 22 weapon", for purposes of IC 35-47-5.5, has the meaning set forth
10081008 23 in IC 35-47-5.5-10.
10091009 24 SECTION 36. IC 35-31.5-2-291.5 IS ADDED TO THE INDIANA
10101010 25 CODE AS A NEW SECTION TO READ AS FOLLOWS
10111011 26 [EFFECTIVE JULY 1, 2023]: Sec. 291.5. "Semiautomatic pistol",
10121012 27 for purposes of IC 35-47-5.5, has the meaning set forth in
10131013 28 IC 35-47-5.5-11.
10141014 29 SECTION 37. IC 35-31.5-2-291.6 IS ADDED TO THE INDIANA
10151015 30 CODE AS A NEW SECTION TO READ AS FOLLOWS
10161016 31 [EFFECTIVE JULY 1, 2023]: Sec. 291.6. "Semiautomatic rifle", for
10171017 32 purposes of IC 35-47-5.5, has the meaning set forth in
10181018 33 IC 35-47-5.5-12.
10191019 34 SECTION 38. IC 35-31.5-2-291.7 IS ADDED TO THE INDIANA
10201020 35 CODE AS A NEW SECTION TO READ AS FOLLOWS
10211021 36 [EFFECTIVE JULY 1, 2023]: Sec. 291.7. "Semiautomatic shotgun",
10221022 37 for purposes of IC 35-47-5.5, has the meaning set forth in
10231023 38 IC 35-47-5.5-13.
10241024 39 SECTION 39. IC 35-31.5-2-329.8 IS ADDED TO THE INDIANA
10251025 40 CODE AS A NEW SECTION TO READ AS FOLLOWS
10261026 41 [EFFECTIVE JULY 1, 2023]: Sec. 329.8. "Threaded barrel", for
10271027 42 purposes of IC 35-47-5.5, has the meaning set forth in
10281028 2023 IN 429—LS 7359/DI 144 24
10291029 1 IC 35-47-5.5-14.
10301030 2 SECTION 40. IC 35-33-1-1, AS AMENDED BY P.L.175-2022,
10311031 3 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10321032 4 JULY 1, 2023]: Sec. 1. (a) A law enforcement officer may arrest a
10331033 5 person when the officer has:
10341034 6 (1) a warrant commanding that the person be arrested;
10351035 7 (2) probable cause to believe the person has committed or
10361036 8 attempted to commit, or is committing or attempting to commit,
10371037 9 a felony;
10381038 10 (3) probable cause to believe the person has violated the
10391039 11 provisions of IC 9-26-1-1.1 or IC 9-30-5;
10401040 12 (4) probable cause to believe the person is committing or
10411041 13 attempting to commit a misdemeanor in the officer's presence;
10421042 14 (5) probable cause to believe the person has committed a:
10431043 15 (A) battery resulting in bodily injury under IC 35-42-2-1; or
10441044 16 (B) domestic battery under IC 35-42-2-1.3.
10451045 17 The officer may use an affidavit executed by an individual alleged
10461046 18 to have direct knowledge of the incident alleging the elements of
10471047 19 the offense of battery to establish probable cause;
10481048 20 (6) probable cause to believe that the person violated
10491049 21 IC 35-46-1-15.1 (invasion of privacy) or IC 35-46-1-15.3;
10501050 22 (7) probable cause to believe that the person violated
10511051 23 IC 35-47-2-1.5 (unlawful carrying of a handgun) IC 35-47-2-1
10521052 24 (carrying a handgun without a license) or IC 35-47-2-22
10531053 25 (counterfeit handgun license);
10541054 26 (8) probable cause to believe that the person is violating or has
10551055 27 violated an order issued under IC 35-50-7;
10561056 28 (9) probable cause to believe that the person is violating or has
10571057 29 violated IC 35-47-6-1.1 (undisclosed transport of a dangerous
10581058 30 device);
10591059 31 (10) probable cause to believe that the person is:
10601060 32 (A) violating or has violated IC 35-45-2-5 (interference with
10611061 33 the reporting of a crime); and
10621062 34 (B) interfering with or preventing the reporting of a crime
10631063 35 involving domestic or family violence (as defined in
10641064 36 IC 34-6-2-34.5);
10651065 37 (11) probable cause to believe that the person has committed theft
10661066 38 (IC 35-43-4-2);
10671067 39 (12) a removal order issued for the person by an immigration
10681068 40 court;
10691069 41 (13) a detainer or notice of action for the person issued by the
10701070 42 United States Department of Homeland Security; or
10711071 2023 IN 429—LS 7359/DI 144 25
10721072 1 (14) probable cause to believe that the person has been indicted
10731073 2 for or convicted of one (1) or more aggravated felonies (as
10741074 3 defined in 8 U.S.C. 1101(a)(43)).
10751075 4 (b) A person who:
10761076 5 (1) is employed full time as a federal enforcement officer;
10771077 6 (2) is empowered to effect an arrest with or without warrant for a
10781078 7 violation of the United States Code; and
10791079 8 (3) is authorized to carry firearms in the performance of the
10801080 9 person's duties;
10811081 10 may act as an officer for the arrest of offenders against the laws of this
10821082 11 state where the person reasonably believes that a felony has been or is
10831083 12 about to be committed or attempted in the person's presence.
10841084 13 SECTION 41. IC 35-47-1-2.6 IS ADDED TO THE INDIANA
10851085 14 CODE AS A NEW SECTION TO READ AS FOLLOWS
10861086 15 [EFFECTIVE JULY 1, 2023]: Sec. 2.6. "Antique firearm", for
10871087 16 purposes of IC 35-47-1.5, has the meaning set forth in
10881088 17 IC 35-47-1.5-1.
10891089 18 SECTION 42. IC 35-47-1-2.7 IS ADDED TO THE INDIANA
10901090 19 CODE AS A NEW SECTION TO READ AS FOLLOWS
10911091 20 [EFFECTIVE JULY 1, 2023]: Sec. 2.7. "Barrel shroud", for
10921092 21 purposes of IC 35-47-5.5, has the meaning set forth in
10931093 22 IC 35-47-5.5-1.
10941094 23 SECTION 43. IC 35-47-1-2.8 IS ADDED TO THE INDIANA
10951095 24 CODE AS A NEW SECTION TO READ AS FOLLOWS
10961096 25 [EFFECTIVE JULY 1, 2023]: Sec. 2.8. "Belt fed semiautomatic
10971097 26 firearm", for purposes of IC 35-47-5.5, has the meaning set forth
10981098 27 in IC 35-47-5.5-2.
10991099 28 SECTION 44. IC 35-47-1-2.9 IS ADDED TO THE INDIANA
11001100 29 CODE AS A NEW SECTION TO READ AS FOLLOWS
11011101 30 [EFFECTIVE JULY 1, 2023]: Sec. 2.9. "Child", for purposes of
11021102 31 IC 35-47-1.5, has the meaning set forth in IC 35-47-10-3.
11031103 32 SECTION 45. IC 35-47-1-3.5 IS ADDED TO THE INDIANA
11041104 33 CODE AS A NEW SECTION TO READ AS FOLLOWS
11051105 34 [EFFECTIVE JULY 1, 2023]: Sec. 3.5. "Detachable magazine", for
11061106 35 purposes of IC 35-47-5.5, has the meaning set forth in
11071107 36 IC 35-47-5.5-3.
11081108 37 SECTION 46. IC 35-47-1-5.2 IS ADDED TO THE INDIANA
11091109 38 CODE AS A NEW SECTION TO READ AS FOLLOWS
11101110 39 [EFFECTIVE JULY 1, 2023]: Sec. 5.2. "Fixed magazine", for
11111111 40 purposes of IC 35-47-5.5, has the meaning set forth in
11121112 41 IC 35-47-5.5-4.
11131113 42 SECTION 47. IC 35-47-1-5.3 IS ADDED TO THE INDIANA
11141114 2023 IN 429—LS 7359/DI 144 26
11151115 1 CODE AS A NEW SECTION TO READ AS FOLLOWS
11161116 2 [EFFECTIVE JULY 1, 2023]: Sec. 5.3. "Folding, telescoping, or
11171117 3 detachable stock", for purposes of IC 35-47-5.5, has the meaning
11181118 4 set forth in IC 35-47-5.5-5.
11191119 5 SECTION 48. IC 35-47-1-5.4 IS ADDED TO THE INDIANA
11201120 6 CODE AS A NEW SECTION TO READ AS FOLLOWS
11211121 7 [EFFECTIVE JULY 1, 2023]: Sec. 5.4. "Forward grip", for
11221122 8 purposes of IC 35-47-5.5, has the meaning set forth in
11231123 9 IC 35-47-5.5-6.
11241124 10 SECTION 49. IC 35-47-1-5.6 IS ADDED TO THE INDIANA
11251125 11 CODE AS A NEW SECTION TO READ AS FOLLOWS
11261126 12 [EFFECTIVE JULY 1, 2023]: Sec. 5.6. "Grenade launcher", for
11271127 13 purposes of IC 35-47-5.5, has the meaning set forth in
11281128 14 IC 35-47-5.5-7.
11291129 15 SECTION 50. IC 35-47-1-6.3 IS ADDED TO THE INDIANA
11301130 16 CODE AS A NEW SECTION TO READ AS FOLLOWS
11311131 17 [EFFECTIVE JULY 1, 2023]: Sec. 6.3. "Inoperable firearm", for
11321132 18 purposes of IC 35-47-1.5, has the meaning set forth in
11331133 19 IC 35-47-1.5-3.
11341134 20 SECTION 51. IC 35-47-1-6.5 IS ADDED TO THE INDIANA
11351135 21 CODE AS A NEW SECTION TO READ AS FOLLOWS
11361136 22 [EFFECTIVE JULY 1, 2023]: Sec. 6.5. "Licensed importer, licensed
11371137 23 manufacturer, licensed dealer, or licensed collector", for purposes
11381138 24 of IC 35-47-5.5, has the meaning set forth in IC 35-47-5.5-8.
11391139 25 SECTION 52. IC 35-47-1-6.6 IS ADDED TO THE INDIANA
11401140 26 CODE AS A NEW SECTION TO READ AS FOLLOWS
11411141 27 [EFFECTIVE JULY 1, 2023]: Sec. 6.6. "Loaded firearm", for
11421142 28 purposes of IC 35-47-1.5, has the meaning set forth in
11431143 29 IC 35-47-1.5-4.
11441144 30 SECTION 53. IC 35-47-1-6.7 IS ADDED TO THE INDIANA
11451145 31 CODE AS A NEW SECTION TO READ AS FOLLOWS
11461146 32 [EFFECTIVE JULY 1, 2023]: Sec. 6.7. "NFA firearm" has the
11471147 33 meaning set forth in IC 35-47-8.5-1.
11481148 34 SECTION 54. IC 35-47-1-6.8 IS ADDED TO THE INDIANA
11491149 35 CODE AS A NEW SECTION TO READ AS FOLLOWS
11501150 36 [EFFECTIVE JULY 1, 2023]: Sec. 6.8. "Pistol grip", for purposes of
11511151 37 IC 35-47-5.5, has the meaning set forth in IC 35-47-5.5-9.
11521152 38 SECTION 55. IC 35-47-1-8.5 IS ADDED TO THE INDIANA
11531153 39 CODE AS A NEW SECTION TO READ AS FOLLOWS
11541154 40 [EFFECTIVE JULY 1, 2023]: Sec. 8.5. "Relative" has the meaning
11551155 41 set forth in IC 35-42-2-1(b).
11561156 42 SECTION 56. IC 35-47-1-10.2 IS ADDED TO THE INDIANA
11571157 2023 IN 429—LS 7359/DI 144 27
11581158 1 CODE AS A NEW SECTION TO READ AS FOLLOWS
11591159 2 [EFFECTIVE JULY 1, 2023]: Sec. 10.2. "Secures", for purposes of
11601160 3 IC 35-47-1.5, has the meaning set forth in IC 35-47-1.5-5.
11611161 4 SECTION 57. IC 35-47-1-10.4 IS ADDED TO THE INDIANA
11621162 5 CODE AS A NEW SECTION TO READ AS FOLLOWS
11631163 6 [EFFECTIVE JULY 1, 2023]: Sec. 10.4. "Semiautomatic assault
11641164 7 weapon", for purposes of IC 35-47-5.5, has the meaning set forth
11651165 8 in IC 35-47-5.5-10.
11661166 9 SECTION 58. IC 35-47-1-10.5 IS ADDED TO THE INDIANA
11671167 10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11681168 11 [EFFECTIVE JULY 1, 2023]: Sec. 10.5. "Semiautomatic pistol", for
11691169 12 purposes of IC 35-47-5.5, has the meaning set forth in
11701170 13 IC 35-47-5.5-11.
11711171 14 SECTION 59. IC 35-47-1-10.6 IS ADDED TO THE INDIANA
11721172 15 CODE AS A NEW SECTION TO READ AS FOLLOWS
11731173 16 [EFFECTIVE JULY 1, 2023]: Sec. 10.6. "Semiautomatic rifle", for
11741174 17 purposes of IC 35-47-5.5, has the meaning set forth in
11751175 18 IC 35-47-5.5-12.
11761176 19 SECTION 60. IC 35-47-1-10.7 IS ADDED TO THE INDIANA
11771177 20 CODE AS A NEW SECTION TO READ AS FOLLOWS
11781178 21 [EFFECTIVE JULY 1, 2023]: Sec. 10.7. "Semiautomatic shotgun",
11791179 22 for purposes of IC 35-47-5.5, has the meaning set forth in
11801180 23 IC 35-47-5.5-13.
11811181 24 SECTION 61. IC 35-47-1-12.5 IS ADDED TO THE INDIANA
11821182 25 CODE AS A NEW SECTION TO READ AS FOLLOWS
11831183 26 [EFFECTIVE JULY 1, 2023]: Sec. 12.5. "Threaded barrel", for
11841184 27 purposes of IC 35-47-5.5, has the meaning set forth in
11851185 28 IC 35-47-5.5-14.
11861186 29 SECTION 62. IC 35-47-1.5 IS ADDED TO THE INDIANA CODE
11871187 30 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
11881188 31 JULY 1, 2023]:
11891189 32 Chapter 1.5. Storage of Firearms
11901190 33 Sec. 1. As used in this chapter, "antique firearm" has the
11911191 34 meaning set forth in 18 U.S.C. 921(a)(16).
11921192 35 Sec. 2. As used in this chapter, "child" has the meaning set forth
11931193 36 in IC 35-47-10-3.
11941194 37 Sec. 3. As used in this chapter, "inoperable firearm" means a
11951195 38 firearm that is permanently unable to discharge or expel a
11961196 39 projectile by means of an explosion. The term does not include any
11971197 40 firearm that may be modified to discharge or expel a projectile by
11981198 41 means of an explosion.
11991199 42 Sec. 4. As used in this chapter, "loaded firearm" means a
12001200 2023 IN 429—LS 7359/DI 144 28
12011201 1 firearm with one (1) or more of the following characteristics:
12021202 2 (1) A bullet, cartridge, projectile, or round in the breech,
12031203 3 chamber, or cylinder of the firearm.
12041204 4 (2) Ammunition in close proximity to the firearm so that a
12051205 5 person can readily insert the ammunition into the firearm.
12061206 6 (3) Ammunition that is:
12071207 7 (A) inserted or stored inside the:
12081208 8 (i) breech;
12091209 9 (ii) cylinder; or
12101210 10 (iii) fixed magazine;
12111211 11 of the firearm; or
12121212 12 (B) housed or stored inside a detachable magazine of the
12131213 13 firearm.
12141214 14 Sec. 5. As used in this chapter, "secures" means to prevent
12151215 15 access to a firearm. The term includes the following:
12161216 16 (1) Placing or storing the firearm in a locked container.
12171217 17 (2) Temporarily rendering the firearm inoperable by:
12181218 18 (A) use of a trigger lock, bore lock, cable lock, or
12191219 19 comparable device; or
12201220 20 (B) disassembling the firearm in a manner that prevents
12211221 21 the firearm from operating.
12221222 22 Sec. 6. (a) This chapter does not apply to the following:
12231223 23 (1) Antique firearms.
12241224 24 (2) Inoperable firearms.
12251225 25 (3) A person who secures a firearm against unauthorized
12261226 26 access to the firearm.
12271227 27 (4) A person who carries a firearm:
12281228 28 (A) on his or her person; or
12291229 29 (B) in such proximity to his or her person that the firearm
12301230 30 may be readily retrieved and used.
12311231 31 (5) Any use of a firearm described in IC 35-47-10-1(b).
12321232 32 (6) Any possession of a firearm described in IC 34-28-7.
12331233 33 (b) It is unlawful for a person to knowingly or intentionally
12341234 34 store or keep a loaded firearm on any premises under the person's
12351235 35 control if one (1) or more of the following conditions apply:
12361236 36 (1) The person knows, or reasonably should know, that a child
12371237 37 is likely to gain access to the firearm.
12381238 38 (2) The person knows, or reasonably should know, that a
12391239 39 permanent resident or temporary occupant of the premises is
12401240 40 disqualified, ineligible, or prohibited from possessing a
12411241 41 firearm under federal or state law.
12421242 42 (3) The person knows, or reasonably should know, that a
12431243 2023 IN 429—LS 7359/DI 144 29
12441244 1 permanent resident or temporary occupant of the premises
12451245 2 poses a risk of imminent personal injury to the permanent
12461246 3 resident or temporary occupant or any other individual.
12471247 4 (c) If:
12481248 5 (1) a person described in subsection (b) fails to secure a
12491249 6 firearm; and
12501250 7 (2) use of the unsecured firearm by another person results in:
12511251 8 (A) any injury to; or
12521252 9 (B) the death of;
12531253 10 any other person;
12541254 11 the person responsible for control of the premises commits unsafe
12551255 12 storage of a firearm, a Level 6 felony. However, the offense is a
12561256 13 Level 5 felony if the person has a prior, unrelated conviction for an
12571257 14 offense under this section.
12581258 15 (d) It is a defense to a prosecution under subsection (c) that the
12591259 16 injury or death inflicted on the other person occurred during a
12601260 17 lawful act of:
12611261 18 (1) self-defense; or
12621262 19 (2) defense of a third party.
12631263 20 SECTION 63. IC 35-47-2-1, AS AMENDED BY P.L.175-2022,
12641264 21 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12651265 22 JULY 1, 2023]: Sec. 1. (a) A person who meets the following
12661266 23 requirements may carry a handgun in the manner described in
12671267 24 subsection (b):
12681268 25 (1) The person is not prohibited from possessing or carrying a
12691269 26 handgun under federal law as in effect on January 1, 2022.
12701270 27 (2) Notwithstanding section 1.5 of this chapter, the person is not
12711271 28 otherwise prohibited under state law from possessing or carrying
12721272 29 a handgun.
12731273 30 (3) The person does not meet the requirements under
12741274 31 IC 35-47-2-3 to receive a license to carry a handgun in Indiana.
12751275 32 Except as provided in subsections (b) and (c) and sections 2.2
12761276 33 and 2.3 of this chapter, a person shall not carry a handgun in
12771277 34 any vehicle or on or about the person's body without being
12781278 35 licensed under this chapter to carry a handgun.
12791279 36 (b) Except as provided in subsection (c), a person may carry a
12801280 37 handgun without being licensed under this chapter to carry a handgun
12811281 38 if:
12821282 39 (1) the person carries the handgun on or about the person's body
12831283 40 in or on property that is owned, leased, rented, or otherwise
12841284 41 legally controlled by the person;
12851285 42 (2) the person carries the handgun on or about the person's body
12861286 2023 IN 429—LS 7359/DI 144 30
12871287 1 while lawfully present in or on property that is owned, leased,
12881288 2 rented, or otherwise legally controlled by another person, if the
12891289 3 person:
12901290 4 (A) has the consent of the owner, renter, lessor, or person who
12911291 5 legally controls the property to have the handgun on the
12921292 6 premises;
12931293 7 (B) is attending a firearms related event on the property,
12941294 8 including a gun show, firearms expo, gun owner's club or
12951295 9 convention, hunting club, shooting club, or training course; or
12961296 10 (C) is on the property to receive firearms related services,
12971297 11 including the repair, maintenance, or modification of a
12981298 12 firearm;
12991299 13 (3) the person carries the handgun in a vehicle that is owned,
13001300 14 leased, rented, or otherwise legally controlled by the person, if the
13011301 15 handgun is:
13021302 16 (A) unloaded;
13031303 17 (B) not readily accessible; and
13041304 18 (C) secured in a case;
13051305 19 (4) the person carries the handgun while lawfully present in a
13061306 20 vehicle that is owned, leased, rented, or otherwise legally
13071307 21 controlled by another person, if the handgun is:
13081308 22 (A) unloaded;
13091309 23 (B) not readily accessible; and
13101310 24 (C) secured in a case; or
13111311 25 (5) the person carries the handgun:
13121312 26 (A) at a shooting range (as defined in IC 14-22-31.5-3);
13131313 27 (B) while attending a firearms instructional course; or
13141314 28 (C) while engaged in a legal hunting activity; or
13151315 29 (6) the person is permitted to carry a handgun without a
13161316 30 license under section 2.3 of this chapter (persons protected by
13171317 31 a protection order).
13181318 32 (c) Unless the person's right to possess a firearm has been
13191319 33 restored under IC 35-47-4-7, a person who has been convicted of
13201320 34 domestic battery under IC 35-42-2-1.3 may not possess or carry a
13211321 35 handgun.
13221322 36 (c) (d) This chapter section may not be construed:
13231323 37 (1) to prohibit a person who owns, leases, rents, or otherwise
13241324 38 legally controls private property from regulating or prohibiting the
13251325 39 possession of firearms on the private property;
13261326 40 (2) to allow a person to adopt or enforce an ordinance, resolution,
13271327 41 policy, or rule that:
13281328 42 (A) prohibits; or
13291329 2023 IN 429—LS 7359/DI 144 31
13301330 1 (B) has the effect of prohibiting;
13311331 2 an employee of the person from possessing a firearm or
13321332 3 ammunition that is locked in the trunk of the employee's vehicle,
13331333 4 kept in the glove compartment of the employee's locked vehicle,
13341334 5 or stored out of plain sight in the employee's locked vehicle,
13351335 6 unless the person's adoption or enforcement of the ordinance,
13361336 7 resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
13371337 8 (3) to allow a person to adopt or enforce a law, statute, ordinance,
13381338 9 resolution, policy, or rule that allows a person to possess or
13391339 10 transport a firearm or ammunition if the person is prohibited from
13401340 11 possessing or transporting the firearm or ammunition by state or
13411341 12 federal law.
13421342 13 (d) Nothing in this chapter may be construed to affect the status or
13431343 14 validity of a five (5) year or lifetime license to carry a handgun issued
13441344 15 by the superintendent before July 1, 2022. Any license described under
13451345 16 this subsection shall remain valid for the duration of the license or the
13461346 17 lifetime of the licensee, as applicable.
13471347 18 (e) A person who knowingly or intentionally violates this section
13481348 19 commits a Class A misdemeanor. However, the offense is a Level
13491349 20 5 felony:
13501350 21 (1) if the offense is committed:
13511351 22 (A) on or in school property;
13521352 23 (B) within five hundred (500) feet of school property; or
13531353 24 (C) on a school bus; or
13541354 25 (2) if the person:
13551355 26 (A) has a prior conviction of any offense under:
13561356 27 (i) this section; or
13571357 28 (ii) section 22 of this chapter; or
13581358 29 (B) has been convicted of a felony within fifteen (15) years
13591359 30 before the date of the offense.
13601360 31 SECTION 64. IC 35-47-2-1.5 IS REPEALED [EFFECTIVE JULY
13611361 32 1, 2023]. Sec. 1.5. (a) The following terms are defined for this section:
13621362 33 (1) "Adjudicated a mental defective" means a determination by a
13631363 34 court that a person:
13641364 35 (A) presents a danger to the person or to others; or
13651365 36 (B) lacks the mental capacity necessary to contract or manage
13661366 37 the person's affairs.
13671367 38 The term includes a finding of insanity by a court in a criminal
13681368 39 proceeding.
13691369 40 (2) "Alien" means any person who is not lawfully in the United
13701370 41 States. The term includes:
13711371 42 (A) any person who has:
13721372 2023 IN 429—LS 7359/DI 144 32
13731373 1 (i) entered the United States without inspection and
13741374 2 authorization by an immigration officer; and
13751375 3 (ii) not been paroled into the United States under the federal
13761376 4 Immigration and Nationality Act;
13771377 5 (B) a nonimmigrant:
13781378 6 (i) whose authorized period of stay has expired; or
13791379 7 (ii) who has violated the terms of the nonimmigrant category
13801380 8 under which the person was admitted;
13811381 9 (C) a person paroled under the federal Immigration and
13821382 10 Nationality Act whose period of parole has:
13831383 11 (i) expired; or
13841384 12 (ii) been terminated; and
13851385 13 (D) a person subject to an order:
13861386 14 (i) of deportation, exclusion, or removal; or
13871387 15 (ii) to depart the United States voluntarily;
13881388 16 regardless of whether or not the person has left the United
13891389 17 States.
13901390 18 (3) "Committed to a mental institution" means the formal
13911391 19 commitment of a person to a mental institution by a court. The
13921392 20 term includes:
13931393 21 (A) a commitment for:
13941394 22 (i) a cognitive or mental defect; or
13951395 23 (ii) a mental illness; and
13961396 24 (B) involuntary commitments.
13971397 25 The term does not include voluntary commitments or a
13981398 26 commitment made for observational purposes.
13991399 27 (4) "Crime of domestic violence" has the meaning set forth in
14001400 28 IC 35-31.5-2-78.
14011401 29 (5) "Dangerous" has the meaning set forth in IC 35-47-14-1.
14021402 30 (6) "Fugitive from justice" means any person who:
14031403 31 (A) flees or leaves from any state to avoid prosecution for a
14041404 32 felony or misdemeanor offense; or
14051405 33 (B) flees or leaves any state to avoid testifying in a criminal
14061406 34 proceeding.
14071407 35 (7) "Indictment" means any formal accusation of a crime made by
14081408 36 a prosecuting attorney in any court for a crime punishable by a
14091409 37 term of imprisonment exceeding one (1) year.
14101410 38 (8) A crime or offense "punishable by a term of imprisonment
14111411 39 exceeding one (1) year" does not include a federal or state crime
14121412 40 or offense pertaining to antitrust violations, unfair trade practices,
14131413 41 restraints of trade, or other similar offenses relating to the
14141414 42 regulation of business practices.
14151415 2023 IN 429—LS 7359/DI 144 33
14161416 1 (b) Except as provided in subsections (c) and (d), the following
14171417 2 persons may not knowingly or intentionally carry a handgun:
14181418 3 (1) A person convicted of a federal or state offense punishable by
14191419 4 a term of imprisonment exceeding one (1) year.
14201420 5 (2) A fugitive from justice.
14211421 6 (3) An alien.
14221422 7 (4) A person convicted of:
14231423 8 (A) a crime of domestic violence (IC 35-31.5-2-78);
14241424 9 (B) domestic battery (IC 35-42-2-1.3); or
14251425 10 (C) criminal stalking (IC 35-45-10-5).
14261426 11 (5) A person restrained by an order of protection issued under
14271427 12 IC 34-26-5.
14281428 13 (6) A person under indictment.
14291429 14 (7) A person who has been:
14301430 15 (A) adjudicated dangerous under IC 35-47-14-6;
14311431 16 (B) adjudicated a mental defective; or
14321432 17 (C) committed to a mental institution.
14331433 18 (8) A person dishonorably discharged from:
14341434 19 (A) military service; or
14351435 20 (B) the National Guard.
14361436 21 (9) A person who renounces the person's United States citizenship
14371437 22 in the manner described in 8 U.S.C. 1481.
14381438 23 (10) A person who is less than:
14391439 24 (A) eighteen (18) years of age; or
14401440 25 (B) twenty-three (23) years of age and has an adjudication as
14411441 26 a delinquent child for an act described by IC 35-47-4-5;
14421442 27 unless authorized under IC 35-47-10.
14431443 28 (c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person if
14441444 29 a court has restored the person's right to possess a firearm under
14451445 30 IC 35-47-4-7.
14461446 31 (d) A person who has:
14471447 32 (1) been adjudicated dangerous under IC 35-47-14-6; and
14481448 33 (2) successfully petitioned for the return of a firearm under
14491449 34 IC 35-47-14-8 with respect to the adjudication under subdivision
14501450 35 (1);
14511451 36 is not prohibited from carrying a handgun under subsection (b) on the
14521452 37 basis that the person was adjudicated dangerous under subdivision (1).
14531453 38 However, the person may still be prohibited from carrying a handgun
14541454 39 on one (1) or more of the other grounds listed in subsection (b).
14551455 40 (e) A person who violates this section commits unlawful carrying of
14561456 41 a handgun, a Class A misdemeanor. However, the offense is a Level 5
14571457 42 felony if:
14581458 2023 IN 429—LS 7359/DI 144 34
14591459 1 (1) the offense is committed:
14601460 2 (A) on or in school property;
14611461 3 (B) within five hundred (500) feet of school property; or
14621462 4 (C) on a school bus; or
14631463 5 (2) the person:
14641464 6 (A) has a prior conviction of any offense under:
14651465 7 (i) this section;
14661466 8 (ii) section 1 of this chapter (carrying a handgun without a
14671467 9 license) (before its repeal); or
14681468 10 (iii) section 22 of this chapter; or
14691469 11 (B) has been convicted of a felony within fifteen (15) years
14701470 12 before the date of the offense.
14711471 13 SECTION 65. IC 35-47-2-2.2 IS ADDED TO THE INDIANA
14721472 14 CODE AS A NEW SECTION TO READ AS FOLLOWS
14731473 15 [EFFECTIVE JULY 1, 2023]: Sec. 2.2. Section 1 of this chapter does
14741474 16 not apply to:
14751475 17 (1) marshals;
14761476 18 (2) sheriffs;
14771477 19 (3) the commissioner of the department of correction or
14781478 20 persons authorized by the commissioner in writing to carry
14791479 21 firearms;
14801480 22 (4) judicial officers;
14811481 23 (5) law enforcement officers;
14821482 24 (6) members of the armed forces of the United States or of the
14831483 25 national guard or organized reserves while they are on duty;
14841484 26 (7) regularly enrolled members of any organization duly
14851485 27 authorized to purchase or receive such weapons from the
14861486 28 United States or from this state who are at or are going to or
14871487 29 from their place of assembly or target practice;
14881488 30 (8) employees of the United States duly authorized to carry
14891489 31 handguns;
14901490 32 (9) employees of express companies when engaged in company
14911491 33 business; or
14921492 34 (10) any person engaged in the business of manufacturing,
14931493 35 repairing, or dealing in firearms or the agent or
14941494 36 representative of any such person having in the person's
14951495 37 possession, using, or carrying a handgun in the usual or
14961496 38 ordinary course of that business.
14971497 39 SECTION 66. IC 35-47-2-2.3 IS ADDED TO THE INDIANA
14981498 40 CODE AS A NEW SECTION TO READ AS FOLLOWS
14991499 41 [EFFECTIVE JULY 1, 2023]: Sec. 2.3. (a) As used in this section,
15001500 42 "protection order" means a civil protection order issued under
15011501 2023 IN 429—LS 7359/DI 144 35
15021502 1 IC 34-26-5.
15031503 2 (b) A person may carry a handgun without a license if the
15041504 3 person:
15051505 4 (1) has applied for a license to carry a handgun as described
15061506 5 in section 3 of this chapter;
15071507 6 (2) is protected by a protection order;
15081508 7 (3) is at least eighteen (18) years of age; and
15091509 8 (4) is not otherwise barred by state or federal law from
15101510 9 possessing a handgun;
15111511 10 during the period described in subsection (c).
15121512 11 (c) A person described in subsection (b) may carry a handgun
15131513 12 without a license for a period ending sixty (60) days after the date
15141514 13 the protection order is issued.
15151515 14 SECTION 67. IC 35-47-2-3, AS AMENDED BY P.L.175-2022,
15161516 15 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15171517 16 JULY 1, 2023]: Sec. 3. (a) A person who is at least eighteen (18) years
15181518 17 of age and is not otherwise prohibited from carrying or possessing
15191519 18 desiring a license to carry a handgun under state or federal law is not
15201520 19 required to obtain or possess a license or permit from the state to carry
15211521 20 a handgun in Indiana. A resident of this state who wishes to carry a
15221522 21 firearm in another state under a reciprocity agreement entered into by
15231523 22 this state and another state may obtain a license to carry a handgun in
15241524 23 Indiana under this chapter by applying: shall apply:
15251525 24 (1) to the chief of police or corresponding law enforcement officer
15261526 25 of the municipality in which the applicant resides;
15271527 26 (2) if that municipality has no such officer, or if the applicant does
15281528 27 not reside in a municipality, to the sheriff of the county in which
15291529 28 the applicant resides after the applicant has obtained an
15301530 29 application form prescribed by the superintendent; or
15311531 30 (3) if the applicant is a resident of another state and has a regular
15321532 31 place of business or employment in Indiana, to the sheriff of the
15331533 32 county in which the applicant has a regular place of business or
15341534 33 employment.
15351535 34 The superintendent and local law enforcement agencies shall allow an
15361536 35 applicant desiring to obtain or renew a license to carry a handgun to
15371537 36 submit an application electronically under this chapter if funds are
15381538 37 available to establish and maintain an electronic application system.
15391539 38 (b) This subsection applies before July 1, 2020. The law
15401540 39 enforcement agency which accepts an application for a handgun license
15411541 40 shall collect the following application fees:
15421542 41 (1) From a person applying for a four (4) year handgun license, a
15431543 42 ten dollar ($10) application fee, five dollars ($5) of which shall be
15441544 2023 IN 429—LS 7359/DI 144 36
15451545 1 refunded if the license is not issued.
15461546 2 (2) From a person applying for a lifetime handgun license who
15471547 3 does not currently possess a valid Indiana handgun license, a fifty
15481548 4 dollar ($50) application fee, thirty dollars ($30) of which shall be
15491549 5 refunded if the license is not issued.
15501550 6 (3) From a person applying for a lifetime handgun license who
15511551 7 currently possesses a valid Indiana handgun license, a forty dollar
15521552 8 ($40) application fee, thirty dollars ($30) of which shall be
15531553 9 refunded if the license is not issued.
15541554 10 Except as provided in subsection (j), the fee shall be deposited into the
15551555 11 law enforcement agency's firearms training fund or other appropriate
15561556 12 training activities fund and used by the agency to train law enforcement
15571557 13 officers in the proper use of firearms or in other law enforcement
15581558 14 duties, or to purchase firearms, firearm related equipment, or body
15591559 15 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
15601560 16 employed by the law enforcement agency. The state board of accounts
15611561 17 shall establish rules for the proper accounting and expenditure of funds
15621562 18 collected under this subsection.
15631563 19 (c) This subsection applies after June 30, 2020, and before July 1,
15641564 20 2021. The law enforcement agency which accepts an application for a
15651565 21 handgun license shall not collect a fee from a person applying for a five
15661566 22 (5) year handgun license and shall collect the following application
15671567 23 fees:
15681568 24 (1) From a person applying for a lifetime handgun license who
15691569 25 does not currently possess a valid Indiana handgun license, a fifty
15701570 26 dollar ($50) application fee, thirty dollars ($30) of which shall be
15711571 27 refunded if the license is not issued.
15721572 28 (2) From a person applying for a lifetime handgun license who
15731573 29 currently possesses a valid Indiana handgun license, a forty dollar
15741574 30 ($40) application fee, thirty dollars ($30) of which shall be
15751575 31 refunded if the license is not issued.
15761576 32 Except as provided in subsection (j), the fee shall be deposited into the
15771577 33 law enforcement agency's firearms training fund or other appropriate
15781578 34 training activities fund and used by the agency to train law enforcement
15791579 35 officers in the proper use of firearms or in other law enforcement
15801580 36 duties, or to purchase firearms, firearm related equipment, or body
15811581 37 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
15821582 38 employed by the law enforcement agency. The state board of accounts
15831583 39 shall establish rules for the proper accounting and expenditure of funds
15841584 40 collected under this subsection.
15851585 41 (d) This subsection applies after June 30, 2021. The law
15861586 42 enforcement agency which accepts an application for a handgun license
15871587 2023 IN 429—LS 7359/DI 144 37
15881588 1 shall not collect a fee from a person applying for a handgun license.
15891589 2 (e) The officer to whom the application is made shall ascertain the
15901590 3 applicant's name, full address, length of residence in the community,
15911591 4 whether the applicant's residence is located within the limits of any city
15921592 5 or town, the applicant's occupation, place of business or employment,
15931593 6 criminal record, if any, and convictions (minor traffic offenses
15941594 7 excepted), age, race, sex, nationality, date of birth, citizenship, height,
15951595 8 weight, build, color of hair, color of eyes, scars and marks, whether the
15961596 9 applicant has previously held an Indiana license to carry a handgun
15971597 10 and, if so, the serial number of the license and year issued, whether the
15981598 11 applicant's license has ever been suspended or revoked, and if so, the
15991599 12 year and reason for the suspension or revocation, and the applicant's
16001600 13 reason for desiring a license. If the applicant is not a United States
16011601 14 citizen, the officer to whom the application is made shall ascertain the
16021602 15 applicant's country of citizenship, place of birth, and any alien or
16031603 16 admission number issued by the United States Citizenship and
16041604 17 Immigration Services or United States Customs and Border Protection
16051605 18 or any successor agency as applicable. The officer to whom the
16061606 19 application is made shall conduct an investigation into the applicant's
16071607 20 official records and verify thereby the applicant's character and
16081608 21 reputation, and shall in addition verify for accuracy the information
16091609 22 contained in the application, and shall forward this information
16101610 23 together with the officer's recommendation for approval or disapproval
16111611 24 and one (1) set of legible and classifiable fingerprints of the applicant
16121612 25 to the superintendent. An investigation conducted under this section
16131613 26 must include the consulting of available local, state, and federal
16141614 27 criminal history data banks, including the National Instant Criminal
16151615 28 Background Check System (NICS), to determine whether possession
16161616 29 of a firearm by an applicant would be a violation of state or federal law.
16171617 30 (f) The superintendent may make whatever further investigation the
16181618 31 superintendent deems necessary. Whenever disapproval is
16191619 32 recommended, the officer to whom the application is made shall
16201620 33 provide the superintendent and the applicant with the officer's complete
16211621 34 and specific reasons, in writing, for the recommendation of
16221622 35 disapproval.
16231623 36 (g) If it appears to the superintendent that the applicant:
16241624 37 (1) has a proper reason for receiving a license to carry carrying
16251625 38 a handgun;
16261626 39 (2) is of good character and reputation;
16271627 40 (3) is a proper person to be licensed; and
16281628 41 (4) is:
16291629 42 (A) a citizen of the United States; or
16301630 2023 IN 429—LS 7359/DI 144 38
16311631 1 (B) not a citizen of the United States but is allowed to carry a
16321632 2 firearm in the United States under federal law;
16331633 3 the superintendent shall issue to the applicant a qualified or an
16341634 4 unlimited license to carry a any handgun in Indiana. lawfully
16351635 5 possessed by the applicant. The original license shall be delivered to
16361636 6 the licensee. A copy shall be delivered to the officer to whom the
16371637 7 application for license was made. A copy shall be retained by the
16381638 8 superintendent for at least five (5) years in the case of a five (5) year
16391639 9 license. The superintendent may adopt guidelines to establish a records
16401640 10 retention policy for a lifetime license. A five (5) year license shall be
16411641 11 valid for a period of five (5) years from the date of issue. A lifetime
16421642 12 license is valid for the life of the individual receiving the license. The
16431643 13 license of police officers, sheriffs or their deputies, and law
16441644 14 enforcement officers of the United States government who have twenty
16451645 15 (20) or more years of service shall be valid for the life of these
16461646 16 individuals. However, a lifetime license is automatically revoked if the
16471647 17 license holder does not remain a proper person.
16481648 18 (h) At the time a license is issued and delivered to a licensee under
16491649 19 subsection (g), the superintendent shall include with the license
16501650 20 information concerning firearms handgun safety rules that:
16511651 21 (1) neither opposes nor supports an individual's right to bear
16521652 22 arms; and
16531653 23 (2) is:
16541654 24 (A) recommended by a nonprofit educational organization that
16551655 25 is dedicated to providing education on safe handling and use
16561656 26 of firearms;
16571657 27 (B) prepared by the state police department; and
16581658 28 (C) approved by the superintendent.
16591659 29 The superintendent may not deny a license under this section because
16601660 30 the information required under this subsection is unavailable at the
16611661 31 time the superintendent would otherwise issue a license. The state
16621662 32 police department may accept private donations or grants to defray the
16631663 33 cost of printing and mailing the information required under this
16641664 34 subsection.
16651665 35 (i) A license to carry a handgun shall not be issued to any person
16661666 36 who:
16671667 37 (1) has been convicted of a felony;
16681668 38 (2) has had a license to carry a handgun suspended, unless the
16691669 39 person's license has been reinstated;
16701670 40 (3) is under eighteen (18) years of age;
16711671 41 (4) is under twenty-three (23) years of age if the person has been
16721672 42 adjudicated a delinquent child for an act that would be a felony if
16731673 2023 IN 429—LS 7359/DI 144 39
16741674 1 committed by an adult;
16751675 2 (5) has been arrested for a Class A or Class B felony for an
16761676 3 offense committed before July 1, 2014, for a Level 1, Level 2,
16771677 4 Level 3, or Level 4 felony for an offense committed after June 30,
16781678 5 2014, or any other felony that was committed while armed with
16791679 6 a deadly weapon or that involved the use of violence, if a court
16801680 7 has found probable cause to believe that the person committed the
16811681 8 offense charged; or
16821682 9 (6) is prohibited by federal law from possessing or receiving
16831683 10 firearms under 18 U.S.C. 922(g). or
16841684 11 (7) is described in IC 35-47-2-1.5, unless exempted by
16851685 12 IC 35-47-2-1.5.
16861686 13 In the case of an arrest under subdivision (5), a license to carry a
16871687 14 handgun may be issued to a person who has been acquitted of the
16881688 15 specific offense charged or if the charges for the specific offense are
16891689 16 dismissed. The superintendent shall prescribe all forms to be used in
16901690 17 connection with the administration of this chapter.
16911691 18 (j) If the law enforcement agency that charges a fee under
16921692 19 subsection (b) or (c) is a city or town law enforcement agency, the fee
16931693 20 shall be deposited in the law enforcement continuing education fund
16941694 21 established under IC 5-2-8-2.
16951695 22 (k) If a person who holds a valid license to carry a handgun issued
16961696 23 under this chapter:
16971697 24 (1) changes the person's name;
16981698 25 (2) changes the person's address; or
16991699 26 (3) experiences a change, including an arrest or a conviction, that
17001700 27 may affect the person's status as a proper person (as defined in
17011701 28 IC 35-47-1-7) or otherwise disqualify the person from holding a
17021702 29 license;
17031703 30 the person shall, not later than thirty (30) days after the date of a
17041704 31 change described under subdivision (3), and not later than sixty (60)
17051705 32 days after the date of the change described under subdivision (1) or (2),
17061706 33 notify the superintendent, in writing, of the event described under
17071707 34 subdivision (3) or, in the case of a change under subdivision (1) or (2),
17081708 35 the person's new name or new address.
17091709 36 (l) The state police shall indicate on the form for a license to carry
17101710 37 a handgun the notification requirements of subsection (k).
17111711 38 (m) The state police department shall adopt rules under IC 4-22-2
17121712 39 to:
17131713 40 (1) implement an electronic application system under subsection
17141714 41 (a); and
17151715 42 (2) expedite the processing of an application made by a person
17161716 2023 IN 429—LS 7359/DI 144 40
17171717 1 described in section 2.3(b) of this chapter.
17181718 2 Rules adopted under this section must require the superintendent to
17191719 3 keep on file one (1) set of classifiable and legible fingerprints from
17201720 4 every person who has received a license to carry a handgun so that a
17211721 5 person who applies to renew a license will not be required to submit an
17221722 6 additional set of fingerprints.
17231723 7 (n) Except as provided in subsection (o), for purposes of
17241724 8 IC 5-14-3-4(a)(1), the following information is confidential, may not
17251725 9 be published, and is not open to public inspection:
17261726 10 (1) Information submitted by a person under this section to:
17271727 11 (A) obtain; or
17281728 12 (B) renew;
17291729 13 a license to carry a handgun.
17301730 14 (2) Information obtained by a federal, state, or local government
17311731 15 entity in the course of an investigation concerning a person who
17321732 16 applies to:
17331733 17 (A) obtain; or
17341734 18 (B) renew;
17351735 19 a license to carry a handgun issued under this chapter.
17361736 20 (3) The name, address, and any other information that may be
17371737 21 used to identify a person who holds a license to carry a handgun
17381738 22 issued under this chapter.
17391739 23 (o) Notwithstanding subsection (n):
17401740 24 (1) any information concerning an applicant for or a person who
17411741 25 holds a license to carry a handgun issued under this chapter may
17421742 26 be released to a federal, state, or local government entity:
17431743 27 (A) for law enforcement purposes; or
17441744 28 (B) to determine the validity of a license to carry a handgun;
17451745 29 and
17461746 30 (2) general information concerning the issuance of licenses to
17471747 31 carry handguns in Indiana may be released to a person conducting
17481748 32 journalistic or academic research, but only if all personal
17491749 33 information that could disclose the identity of any person who
17501750 34 holds a license to carry a handgun issued under this chapter has
17511751 35 been removed from the general information.
17521752 36 (p) A person who holds a valid license to carry a handgun under this
17531753 37 chapter is licensed to carry a handgun in Indiana.
17541754 38 (q) (p) A person who knowingly or intentionally violates this section
17551755 39 commits a Class B misdemeanor.
17561756 40 SECTION 68. IC 35-47-2-4, AS AMENDED BY P.L.175-2022,
17571757 41 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17581758 42 JULY 1, 2023]: Sec. 4. (a) Licenses to carry handguns issued under
17591759 2023 IN 429—LS 7359/DI 144 41
17601760 1 section 3 of this chapter shall be either qualified or unlimited, and
17611761 2 are valid for:
17621762 3 (1) five (5) years from the date of issue in the case of a five (5)
17631763 4 year license; or
17641764 5 (2) the life of the individual receiving the license in the case of a
17651765 6 lifetime license.
17661766 7 A qualified license shall be issued for hunting and target practice.
17671767 8 An individual may separately apply for and simultaneously hold
17681768 9 both a five (5) year license and a lifetime license. The
17691769 10 superintendent may adopt rules imposing limitations on the use
17701770 11 and carrying of handguns under a license when handguns are
17711771 12 carried by a licensee as a condition of employment. Unlimited
17721772 13 licenses shall be issued for the purpose of the protection of life and
17731773 14 property.
17741774 15 (b) There is no fee for a qualified or unlimited license. to carry a
17751775 16 handgun. The superintendent shall charge a twenty dollar ($20) fee for
17761776 17 the issuance of a duplicate license to replace a lost or damaged license.
17771777 18 This fee shall be deposited in accordance with subsection (c).
17781778 19 (c) Fees collected under this section shall be deposited in the state
17791779 20 general fund.
17801780 21 (d) The superintendent may not issue a lifetime qualified license or
17811781 22 a lifetime unlimited license to a person who is a resident of another
17821782 23 state. The superintendent may issue a five (5) year qualified license or
17831783 24 a five (5) year unlimited license to a person who is a resident of
17841784 25 another state and who has a regular place of business or employment
17851785 26 in Indiana as described in section 3(a)(3) of this chapter.
17861786 27 (e) A person who knowingly or intentionally violates this section
17871787 28 commits a Class B misdemeanor.
17881788 29 SECTION 69. IC 35-47-2-25 IS ADDED TO THE INDIANA
17891789 30 CODE AS A NEW SECTION TO READ AS FOLLOWS
17901790 31 [EFFECTIVE JULY 1, 2023]: Sec. 25. (a) In an information or
17911791 32 indictment brought for the enforcement of any provision of this
17921792 33 chapter, it is not necessary to negate any exemption specified under
17931793 34 this chapter, or to allege the absence of a license required under
17941794 35 this chapter. The burden of proof is on the defendant to prove that
17951795 36 the defendant is exempt under section 2.2 of this chapter, or that
17961796 37 the defendant has a license as required under this chapter.
17971797 38 (b) Whenever a person who has been arrested or charged with
17981798 39 a violation of section 1 of this chapter presents a valid license to the
17991799 40 prosecuting attorney or establishes that the person is exempt under
18001800 41 section 2.2 of this chapter, any prosecution for a violation of section
18011801 42 1 of this chapter shall be dismissed immediately, and all records of
18021802 2023 IN 429—LS 7359/DI 144 42
18031803 1 an arrest or proceedings following arrest shall be destroyed
18041804 2 immediately.
18051805 3 SECTION 70. IC 35-47-2.5-1, AS AMENDED BY P.L.175-2022,
18061806 4 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18071807 5 JULY 1, 2023]: Sec. 1. (a) Sections 2 through 5 of this chapter do not
18081808 6 apply to the following:
18091809 7 (1) Transactions between persons who are licensed as firearms
18101810 8 importers or collectors or firearms manufacturers or dealers under
18111811 9 18 U.S.C. 923.
18121812 10 (2) Purchases by or sales to a law enforcement officer or agent of
18131813 11 the United States, the state, or a county or local government.
18141814 12 (3) Indiana residents in possession of a license described in
18151815 13 licensed to carry handguns under IC 35-47-2-3.
18161816 14 (b) Notwithstanding any other provision of this chapter, the state
18171817 15 shall participate in the NICS if federal funds are available to assist the
18181818 16 state in participating in the NICS. If:
18191819 17 (1) the state participates in the NICS; and
18201820 18 (2) there is a conflict between:
18211821 19 (A) a provision of this chapter; and
18221822 20 (B) a procedure required under the NICS;
18231823 21 the procedure required under the NICS prevails over the conflicting
18241824 22 provision of this chapter.
18251825 23 SECTION 71. IC 35-47-2.5-4.5 IS ADDED TO THE INDIANA
18261826 24 CODE AS A NEW SECTION TO READ AS FOLLOWS
18271827 25 [EFFECTIVE JULY 1, 2023]: Sec. 4.5. (a) This section does not
18281828 26 apply to:
18291829 27 (1) a law enforcement officer acting within the scope of the
18301830 28 officer's official duties;
18311831 29 (2) active duty members of the armed forces of the United
18321832 30 States acting within the scope of their official duties;
18331833 31 (3) any action or activity described in IC 35-47-10-1(b);
18341834 32 (4) the temporary transfer of a firearm to another person:
18351835 33 (A) while at a shooting range (as defined in
18361836 34 IC 14-22-31.5-3);
18371837 35 (B) for the purpose of providing or receiving instruction
18381838 36 during a firearms instructional course; or
18391839 37 (C) for the purpose of engaging in a legal hunting activity;
18401840 38 (5) the receipt of a firearm by a gunsmith or armorer for the
18411841 39 purpose of repair or modification;
18421842 40 (6) the receipt of a firearm by a person who is:
18431843 41 (A) required to carry, handle, or transport a firearm as a
18441844 42 result of a commercial or professional responsibility; and
18451845 2023 IN 429—LS 7359/DI 144 43
18461846 1 (B) acting within the scope of the person's commercial or
18471847 2 professional responsibilities at the time of the person's
18481848 3 receipt, possession, or transfer of the firearm;
18491849 4 (7) a dealer who is selling, trading, or transferring a firearm
18501850 5 to another dealer; or
18511851 6 (8) a person who transfers a firearm to a relative if the
18521852 7 following conditions are met:
18531853 8 (A) The transferor does not know or have reasonable cause
18541854 9 to know that the recipient relative will use the firearm in
18551855 10 the commission or furtherance of a crime.
18561856 11 (B) The recipient relative is not prohibited from possessing
18571857 12 a firearm under federal or state law.
18581858 13 (C) If the firearm to be transferred is an NFA firearm, the
18591859 14 transferor complies with:
18601860 15 (i) IC 35-47-8.5; and
18611861 16 (ii) all applicable federal laws concerning the transfer of
18621862 17 an NFA firearm.
18631863 18 (D) The transfer of the firearm is an intrastate transfer
18641864 19 occurring between Indiana residents.
18651865 20 (b) A person who wishes to sell, trade, or transfer a firearm to
18661866 21 another person must:
18671867 22 (1) transact the sale, trade, or transfer through a dealer; and
18681868 23 (2) provide the dealer with:
18691869 24 (A) the name, date of birth, and residential address of the
18701870 25 seller of the firearm;
18711871 26 (B) the name, date of birth, and residential address of the
18721872 27 recipient of the firearm; and
18731873 28 (C) any other information required by:
18741874 29 (i) Form 4473 completed under section 3 of this chapter;
18751875 30 or
18761876 31 (ii) the dealer;
18771877 32 for the purpose of submitting the respective identities of the
18781878 33 seller and recipient to NICS.
18791879 34 (c) A dealer must do the following before transacting any sale,
18801880 35 trade, or transfer of a firearm between private parties:
18811881 36 (1) Successfully contact NICS.
18821882 37 (2) Receive authorization to complete the requested sale,
18831883 38 trade, or transfer of the firearm from NICS before
18841884 39 performing the requested sale, trade, or transfer.
18851885 40 (3) Comply with all applicable federal laws concerning the
18861886 41 requested sale, trade, or transfer of a firearm.
18871887 42 (d) A dealer may:
18881888 2023 IN 429—LS 7359/DI 144 44
18891889 1 (1) charge a fee for the dealer's role in transacting the sale,
18901890 2 trade, or transfer of a firearm; and
18911891 3 (2) refuse to transact the sale, trade, or transfer of a firearm
18921892 4 for any reason.
18931893 5 If a dealer refuses to transact a sale, trade, or transfer, the dealer
18941894 6 must provide to the prospective recipient and prospective seller a
18951895 7 written explanation for the dealer's refusal to transact the
18961896 8 requested sale, trade, or transfer.
18971897 9 (e) Except as provided in subsections (f), (g), (h), and (i), a
18981898 10 dealer who refuses to transact the sale, trade, or transfer of a
18991899 11 firearm under subsection (d) must do the following:
19001900 12 (1) As soon as practicable, inform the seller and intended
19011901 13 recipient of the firearm of the dealer's decision to not transact
19021902 14 the sale, trade, or transfer of the firearm.
19031903 15 (2) Return any fee originally charged by the dealer for the
19041904 16 dealer's role in transacting the sale, trade, or transfer of the
19051905 17 firearm to the appropriate party or parties.
19061906 18 (3) Return the firearm to be sold, traded, or transferred to the
19071907 19 seller if:
19081908 20 (A) the firearm is in the dealer's control or possession at
19091909 21 the time the dealer refuses to transact the sale, trade, or
19101910 22 transfer of the firearm; and
19111911 23 (B) the seller is not otherwise prohibited under federal or
19121912 24 state law from possessing a firearm or NFA firearm, as
19131913 25 applicable.
19141914 26 (f) A dealer who discovers that the seller of a firearm is not
19151915 27 eligible, under federal or state law, to possess a firearm or an NFA
19161916 28 firearm, as applicable, must:
19171917 29 (1) comply with subsection (e)(1);
19181918 30 (2) maintain custody of the firearm;
19191919 31 (3) surrender the firearm to the state police not later than
19201920 32 twenty-four (24) hours after learning of the seller's inability
19211921 33 to possess the firearm or NFA firearm, as applicable; and
19221922 34 (4) comply with all applicable federal laws concerning the
19231923 35 transfer of a firearm.
19241924 36 A dealer who is unable to transact the sale, trade, or transfer of a
19251925 37 firearm due to the inability of the seller to possess a firearm or
19261926 38 NFA firearm, as applicable, is not required to return any fee
19271927 39 originally charged to the seller for the dealer's role in the
19281928 40 attempted transaction.
19291929 41 (g) A dealer who discovers that the intended recipient of a
19301930 42 firearm is not eligible, under federal or state law, to possess a
19311931 2023 IN 429—LS 7359/DI 144 45
19321932 1 firearm or an NFA firearm, as applicable, must:
19331933 2 (1) comply with subsection (e)(1);
19341934 3 (2) maintain custody of the firearm;
19351935 4 (3) return the firearm to the seller as soon as practicable if the
19361936 5 seller is not otherwise prohibited under federal or state law
19371937 6 from possessing the firearm or NFA firearm, as applicable;
19381938 7 and
19391939 8 (4) comply with all applicable federal laws concerning the
19401940 9 transfer of a firearm.
19411941 10 A dealer who is unable to transact the sale, trade, or transfer of a
19421942 11 firearm due to the inability of the intended recipient to possess a
19431943 12 firearm or NFA firearm, as applicable, is not required to return
19441944 13 any fee originally charged to the intended recipient for the dealer's
19451945 14 role in the attempted transaction.
19461946 15 (h) A dealer who discovers that the seller of a firearm and the
19471947 16 intended recipient of the firearm are not eligible, under federal or
19481948 17 state law, to possess a firearm or an NFA firearm, as applicable,
19491949 18 must:
19501950 19 (1) comply with subsection (e)(1);
19511951 20 (2) maintain custody of the firearm;
19521952 21 (3) surrender the firearm to the state police not later than
19531953 22 twenty-four (24) hours after learning of the seller's and
19541954 23 intended recipient's ineligibility to possess a firearm or NFA
19551955 24 firearm, as applicable; and
19561956 25 (4) comply with all applicable federal laws concerning the
19571957 26 transfer of a firearm.
19581958 27 A dealer who is unable to transact the sale, trade, or transfer of a
19591959 28 firearm due to the inability of the seller and the intended recipient
19601960 29 to possess a firearm or NFA firearm, as applicable, is not required
19611961 30 to return any fee originally charged to the seller or the recipient
19621962 31 for the dealer's role in the attempted transaction.
19631963 32 (i) A dealer who discovers that a firearm to be sold, traded, or
19641964 33 transferred has been:
19651965 34 (1) reported:
19661966 35 (A) lost; or
19671967 36 (B) stolen; or
19681968 37 (2) used in the commission of a crime;
19691969 38 must comply with subsection (e)(1), maintain custody of the
19701970 39 firearm, and surrender the firearm to the state police not later
19711971 40 than twenty-four (24) hours after learning of the firearm's lost,
19721972 41 stolen, or criminal activity status and comply with all applicable
19731973 42 federal laws concerning the transfer of a firearm. A dealer who is
19741974 2023 IN 429—LS 7359/DI 144 46
19751975 1 unable to transact the sale, trade, or transfer of a firearm due to
19761976 2 the lost, stolen, or criminal activity status of a firearm to be sold,
19771977 3 traded, or transferred is not required to return any fee originally
19781978 4 charged to the seller or intended recipient for the dealer's role in
19791979 5 the attempted transaction.
19801980 6 (j) A dealer who:
19811981 7 (1) refuses to transact the sale, trade, or transfer of a firearm
19821982 8 under subsection (d)(2) and complies with subsection (e); or
19831983 9 (2) aborts the sale, trade, or transfer of a firearm for a
19841984 10 reason:
19851985 11 (A) described in subsection (f), (g), (h), or (i); or
19861986 12 (B) required under federal or state law;
19871987 13 shall be immune from civil liability and damages, including
19881988 14 punitive damages, for any act or omission related to the dealer's
19891989 15 decision to terminate a firearm sale, trade, or transfer described in
19901990 16 subdivisions (1) and (2). If a dealer is not liable under this
19911991 17 subsection, no person, by reason of an agency relationship with the
19921992 18 dealer, may be held liable for any damages, including punitive
19931993 19 damages, related to a terminated sale, trade, or transfer of a
19941994 20 firearm.
19951995 21 (k) A person who knowingly or intentionally makes a materially
19961996 22 false statement to a dealer for the purpose of completing a
19971997 23 transaction described in this section commits firearm transfer
19981998 24 fraud, a Level 6 felony. However, the offense is a Level 5 felony if
19991999 25 the person has a prior unrelated conviction under this subsection.
20002000 26 (l) A dealer or person who knowingly or intentionally transacts
20012001 27 the sale, trade, or transfer of a firearm:
20022002 28 (1) without:
20032003 29 (A) contacting NICS; or
20042004 30 (B) having a dealer contact NICS on the person's behalf;
20052005 31 as applicable;
20062006 32 (2) without receiving authorization from NICS to proceed
20072007 33 with the requested sale, trade, or transfer of the firearm
20082008 34 before transacting the requested sale, trade, or transfer of the
20092009 35 firearm; or
20102010 36 (3) in violation of a NICS instruction to terminate the
20112011 37 requested sale, trade, or transfer of the firearm;
20122012 38 commits unlawful transfer of a firearm, a Level 6 felony. However,
20132013 39 the offense is a Level 5 felony if the dealer or person, as applicable,
20142014 40 has a prior unrelated conviction for an offense under this
20152015 41 subsection.
20162016 42 (m) It is a defense to a prosecution under subsection (l) that a
20172017 2023 IN 429—LS 7359/DI 144 47
20182018 1 dealer or person, as applicable, received authorization from NICS
20192019 2 to transact a sale, trade, or transfer of a firearm.
20202020 3 SECTION 72. IC 35-47-4-10 IS ADDED TO THE INDIANA
20212021 4 CODE AS A NEW SECTION TO READ AS FOLLOWS
20222022 5 [EFFECTIVE JULY 1, 2023]: Sec. 10. A licensed importer, licensed
20232023 6 manufacturer, licensed dealer, or licensed collector may not sell or
20242024 7 deliver a firearm that is not a handgun to a person who is less than
20252025 8 twenty-one (21) years of age.
20262026 9 SECTION 73. IC 35-47-5.5 IS ADDED TO THE INDIANA CODE
20272027 10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
20282028 11 JULY 1, 2023]:
20292029 12 Chapter 5.5. Regulation of Assault Weapons
20302030 13 Sec. 1. (a) As used in this chapter and except as provided in
20312031 14 subsection (b), "barrel shroud" means a shroud that is:
20322032 15 (1) attached to; or
20332033 16 (2) partially or completely encircles;
20342034 17 the barrel of a firearm so that the shroud protects the user of the
20352035 18 firearm from heat generated by the barrel.
20362036 19 (b) The term does not include:
20372037 20 (1) a slide that partially or completely encloses the barrel; or
20382038 21 (2) an extension of the stock along the bottom of the barrel
20392039 22 which does not encircle or substantially encircle the barrel.
20402040 23 Sec. 2. As used in this chapter, "belt fed semiautomatic firearm"
20412041 24 means a repeating firearm that:
20422042 25 (1) uses a portion of the energy of a firing cartridge to:
20432043 26 (A) extract the fired cartridge case; and
20442044 27 (B) chamber the next round;
20452045 28 (2) requires a separate pull of the trigger to fire each
20462046 29 cartridge; and
20472047 30 (3) has the capacity to accept a belt ammunition feeding
20482048 31 device.
20492049 32 Sec. 3. As used in this chapter, "detachable magazine" means an
20502050 33 ammunition feeding device that can be removed from a firearm
20512051 34 without disassembly of the firearm action.
20522052 35 Sec. 4. As used in this chapter, "fixed magazine" means an
20532053 36 ammunition feeding device that is permanently fixed to the firearm
20542054 37 in such a manner that it cannot be removed without disassembly of
20552055 38 the firearm.
20562056 39 Sec. 5. As used in this chapter, "folding, telescoping, or
20572057 40 detachable stock" means a stock that folds, telescopes, detaches, or
20582058 41 otherwise operates to:
20592059 42 (1) reduce the length, size, or any other dimension of; or
20602060 2023 IN 429—LS 7359/DI 144 48
20612061 1 (2) otherwise enhance the ability to conceal;
20622062 2 a firearm.
20632063 3 Sec. 6. As used in this chapter, "forward grip" means a grip
20642064 4 located forward of the trigger that functions as a pistol grip.
20652065 5 Sec. 7. As used in this chapter, "grenade launcher" means an
20662066 6 attachment for use on a firearm that is designed to propel a
20672067 7 grenade or other similar destructive device.
20682068 8 Sec. 8. As used in this chapter, "licensed importer, licensed
20692069 9 manufacturer, licensed dealer, or licensed collector" has the
20702070 10 meaning set forth in 18 U.S.C. 921(a) corresponding to each term,
20712071 11 as applicable.
20722072 12 Sec. 9. As used in this chapter, "pistol grip" means a grip, a
20732073 13 thumbhole stock or Thordsen-type grip or stock, or any other
20742074 14 characteristic that can function as a grip.
20752075 15 Sec. 10. As used in this chapter, "semiautomatic assault
20762076 16 weapon" means any of the following, regardless of the country of
20772077 17 manufacture or the caliber of ammunition accepted:
20782078 18 (1) A semiautomatic rifle that has the capacity to accept a
20792079 19 detachable magazine and at least one (1) of the following:
20802080 20 (A) A pistol grip.
20812081 21 (B) A forward grip.
20822082 22 (C) A folding, telescoping, or detachable stock.
20832083 23 (D) A capability to be otherwise foldable or adjustable in
20842084 24 a manner that:
20852085 25 (i) operates to reduce the length, size, or any other
20862086 26 dimension of; or
20872087 27 (ii) otherwise enhances the ability to conceal;
20882088 28 the weapon.
20892089 29 (E) A grenade launcher.
20902090 30 (F) A barrel shroud.
20912091 31 (G) A threaded barrel.
20922092 32 (2) A semiautomatic rifle that has a fixed magazine with the
20932093 33 capacity to accept more than ten (10) rounds. This subdivision
20942094 34 does not include an attached tubular device that is:
20952095 35 (A) designed to accept; and
20962096 36 (B) capable of operating only with;
20972097 37 .22 caliber rimfire ammunition.
20982098 38 (3) A part, combination of parts, component, device,
20992099 39 attachment, or accessory that:
21002100 40 (A) is designed; or
21012101 41 (B) functions;
21022102 42 to accelerate the rate of fire of a semiautomatic rifle but not
21032103 2023 IN 429—LS 7359/DI 144 49
21042104 1 convert the semiautomatic rifle into a machine gun.
21052105 2 (4) A semiautomatic pistol that has the capacity to accept a
21062106 3 detachable magazine and:
21072107 4 (A) has:
21082108 5 (i) a threaded barrel;
21092109 6 (ii) a second pistol grip;
21102110 7 (iii) a barrel shroud;
21112111 8 (iv) the capacity to accept a detachable magazine at some
21122112 9 location outside of the pistol grip;
21132113 10 (v) a manufactured weight of fifty (50) ounces or more
21142114 11 when unloaded; or
21152115 12 (vi) a stabilizing brace or similar component; or
21162116 13 (B) is a semiautomatic version of an automatic firearm.
21172117 14 (5) A semiautomatic pistol with a fixed magazine that has the
21182118 15 capacity to accept more than ten (10) rounds.
21192119 16 (6) A semiautomatic shotgun that has at least one (1) of the
21202120 17 following:
21212121 18 (A) A folding, telescoping, or detachable stock.
21222122 19 (B) A pistol grip.
21232123 20 (C) A fixed magazine with the capacity to accept more than
21242124 21 five (5) rounds.
21252125 22 (D) The ability to accept a detachable magazine.
21262126 23 (E) A forward grip.
21272127 24 (F) A grenade launcher.
21282128 25 (7) A shotgun with a revolving cylinder.
21292129 26 (8) A belt fed semiautomatic firearm.
21302130 27 (9) Any combination of parts from which a firearm described
21312131 28 in subdivisions (1) through (8) can be assembled.
21322132 29 Sec. 11. As used in this chapter, "semiautomatic pistol" means
21332133 30 a repeating pistol that:
21342134 31 (1) uses a portion of the energy of a firing cartridge to:
21352135 32 (A) extract the fired cartridge case; and
21362136 33 (B) chamber the next round; and
21372137 34 (2) requires a separate pull of the trigger to fire each
21382138 35 cartridge.
21392139 36 Sec. 12. As used in this chapter, "semiautomatic rifle" means a
21402140 37 repeating rifle that:
21412141 38 (1) uses a portion of the energy of a firing cartridge to:
21422142 39 (A) extract the fired cartridge case; and
21432143 40 (B) chamber the next round; and
21442144 41 (2) requires a separate pull of the trigger to fire each
21452145 42 cartridge.
21462146 2023 IN 429—LS 7359/DI 144 50
21472147 1 Sec. 13. As used in this chapter, "semiautomatic shotgun"
21482148 2 means a repeating shotgun that:
21492149 3 (1) uses a portion of the energy of a firing cartridge to:
21502150 4 (A) extract the fired cartridge case; and
21512151 5 (B) chamber the next round; and
21522152 6 (2) requires a separate pull of the trigger to fire each
21532153 7 cartridge.
21542154 8 Sec. 14. As used in this chapter, "threaded barrel" means a
21552155 9 feature or characteristic that is designed to allow for the
21562156 10 attachment of a device such as a firearm silencer or a flash
21572157 11 suppressor.
21582158 12 Sec. 15. A licensed importer, licensed manufacturer, licensed
21592159 13 dealer, or licensed collector may not sell or deliver a semiautomatic
21602160 14 assault weapon.
21612161 15 SECTION 74. IC 35-47-11.1-4, AS AMENDED BY P.L.175-2022,
21622162 16 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21632163 17 JULY 1, 2023]: Sec. 4. This chapter may not be construed to prevent
21642164 18 any of the following:
21652165 19 (1) A law enforcement agency of a political subdivision from
21662166 20 enacting and enforcing regulations pertaining to firearms,
21672167 21 ammunition, or firearm accessories issued to or used by law
21682168 22 enforcement officers in the course of their official duties.
21692169 23 (2) Subject to IC 34-28-7-2, an employer from regulating or
21702170 24 prohibiting the employees of the employer from carrying firearms
21712171 25 and ammunition in the course of the employee's official duties.
21722172 26 (3) A court or administrative law judge from hearing and
21732173 27 resolving any case or controversy or issuing any opinion or order
21742174 28 on a matter within the jurisdiction of the court or judge.
21752175 29 (4) The enactment or enforcement of generally applicable zoning
21762176 30 or business ordinances that apply to firearms businesses to the
21772177 31 same degree as other similar businesses. However, a provision of
21782178 32 an ordinance that is designed or enforced to effectively restrict or
21792179 33 prohibit the sale, purchase, transfer, manufacture, or display of
21802180 34 firearms, ammunition, or firearm accessories that is otherwise
21812181 35 lawful under the laws of this state is void. A unit (as defined in
21822182 36 IC 36-1-2-23) may not use the unit's planning and zoning powers
21832183 37 under IC 36-7-4 to prohibit the sale of firearms within a
21842184 38 prescribed distance of any other type of commercial property or
21852185 39 of school property or other educational property.
21862186 40 (5) Subject to IC 35-47-16-1, the enactment or enforcement of a
21872187 41 provision prohibiting or restricting the possession of a firearm in
21882188 42 any building that contains the courtroom of a circuit, superior,
21892189 2023 IN 429—LS 7359/DI 144 51
21902190 1 city, town, or small claims court. However, if a portion of the
21912191 2 building is occupied by a residential tenant or private business,
21922192 3 any provision restricting or prohibiting the possession of a firearm
21932193 4 does not apply to the portion of the building that is occupied by
21942194 5 the residential tenant or private business, or to common areas of
21952195 6 the building used by a residential tenant or private business.
21962196 7 (6) The enactment or enforcement of a provision prohibiting or
21972197 8 restricting the intentional display of a firearm at a public meeting.
21982198 9 (7) The enactment or enforcement of a provision prohibiting or
21992199 10 restricting the possession of a firearm in a public hospital
22002200 11 corporation that contains a secure correctional health unit that is
22012201 12 staffed by a law enforcement officer twenty-four (24) hours a day.
22022202 13 (8) The imposition of any restriction or condition placed on a
22032203 14 person participating in:
22042204 15 (A) a community corrections program (IC 11-12-1);
22052205 16 (B) a forensic diversion program (IC 11-12-3.7); or
22062206 17 (C) a pretrial diversion program (IC 33-39-1).
22072207 18 (9) The enforcement or prosecution of the offense of criminal
22082208 19 recklessness (IC 35-42-2-2) involving the use of a firearm.
22092209 20 (10) For an event occurring on property leased from a political
22102210 21 subdivision or municipal corporation by the promoter or organizer
22112211 22 of the event:
22122212 23 (A) the establishment, by the promoter or organizer, at the
22132213 24 promoter's or organizer's own discretion, of rules of conduct or
22142214 25 admission upon which attendance at or participation in the
22152215 26 event is conditioned; or
22162216 27 (B) the implementation or enforcement of the rules of conduct
22172217 28 or admission described in clause (A) by a political subdivision
22182218 29 or municipal corporation in connection with the event.
22192219 30 (11) The enactment or enforcement of a provision prohibiting or
22202220 31 restricting the possession of a firearm in a hospital established
22212221 32 and operated under IC 16-22-2 or IC 16-23.
22222222 33 (12) A unit from using the unit's planning and zoning powers
22232223 34 under IC 36-7-4 to prohibit the sale of firearms within two
22242224 35 hundred (200) feet of a school by a person having a business that
22252225 36 did not sell firearms within two hundred (200) feet of a school
22262226 37 before April 1, 1994.
22272227 38 (13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23)
22282228 39 from enacting or enforcing a provision prohibiting or restricting
22292229 40 the possession of a firearm in a building owned or administered
22302230 41 by the unit if:
22312231 42 (A) metal detection devices are located at each public entrance
22322232 2023 IN 429—LS 7359/DI 144 52
22332233 1 to the building;
22342234 2 (B) each public entrance to the building is staffed by at least
22352235 3 one (1) law enforcement officer:
22362236 4 (i) who has been adequately trained to conduct inspections
22372237 5 of persons entering the building by use of metal detection
22382238 6 devices and proper physical pat down searches; and
22392239 7 (ii) when the building is open to the public; and
22402240 8 (C) each:
22412241 9 (i) individual who enters the building through the public
22422242 10 entrance when the building is open to the public; and
22432243 11 (ii) bag, package, and other container carried by the
22442244 12 individual;
22452245 13 is inspected by a law enforcement officer described in clause
22462246 14 (B).
22472247 15 However, except as provided in subdivision (5) concerning a
22482248 16 building that contains a courtroom, a unit may not prohibit or
22492249 17 restrict the possession of a handgun under this subdivision in a
22502250 18 building owned or administered by the unit if the person who
22512251 19 possesses the handgun is not otherwise prohibited from carrying
22522252 20 or possessing a handgun. has been issued a valid license to
22532253 21 carry the handgun under IC 35-47-2.
22542254 22 SECTION 75. IC 35-50-2-13, AS AMENDED BY P.L.175-2022,
22552255 23 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22562256 24 JULY 1, 2023]: Sec. 13. (a) The state may seek, on a page separate
22572257 25 from the rest of a charging instrument, to have a person who allegedly
22582258 26 committed an offense of dealing in a controlled substance under
22592259 27 IC 35-48-4-1 through IC 35-48-4-4 sentenced to an additional fixed
22602260 28 term of imprisonment if the state can show beyond a reasonable doubt
22612261 29 that the person knowingly or intentionally:
22622262 30 (1) used a firearm; or
22632263 31 (2) possessed a:
22642264 32 (A) handgun in violation of IC 35-47-2-1.5; IC 35-47-2-1;
22652265 33 (B) sawed-off shotgun in violation of federal law; or
22662266 34 (C) machine gun in violation of IC 35-47-5-8;
22672267 35 while committing the offense.
22682268 36 (b) If the person was convicted of the offense in a jury trial, the jury
22692269 37 shall reconvene to hear evidence in the enhancement hearing. If the
22702270 38 trial was to the court, or the judgment was entered on a guilty plea, the
22712271 39 court alone shall hear evidence in the enhancement hearing.
22722272 40 (c) If the jury (if the hearing is by jury) or the court (if the hearing
22732273 41 is to the court alone) finds that the state has proved beyond a
22742274 42 reasonable doubt that the person knowingly or intentionally committed
22752275 2023 IN 429—LS 7359/DI 144 53
22762276 1 an offense as described in subsection (a), the court may sentence the
22772277 2 person to an additional fixed term of imprisonment of not more than
22782278 3 five (5) years, except as follows:
22792279 4 (1) If the firearm is a sawed-off shotgun, the court may sentence
22802280 5 the person to an additional fixed term of imprisonment of not
22812281 6 more than ten (10) years.
22822282 7 (2) If the firearm is a machine gun or is equipped with a firearm
22832283 8 silencer or firearm muffler, the court may sentence the person to
22842284 9 an additional fixed term of imprisonment of not more than twenty
22852285 10 (20) years. The additional sentence under this subdivision is in
22862286 11 addition to any additional sentence imposed under section 11 of
22872287 12 this chapter for use of a firearm in the commission of an offense.
22882288 2023 IN 429—LS 7359/DI 144