1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1044 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 35-31.5-2-187.5; IC 35-47. |
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7 | 7 | | Synopsis: Minimum age to purchase firearms. Makes it a Level 5 |
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8 | 8 | | felony for a: (1) licensed importer, licensed manufacturer, licensed |
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9 | 9 | | dealer, or licensed collector (licensee); or (2) person who is not a |
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10 | 10 | | licensee (private seller); to knowingly or intentionally sell, trade, give, |
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11 | 11 | | transport, deliver, or otherwise transfer a firearm to a person whom the |
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12 | 12 | | licensee or private seller knows is less than 21 years of age. Specifies |
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13 | 13 | | exceptions that apply to a private seller. Requires a court to impose |
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14 | 14 | | consecutive sentences upon a private seller who is convicted of certain |
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15 | 15 | | offenses. |
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16 | 16 | | Effective: July 1, 2024. |
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17 | 17 | | Errington |
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18 | 18 | | January 8, 2024, read first time and referred to Committee on Public Policy. |
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19 | 19 | | 2024 IN 1044—LS 6306/DI 144 Introduced |
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20 | 20 | | Second Regular Session of the 123rd General Assembly (2024) |
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21 | 21 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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22 | 22 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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23 | 23 | | additions will appear in this style type, and deletions will appear in this style type. |
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24 | 24 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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25 | 25 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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26 | 26 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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27 | 27 | | a new provision to the Indiana Code or the Indiana Constitution. |
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28 | 28 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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29 | 29 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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30 | 30 | | HOUSE BILL No. 1044 |
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31 | 31 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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32 | 32 | | criminal law and procedure. |
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33 | 33 | | Be it enacted by the General Assembly of the State of Indiana: |
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34 | 34 | | 1 SECTION 1. IC 35-31.5-2-187.5 IS ADDED TO THE INDIANA |
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35 | 35 | | 2 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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36 | 36 | | 3 [EFFECTIVE JULY 1, 2024]: Sec. 187.5. "Licensed importer, |
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37 | 37 | | 4 licensed manufacturer, licensed dealer, or licensed collector", for |
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38 | 38 | | 5 purposes of IC 35-47-4-10 and IC 35-47-4-11, has the meaning set |
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39 | 39 | | 6 forth in IC 35-47-4-11(a). |
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40 | 40 | | 7 SECTION 2. IC 35-47-1-6.5 IS ADDED TO THE INDIANA CODE |
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41 | 41 | | 8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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42 | 42 | | 9 1, 2024]: Sec. 6.5. "Licensed importer, licensed manufacturer, |
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43 | 43 | | 10 licensed dealer, or licensed collector", for purposes of |
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44 | 44 | | 11 IC 35-47-4-10 and IC 35-47-4-11, has the meaning set forth in |
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45 | 45 | | 12 IC 35-47-4-11(a). |
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46 | 46 | | 13 SECTION 3. IC 35-47-4-10 IS ADDED TO THE INDIANA CODE |
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47 | 47 | | 14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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48 | 48 | | 15 1, 2024]: Sec. 10. Except an individual acting within a parent-minor |
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49 | 49 | | 16 child or guardian-minor protected person relationship or any other |
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50 | 50 | | 17 individual who is also acting in compliance with IC 35-47-10 |
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51 | 51 | | 2024 IN 1044—LS 6306/DI 144 2 |
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52 | 52 | | 1 (governing children and firearms) and federal law, a person who: |
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53 | 53 | | 2 (1) is not a licensed importer, licensed manufacturer, licensed |
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54 | 54 | | 3 dealer, or licensed collector (as defined in section 11(a) of this |
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55 | 55 | | 4 chapter); and |
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56 | 56 | | 5 (2) knowingly or intentionally sells, trades, gives, transports, |
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57 | 57 | | 6 delivers, or otherwise transfers a firearm to a person whom |
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58 | 58 | | 7 the transferor knows is less than twenty-one (21) years of age; |
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59 | 59 | | 8 commits unauthorized private transfer of a firearm, a Level 5 |
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60 | 60 | | 9 felony. |
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61 | 61 | | 10 SECTION 4. IC 35-47-4-11 IS ADDED TO THE INDIANA CODE |
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62 | 62 | | 11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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63 | 63 | | 12 1, 2024]: Sec. 11. (a) As used in this section, "licensed importer, |
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64 | 64 | | 13 licensed manufacturer, licensed dealer, or licensed collector" has |
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65 | 65 | | 14 the meaning set forth in 18 U.S.C. 921(a) corresponding to each |
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66 | 66 | | 15 term, as applicable. |
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67 | 67 | | 16 (b) A licensed importer, licensed manufacturer, licensed dealer, |
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68 | 68 | | 17 or licensed collector who knowingly or intentionally sells, trades, |
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69 | 69 | | 18 gives, transports, delivers, or otherwise transfers a firearm to a |
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70 | 70 | | 19 person whom the licensed importer, licensed manufacturer, |
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71 | 71 | | 20 licensed dealer, or licensed collector knows is less than twenty-one |
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72 | 72 | | 21 (21) years of age commits unauthorized transfer of a firearm by a |
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73 | 73 | | 22 licensee, a Level 5 felony. |
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74 | 74 | | 23 SECTION 5. IC 35-47-10-9 IS AMENDED TO READ AS |
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75 | 75 | | 24 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. A court shall impose |
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76 | 76 | | 25 consecutive sentences upon a person who has a conviction under this |
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77 | 77 | | 26 chapter and a conviction under: |
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78 | 78 | | 27 (1) IC 35-47-2-7; or |
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79 | 79 | | 28 (2) IC 35-47-4-10. |
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80 | 80 | | 2024 IN 1044—LS 6306/DI 144 |
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