Indiana 2024 Regular Session

Indiana House Bill HB1044 Latest Draft

Bill / Introduced Version Filed 01/04/2024

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