Indiana 2024 Regular Session

Indiana House Bill HB1143 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1143.1
	2	+	February 21, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1143
	5	+	_____
	6	+	DIGEST OF HB 1143 (Updated February 20, 2024 3:11 pm - DI 140)
	7	+	Citations Affected: IC 35-47.
	8	+	Synopsis: Disposal of firearms via trade for new equipment. Permits
	9	+	a law enforcement agency to dispose of certain confiscated firearms by
	10	+	trade with a licensed firearms dealer, a licensed firearm manufacturer,
	11	+	or another law enforcement agency in exchange for new firearms and
	12	+	other law enforcement equipment. Sets forth the recording and
	13	+	reporting requirements for the trade of firearms by a law enforcement
	14	+	agency.
	15	+	Effective: July 1, 2024.
	16	+	Lucas, Bartels, Jeter, Torr
	17	+	(SENATE SPONSORS — KOCH, FREEMA N, BALDWIN, BOHACEK)
	18	+	January 8, 2024, read first time and referred to Committee on Veterans Affairs and Public
	19	+	Safety.
	20	+	January 29, 2024, reported — Do Pass.
	21	+	January 31, 2024, read second time, ordered engrossed. Engrossed.
	22	+	February 5, 2024, read third time, passed. Yeas 83, nays 14.
	23	+	SENATE ACTION
	24	+	February 12, 2024, read first time and referred to Committee on Corrections and Criminal
	25	+	Law.
	26	+	February 20, 2024, reported favorably — Do Pass.
	27	+	EH 1143—LS 6238/DI 150 February 21, 2024
1	28		Second Regular Session of the 123rd General Assembly (2024)
2	29		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	30		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	31		additions will appear in this style type, and deletions will appear in this style type.
5	32		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	33		provision adopted), the text of the new provision will appear in this style type. Also, the
7	34		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	35		a new provision to the Indiana Code or the Indiana Constitution.
9	36		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	37		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1143
12		-	AN ACT to amend the Indiana Code concerning criminal law and
13		-	procedure.
	38	+	ENGROSSED
	39	+	HOUSE BILL No. 1143
	40	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	41	+	criminal law and procedure.
14	42		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 35-47-3-2, AS AMENDED BY P.L.101-2017,
16		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2024]: Sec. 2. (a) This section applies only to firearms which
18		-	are not required to be registered in the National Firearms Registration
19		-	and Transfer Record.
20		-	(b) Firearms shall be returned to the rightful owner at once
21		-	following final disposition of the cause if a return has not already
22		-	occurred under the terms of IC 35-33-5. If the rightful ownership is not
23		-	known the law enforcement agency holding the firearm shall make a
24		-	reasonable attempt to ascertain the rightful ownership and cause the
25		-	return of the firearm. However, nothing in this chapter shall be
26		-	construed as requiring the return of firearms to rightful owners who
27		-	have been convicted for the misuse of firearms. In such cases, the court
28		-	may provide for the return of the firearm in question or order that the
29		-	firearm be at once delivered:
30		-	(1) except as provided in subdivision (2), to the sheriff's
31		-	department of the county in which the offense occurred; or
32		-	(2) to the law enforcement agency that confiscated the firearm.
33		-	(c) If at least one hundred eighty (180) days have elapsed since the
34		-	sheriff's department or law enforcement agency received the firearm,
35		-	and:
36		-	HEA 1143 2
37		-	(1) all reasonable attempts to locate the rightful owner of the
38		-	firearm have failed; or
39		-	(2) the rightful owner has been convicted of an offense related to
40		-	the misuse of a firearm;
41		-	the sheriff's department or law enforcement agency shall dispose of the
42		-	firearm as described in subsection (d).
43		-	(d) Subject to subsection (c), the receiving law enforcement agency
44		-	shall dispose of firearms under subsection (b), at the discretion of the
45		-	law enforcement agency, by use of any of the following procedures:
46		-	(1) Public sale of the firearms to the general public as follows:
47		-	(A) Notice of the sale shall be:
48		-	(i) posted for ten (10) days in the county courthouse in a
49		-	place readily accessible to the general public; and
50		-	(ii) advertised in the principal newspaper of the county for
51		-	two (2) days in an advertisement that appears in the
52		-	newspaper at least five (5) days prior to the sale.
53		-	(B) Disposition of the firearm shall be by public auction in a
54		-	place convenient to the general public, with disposition going
55		-	to the highest bidder. However, no firearm shall be transferred
56		-	to any bidder if that bidder is not lawfully eligible to receive
57		-	and possess firearms according to the laws of the United States
58		-	and Indiana.
59		-	(C) All handguns transferred under this subdivision shall also
60		-	be transferred according to the transfer procedures set forth in
61		-	this article.
62		-	(D) Money collected pursuant to the sales shall first be used to
63		-	defray the necessary costs of administering this subdivision
64		-	with any surplus to be:
65		-	(i) deposited into the receiving law enforcement agency's
66		-	firearms training fund, other appropriate training activities
67		-	fund, or any other fund that may be used by the receiving
68		-	law enforcement agency for the purchase and maintenance
69		-	of firearms, ammunition, vests, and other law enforcement
70		-	equipment; and
71		-	(ii) used by the agency exclusively to train law enforcement
72		-	officers in the proper use of firearms or other law
73		-	enforcement duties, and to purchase and maintain firearms,
74		-	ammunition, vests, and other law enforcement equipment.
75		-	A law enforcement agency may not sell a firearm to the general
76		-	public if the firearm is unsafe to operate because it has been
77		-	damaged or altered.
78		-	(2) Sale of the firearms to a licensed firearms dealer as follows:
79		-	HEA 1143 3
80		-	(A) Notice of the sale must be:
81		-	(i) posted for ten (10) days in the county courthouse in a
82		-	place readily accessible to the general public; and
83		-	(ii) advertised in the principal newspaper of the county for
84		-	two (2) days in an advertisement that appears in the
85		-	newspaper at least five (5) days before the sale.
86		-	(B) Disposition of the firearm shall be by auction with
87		-	disposition going to the highest bidder who is a licensed
88		-	firearms dealer.
89		-	(C) Money collected from the sales shall first be used to defray
90		-	the necessary costs of administering this subdivision and any
91		-	surplus shall be:
92		-	(i) deposited into the receiving law enforcement agency's
93		-	firearms training fund, other appropriate training activities
94		-	fund, or any other fund that may be used by the receiving
95		-	law enforcement agency for the purchase and maintenance
96		-	of firearms, ammunition, vests, and other law enforcement
97		-	equipment; and
98		-	(ii) used by the agency exclusively to train law enforcement
99		-	officers in the proper use of firearms or other law
100		-	enforcement duties, and to purchase and maintain firearms,
101		-	ammunition, vests, and other law enforcement equipment.
102		-	A law enforcement agency may sell a firearm to a licensed
103		-	firearms dealer for salvage or repair, even if the firearm is unsafe
104		-	to operate because it has been damaged or altered.
105		-	(3) Sale or transfer of the firearms to another law enforcement
106		-	agency.
107		-	(4) Release to the state police department laboratory or other
108		-	forensic laboratory administered by the state or a political
109		-	subdivision (as defined in IC 36-1-2-13) for the purposes of
110		-	research, training, and comparison in conjunction with the
111		-	forensic examination of firearms evidence.
112		-	(5) Destruction of the firearms. A firearm that is to be destroyed
113		-	may be sold to a salvage company and destroyed by dismantling
114		-	the firearm for parts, scrap metal, or recycling, or for resale as
115		-	parts for other firearms.
116		-	(6) Trade with:
117		-	(A) a licensed firearms dealer;
118		-	(B) a licensed firearm manufacturer; or
119		-	(C) another law enforcement agency;
120		-	in exchange for new firearms, ammunition, vests, and other
121		-	law enforcement equipment for use by the law enforcement
122		-	HEA 1143 4
123		-	agency.
124		-	(e) A receiving law enforcement agency may, at its discretion,
125		-	jointly sell firearms it has received with another law enforcement
126		-	agency, or permit another law enforcement agency to sell firearms it
127		-	has received on behalf of the receiving law enforcement agency. In any
128		-	event, all confiscated firearms shall be disposed of as promptly as
129		-	possible.
130		-	(f) When a firearm is delivered to the state police department
131		-	laboratory or other forensic laboratory under subsection (d)(4) and the
132		-	state police department laboratory or other forensic laboratory
133		-	determines the laboratory has no further need for the firearm in
134		-	question, the laboratory shall return the firearm to the law enforcement
135		-	agency for disposal under subsection (d).
136		-	(g) A law enforcement agency that disposes of a firearm under
137		-	subsection (d)(6) shall maintain a record of each exchange made,
138		-	including identification of the:
139		-	(1) firearm that was exchanged;
140		-	(2) person with whom the exchange was made; and
141		-	(3) law enforcement equipment for which the firearm was
142		-	exchanged.
143		-	(h) A law enforcement agency's record of a firearm trade is a
144		-	public record subject to IC 5-14-3.
145		-	HEA 1143 Speaker of the House of Representatives
146		-	President of the Senate
147		-	President Pro Tempore
148		-	Governor of the State of Indiana
149		-	Date: Time:
150		-	HEA 1143
	43	+	1 SECTION 1. IC 35-47-3-2, AS AMENDED BY P.L.101-2017,
	44	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	45	+	3 JULY 1, 2024]: Sec. 2. (a) This section applies only to firearms which
	46	+	4 are not required to be registered in the National Firearms Registration
	47	+	5 and Transfer Record.
	48	+	6 (b) Firearms shall be returned to the rightful owner at once
	49	+	7 following final disposition of the cause if a return has not already
	50	+	8 occurred under the terms of IC 35-33-5. If the rightful ownership is not
	51	+	9 known the law enforcement agency holding the firearm shall make a
	52	+	10 reasonable attempt to ascertain the rightful ownership and cause the
	53	+	11 return of the firearm. However, nothing in this chapter shall be
	54	+	12 construed as requiring the return of firearms to rightful owners who
	55	+	13 have been convicted for the misuse of firearms. In such cases, the court
	56	+	14 may provide for the return of the firearm in question or order that the
	57	+	15 firearm be at once delivered:
	58	+	16 (1) except as provided in subdivision (2), to the sheriff's
	59	+	17 department of the county in which the offense occurred; or
	60	+	EH 1143—LS 6238/DI 150 2
	61	+	1 (2) to the law enforcement agency that confiscated the firearm.
	62	+	2 (c) If at least one hundred eighty (180) days have elapsed since the
	63	+	3 sheriff's department or law enforcement agency received the firearm,
	64	+	4 and:
	65	+	5 (1) all reasonable attempts to locate the rightful owner of the
	66	+	6 firearm have failed; or
	67	+	7 (2) the rightful owner has been convicted of an offense related to
	68	+	8 the misuse of a firearm;
	69	+	9 the sheriff's department or law enforcement agency shall dispose of the
	70	+	10 firearm as described in subsection (d).
	71	+	11 (d) Subject to subsection (c), the receiving law enforcement agency
	72	+	12 shall dispose of firearms under subsection (b), at the discretion of the
	73	+	13 law enforcement agency, by use of any of the following procedures:
	74	+	14 (1) Public sale of the firearms to the general public as follows:
	75	+	15 (A) Notice of the sale shall be:
	76	+	16 (i) posted for ten (10) days in the county courthouse in a
	77	+	17 place readily accessible to the general public; and
	78	+	18 (ii) advertised in the principal newspaper of the county for
	79	+	19 two (2) days in an advertisement that appears in the
	80	+	20 newspaper at least five (5) days prior to the sale.
	81	+	21 (B) Disposition of the firearm shall be by public auction in a
	82	+	22 place convenient to the general public, with disposition going
	83	+	23 to the highest bidder. However, no firearm shall be transferred
	84	+	24 to any bidder if that bidder is not lawfully eligible to receive
	85	+	25 and possess firearms according to the laws of the United States
	86	+	26 and Indiana.
	87	+	27 (C) All handguns transferred under this subdivision shall also
	88	+	28 be transferred according to the transfer procedures set forth in
	89	+	29 this article.
	90	+	30 (D) Money collected pursuant to the sales shall first be used to
	91	+	31 defray the necessary costs of administering this subdivision
	92	+	32 with any surplus to be:
	93	+	33 (i) deposited into the receiving law enforcement agency's
	94	+	34 firearms training fund, other appropriate training activities
	95	+	35 fund, or any other fund that may be used by the receiving
	96	+	36 law enforcement agency for the purchase and maintenance
	97	+	37 of firearms, ammunition, vests, and other law enforcement
	98	+	38 equipment; and
	99	+	39 (ii) used by the agency exclusively to train law enforcement
	100	+	40 officers in the proper use of firearms or other law
	101	+	41 enforcement duties, and to purchase and maintain firearms,
	102	+	42 ammunition, vests, and other law enforcement equipment.
	103	+	EH 1143—LS 6238/DI 150 3
	104	+	1 A law enforcement agency may not sell a firearm to the general
	105	+	2 public if the firearm is unsafe to operate because it has been
	106	+	3 damaged or altered.
	107	+	4 (2) Sale of the firearms to a licensed firearms dealer as follows:
	108	+	5 (A) Notice of the sale must be:
	109	+	6 (i) posted for ten (10) days in the county courthouse in a
	110	+	7 place readily accessible to the general public; and
	111	+	8 (ii) advertised in the principal newspaper of the county for
	112	+	9 two (2) days in an advertisement that appears in the
	113	+	10 newspaper at least five (5) days before the sale.
	114	+	11 (B) Disposition of the firearm shall be by auction with
	115	+	12 disposition going to the highest bidder who is a licensed
	116	+	13 firearms dealer.
	117	+	14 (C) Money collected from the sales shall first be used to defray
	118	+	15 the necessary costs of administering this subdivision and any
	119	+	16 surplus shall be:
	120	+	17 (i) deposited into the receiving law enforcement agency's
	121	+	18 firearms training fund, other appropriate training activities
	122	+	19 fund, or any other fund that may be used by the receiving
	123	+	20 law enforcement agency for the purchase and maintenance
	124	+	21 of firearms, ammunition, vests, and other law enforcement
	125	+	22 equipment; and
	126	+	23 (ii) used by the agency exclusively to train law enforcement
	127	+	24 officers in the proper use of firearms or other law
	128	+	25 enforcement duties, and to purchase and maintain firearms,
	129	+	26 ammunition, vests, and other law enforcement equipment.
	130	+	27 A law enforcement agency may sell a firearm to a licensed
	131	+	28 firearms dealer for salvage or repair, even if the firearm is unsafe
	132	+	29 to operate because it has been damaged or altered.
	133	+	30 (3) Sale or transfer of the firearms to another law enforcement
	134	+	31 agency.
	135	+	32 (4) Release to the state police department laboratory or other
	136	+	33 forensic laboratory administered by the state or a political
	137	+	34 subdivision (as defined in IC 36-1-2-13) for the purposes of
	138	+	35 research, training, and comparison in conjunction with the
	139	+	36 forensic examination of firearms evidence.
	140	+	37 (5) Destruction of the firearms. A firearm that is to be destroyed
	141	+	38 may be sold to a salvage company and destroyed by dismantling
	142	+	39 the firearm for parts, scrap metal, or recycling, or for resale as
	143	+	40 parts for other firearms.
	144	+	41 (6) Trade with:
	145	+	42 (A) a licensed firearms dealer;
	146	+	EH 1143—LS 6238/DI 150 4
	147	+	1 (B) a licensed firearm manufacturer; or
	148	+	2 (C) another law enforcement agency;
	149	+	3 in exchange for new firearms, ammunition, vests, and other
	150	+	4 law enforcement equipment for use by the law enforcement
	151	+	5 agency.
	152	+	6 (e) A receiving law enforcement agency may, at its discretion,
	153	+	7 jointly sell firearms it has received with another law enforcement
	154	+	8 agency, or permit another law enforcement agency to sell firearms it
	155	+	9 has received on behalf of the receiving law enforcement agency. In any
	156	+	10 event, all confiscated firearms shall be disposed of as promptly as
	157	+	11 possible.
	158	+	12 (f) When a firearm is delivered to the state police department
	159	+	13 laboratory or other forensic laboratory under subsection (d)(4) and the
	160	+	14 state police department laboratory or other forensic laboratory
	161	+	15 determines the laboratory has no further need for the firearm in
	162	+	16 question, the laboratory shall return the firearm to the law enforcement
	163	+	17 agency for disposal under subsection (d).
	164	+	18 (g) A law enforcement agency that disposes of a firearm under
	165	+	19 subsection (d)(6) shall maintain a record of each exchange made,
	166	+	20 including identification of the:
	167	+	21 (1) firearm that was exchanged;
	168	+	22 (2) person with whom the exchange was made; and
	169	+	23 (3) law enforcement equipment for which the firearm was
	170	+	24 exchanged.
	171	+	25 (h) A law enforcement agency's record of a firearm trade is a
	172	+	26 public record subject to IC 5-14-3.
	173	+	EH 1143—LS 6238/DI 150 5
	174	+	COMMITTEE REPORT
	175	+	Mr. Speaker: Your Committee on Veterans Affairs and Public
	176	+	Safety, to which was referred House Bill 1143, has had the same under
	177	+	consideration and begs leave to report the same back to the House with
	178	+	the recommendation that said bill do pass.
	179	+	(Reference is to HB 1143 as introduced.)
	180	+	BARTELS
	181	+	Committee Vote: Yeas 11, Nays 0
	182	+	_____
	183	+	COMMITTEE REPORT
	184	+	Madam President: The Senate Committee on Corrections and
	185	+	Criminal Law, to which was referred House Bill No. 1143, has had the
	186	+	same under consideration and begs leave to report the same back to the
	187	+	Senate with the recommendation that said bill DO PASS.
	188	+	(Reference is to HB 1143 as printed January 29, 2024.)
	189	+
	190	+	FREEMAN, Chairperson
	191	+	Committee Vote: Yeas 6, Nays 2
	192	+	EH 1143—LS 6238/DI 150