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.
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1235
AN ACT to amend the Indiana Code concerning civil procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 34-6-2-110, AS AMENDED BY P.L.2-2007,
SECTION 371, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 110. "Political subdivision", for
purposes of IC 34-12-3.5 and IC 34-13-3, means a:
(1) county;
(2) township;
(3) city;
(4) town;
(5) separate municipal corporation;
(6) special taxing district;
(7) state educational institution;
(8) city or county hospital;
(9) school corporation;
(10) board or commission of one (1) of the entities listed in
subdivisions (1) through (9);
(11) drug enforcement task force operated jointly by political
subdivisions;
(12) community correctional service program organized under
IC 12-12-1; or
(13) solid waste management district established under IC 13-21
or IC 13-9.5-2 (before its repeal).
SECTION 2. IC 34-12-3.5 IS ADDED TO THE INDIANA CODE
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AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 3.5. Legal Actions by a Political Subdivision Against a
Firearm or Ammunition Manufacturer, Trade Association, Seller,
or Dealer
Sec. 1. This chapter applies to an action or suit filed by a
political subdivision before, after, or on August 27, 1999.
Sec. 2. The following definitions apply throughout this chapter:
(1) "Ammunition" has the meaning set forth in
IC 35-47-1-2.5.
(2) "Firearm" has the meaning set forth in 18 U.S.C.
921(a)(3).
(3) "Political subdivision" has the meaning set forth in
IC 34-6-2-110.
(4) "Trade association" means a corporation, unincorporated
association, federation, business league, professional
organization, or business organization that meets all of the
following requirements:
(A) The entity is not organized or operated for profit.
(B) No part of the net earnings of the entity inures to the
benefit of a private shareholder or individual.
(C) The entity is an organization:
(i) described in 26 U.S.C. 501(c)(6); and
(ii) exempt from taxation under 26 U.S.C. 501(a).
(D) Two (2) or more members of the entity are
manufacturers or dealers in firearms or ammunition.
Sec. 3. (a) Notwithstanding IC 34-12-3 or any other law, only the
state of Indiana may bring or maintain an action by or on behalf
of a political subdivision against a firearm or ammunition
manufacturer, trade association, seller, or dealer, concerning the:
(1) design;
(2) manufacture;
(3) import;
(4) export;
(5) distribution;
(6) advertising;
(7) marketing;
(8) sale; or
(9) criminal, unlawful, or unintentional use;
of a firearm, ammunition, or a component part of a firearm or
ammunition.
(b) Except as provided in subsection (c), notwithstanding
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IC 34-12-3 or any other law, a political subdivision may not
independently bring or maintain an action described in subsection
(a).
(c) This section does not prohibit a political subdivision from
bringing an action against a firearm or ammunition manufacturer,
seller, or dealer:
(1) alleging the breach of a contract or warranty as it relates
to a firearm or ammunition purchased by the political
subdivision; or
(2) to enforce a generally applicable zoning or business
ordinance that applies to a firearm or ammunition
manufacturer, seller, or dealer to the same degree as other
similar businesses.
SECTION 3. An emergency is declared for this act.
HEA 1235 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1235 — Concur