Indiana 2024 Regular Session

Indiana Senate Bill SB0095 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 95
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-47-11.1-4.
7	7	Synopsis: Local regulation of firearms. Specifies that certain
8	8	restrictions on the local regulation of firearms, ammunition, and
9	9	firearm accessories may not be construed to prevent a county,
10	10	municipality, or township (unit) from regulating firearms, ammunition,
11	11	or firearm accessories in a manner more restrictive than Indiana law if
12	12	the regulation is recommended by a law enforcement agency of the unit
13	13	and a local advocacy group that works to reduce gun violence in the
14	14	community. Indicates particular regulations that meet these parameters.
15	15	Provides that a regulation adopted by a unit must comply with the
16	16	Constitution of the United States and the Constitution of the State of
17	17	Indiana.
18	18	Effective: July 1, 2024.
19	19	Qaddoura
20	20	January 8, 2024, read first time and referred to Committee on Corrections and Criminal
21	21	Law.
22	22	2024 IN 95—LS 6178/DI 144 Introduced
23	23	Second Regular Session of the 123rd General Assembly (2024)
24	24	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
25	25	Constitution) is being amended, the text of the existing provision will appear in this style type,
26	26	additions will appear in this style type, and deletions will appear in this style type.
27	27	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
28	28	provision adopted), the text of the new provision will appear in this style type. Also, the
29	29	word NEW will appear in that style type in the introductory clause of each SECTION that adds
30	30	a new provision to the Indiana Code or the Indiana Constitution.
31	31	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
32	32	between statutes enacted by the 2023 Regular Session of the General Assembly.
33	33	SENATE BILL No. 95
34	34	A BILL FOR AN ACT to amend the Indiana Code concerning
35	35	criminal law and procedure.
36	36	Be it enacted by the General Assembly of the State of Indiana:
37	37	1 SECTION 1. IC 35-47-11.1-4, AS AMENDED BY P.L.175-2022,
38	38	2 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39	39	3 JULY 1, 2024]: Sec. 4. This chapter may not be construed to prevent
40	40	4 any of the following:
41	41	5 (1) A law enforcement agency of a political subdivision from
42	42	6 enacting and enforcing regulations pertaining to firearms,
43	43	7 ammunition, or firearm accessories issued to or used by law
44	44	8 enforcement officers in the course of their official duties.
45	45	9 (2) Subject to IC 34-28-7-2, an employer from regulating or
46	46	10 prohibiting the employees of the employer from carrying firearms
47	47	11 and ammunition in the course of the employee's official duties.
48	48	12 (3) A court or administrative law judge from hearing and
49	49	13 resolving any case or controversy or issuing any opinion or order
50	50	14 on a matter within the jurisdiction of the court or judge.
51	51	15 (4) The enactment or enforcement of generally applicable zoning
52	52	16 or business ordinances that apply to firearms businesses to the
53	53	17 same degree as other similar businesses. However, a provision of
54	54	2024 IN 95—LS 6178/DI 144 2
55	55	1 an ordinance that is designed or enforced to effectively restrict or
56	56	2 prohibit the sale, purchase, transfer, manufacture, or display of
57	57	3 firearms, ammunition, or firearm accessories that is otherwise
58	58	4 lawful under the laws of this state is void. A unit (as defined in
59	59	5 IC 36-1-2-23) may not use the unit's planning and zoning powers
60	60	6 under IC 36-7-4 to prohibit the sale of firearms within a
61	61	7 prescribed distance of any other type of commercial property or
62	62	8 of school property or other educational property.
63	63	9 (5) Subject to IC 35-47-16-1, the enactment or enforcement of a
64	64	10 provision prohibiting or restricting the possession of a firearm in
65	65	11 any building that contains the courtroom of a circuit, superior,
66	66	12 city, town, or small claims court. However, if a portion of the
67	67	13 building is occupied by a residential tenant or private business,
68	68	14 any provision restricting or prohibiting the possession of a firearm
69	69	15 does not apply to the portion of the building that is occupied by
70	70	16 the residential tenant or private business, or to common areas of
71	71	17 the building used by a residential tenant or private business.
72	72	18 (6) The enactment or enforcement of a provision prohibiting or
73	73	19 restricting the intentional display of a firearm at a public meeting.
74	74	20 (7) The enactment or enforcement of a provision prohibiting or
75	75	21 restricting the possession of a firearm in a public hospital
76	76	22 corporation that contains a secure correctional health unit that is
77	77	23 staffed by a law enforcement officer twenty-four (24) hours a day.
78	78	24 (8) The imposition of any restriction or condition placed on a
79	79	25 person participating in:
80	80	26 (A) a community corrections program (IC 11-12-1);
81	81	27 (B) a forensic diversion program (IC 11-12-3.7); or
82	82	28 (C) a pretrial diversion program (IC 33-39-1).
83	83	29 (9) The enforcement or prosecution of the offense of criminal
84	84	30 recklessness (IC 35-42-2-2) involving the use of a firearm.
85	85	31 (10) For an event occurring on property leased from a political
86	86	32 subdivision or municipal corporation by the promoter or organizer
87	87	33 of the event:
88	88	34 (A) the establishment, by the promoter or organizer, at the
89	89	35 promoter's or organizer's own discretion, of rules of conduct or
90	90	36 admission upon which attendance at or participation in the
91	91	37 event is conditioned; or
92	92	38 (B) the implementation or enforcement of the rules of conduct
93	93	39 or admission described in clause (A) by a political subdivision
94	94	40 or municipal corporation in connection with the event.
95	95	41 (11) The enactment or enforcement of a provision prohibiting or
96	96	42 restricting the possession of a firearm in a hospital established
97	97	2024 IN 95—LS 6178/DI 144 3
98	98	1 and operated under IC 16-22-2 or IC 16-23.
99	99	2 (12) A unit from using the unit's planning and zoning powers
100	100	3 under IC 36-7-4 to prohibit the sale of firearms within two
101	101	4 hundred (200) feet of a school by a person having a business that
102	102	5 did not sell firearms within two hundred (200) feet of a school
103	103	6 before April 1, 1994.
104	104	7 (13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23)
105	105	8 from enacting or enforcing a provision prohibiting or restricting
106	106	9 the possession of a firearm in a building owned or administered
107	107	10 by the unit if:
108	108	11 (A) metal detection devices are located at each public entrance
109	109	12 to the building;
110	110	13 (B) each public entrance to the building is staffed by at least
111	111	14 one (1) law enforcement officer:
112	112	15 (i) who has been adequately trained to conduct inspections
113	113	16 of persons entering the building by use of metal detection
114	114	17 devices and proper physical pat down searches; and
115	115	18 (ii) when the building is open to the public; and
116	116	19 (C) each:
117	117	20 (i) individual who enters the building through the public
118	118	21 entrance when the building is open to the public; and
119	119	22 (ii) bag, package, and other container carried by the
120	120	23 individual;
121	121	24 is inspected by a law enforcement officer described in clause
122	122	25 (B).
123	123	26 However, except as provided in subdivision (5) concerning a
124	124	27 building that contains a courtroom, a unit may not prohibit or
125	125	28 restrict the possession of a handgun under this subdivision in a
126	126	29 building owned or administered by the unit if the person who
127	127	30 possesses the handgun is not otherwise prohibited from carrying
128	128	31 or possessing a handgun.
129	129	32 (14) A unit (as defined in IC 36-1-2-23) from regulating
130	130	33 firearms, ammunition, or firearm accessories in a manner
131	131	34 more restrictive than Indiana law, if the regulation is
132	132	35 recommended by a law enforcement agency of the unit and a
133	133	36 local advocacy group that works to reduce gun violence in the
134	134	37 community. A regulation described by this subdivision may
135	135	38 include:
136	136	39 (A) requiring the safe storage of firearms;
137	137	40 (B) requiring a license to carry a handgun;
138	138	41 (C) expanding background checks for firearm purchases;
139	139	42 (D) prohibiting the purchase of an assault weapon;
140	140	2024 IN 95—LS 6178/DI 144 4
141	141	1 (E) raising the minimum age to purchase a firearm to
142	142	2 twenty-one (21) years of age; or
143	143	3 (F) strengthening laws concerning the seizure and
144	144	4 retention of a firearm from a dangerous person (red flag
145	145	5 laws).
146	146	6 However, a regulation adopted by a unit under this
147	147	7 subdivision must comply with the Constitution of the United
148	148	8 States and the Constitution of the State of Indiana.
149	149	2024 IN 95—LS 6178/DI 144