LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6359 NOTE PREPARED: Dec 15, 2023
BILL NUMBER: SB 144 BILL AMENDED:
SUBJECT: Firearms Matters.
FIRST AUTHOR: Sen. Young M BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. Direct File – It allows a juvenile who is at least 16 years of age to be charged in adult court for the
commission of certain offenses relating to the unlawful transfer of a firearm.
B. Possession of Firearm by Child – It permits a child to travel with a firearm to or from certain
activities where the child is permitted to possess the firearm only if the child is accompanied by the
child's parent or legal guardian, or by an adult who has been authorized to accompany the child by
the child's parent or legal guardian, as long as the parent, legal guardian, or authorized adult is
eligible to purchase or otherwise receive from a dealer a handgun.
C. Regulation and Restriction of Handguns – It prohibits a state entity or a political subdivision
(government entity) from regulating or restricting by administrative rule, ordinance, or policy the
ownership, possession, or carrying of a handgun on government property by an individual who both:
(1) holds a valid license to carry a handgun; and (2) is not prohibited from owning or possessing a
handgun under state or federal law (lawful individual). It prohibits a person who enters into a
contract with a government entity after June 30, 2024, from regulating or restricting the ownership,
possession, or carrying of a handgun on government property by a lawful individual. It specifies that
these prohibitions do not apply to, or affect the validity of, a: (1) contract or agreement that is
initially entered into before July 1, 2024, even if that contract is later amended or renewed; and (2)
statute, administrative rule, ordinance, or policy: (A) enacted by a government entity; and (B) in
effect on January 1, 2024.
D. Legislative Council – It urges the Legislative Council to assign to the Interim Study Committee on
Corrections and Criminal Code during the 2024 interim the task of creating a consolidated and
comprehensive list of the places at which the carrying of a firearm is prohibited under state or federal
law.
SB 144 1 Effective Date: July 1, 2024.
Explanation of State Expenditures: Regulation and Restriction of Handguns – This bill would affect the
rules regulating how handguns may be possessed and carried on the properties of state entities when rules
expire after January 1, 2024.
Legislative Council – If the Interim Study Committee on Corrections and Criminal Code were to hold
additional meetings to address this topic, there would be additional expenditures for legislator per diem and
travel reimbursement for the committee members. Any additional expenditures must be within the
committee’s budget, which is established by the Legislative Council.
Direct File – This provision could increase DOC’s adult offender population and reduce total operating costs
by a minor amount. The average cost to house a person in an adult facility was $28,110 and the average cost
to house a juvenile in a juvenile facility is $112,655.
Prosecutions have rarely been filed for this crime. OFMA found four cases between FY 2013 and 2017 where
juveniles were charged with one of these felonies. In addition, OFMA found, between FY 2014 and 2023,
33 cases for these offenses in adult filings. This is an average of about three per year.
Additional Information – The following table shows the felonies associated with these offenses.
Felony Offenses that will be Waived to Adult Court
Offense Felony Level
IC 35-47-2-7 (prohibited firearms transfers)
• sells, gives, or in any other manner transfers ownership or
possession of a machine gun
Level 5 felony Level 4 felony
1
• criminal transfer of a handgun Level 5 felonyLevel 3 felony
2
• straw purchase of a handgun Level 5 felonyLevel 3 felony
2
IC 35-47-2.5-16 (criminal transfer of a firearm) Level 5 felonyLevel 3 felony
2
IC 35-47-4-6.7 (unlawful transfer of a firearm to dangerous person)Level 5 felony
1
If the individual has a prior conviction.
2
If the individual uses the firearm to commit murder.
The following table shows the sentencing ranges for these felonies.
MinimumAdvisoryMaximum
Level 33 years9 years16 years
Level 42 years6 years12 years
Level 51 years3 years 6 years
Explanation of State Revenues: Direct File – Persons who are convicted as adults may also be liable for
a criminal fine of a maximum $10,000. Criminal fines are deposited into the Common School Fund. The
SB 144 2 total fee revenue per case would range between $113 and $135. The amount of court fees deposited will vary
depending on whether the case is filed in a court of record or a municipal court. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and
civil violation cases.
Explanation of Local Expenditures: Direct File – Felony cases in adult court can be tried by a jury.
Juvenile cases are only heard by a judge. Therefore a county could be required to pay a jury if the case in
adult court is tried by a jury. The jurors per diem is $80 per person or up to $960 per day for all 12 jury
members. [The per diem increases to $90 per day if the jury trial extends beyond the fifth day.]
Regulation and Restriction of Handguns – This bill would also affect any rules or ordinances issued by local
units of government that regulate the possession and carrying of firearms that expire after January 1, 2024.
Explanation of Local Revenues: Direct File – Felony cases are filed in a court of record. The county
general fund receives $47.40 and qualifying municipalities will receive a share of $3.60. The following
linked document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile,
and civil violation cases.
State Agencies Affected: Department of Correction
Local Agencies Affected: Courts with adult criminal and juvenile delinquency jurisdiction; trial courts; local
law enforcement agencies; Legislative Council
Information Sources: Indiana Supreme Court, Juvenile Odyssey Data; Quest Case Management System
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
SB 144 3