Indiana 2024 Regular Session

Indiana Senate Bill SB0163 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. 163
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-5-2; IC 3-14-3-4.5; IC 35-31.5-2; IC 35-47;
7	7	IC 35-52-3-47.5.
8	8	Synopsis: Firearms. Prohibits a person from carrying a firearm in or
9	9	near: (1) a chute; (2) polls; (3) certain areas where voters congregate
10	10	or are likely to congregate; or (4) any room where ballots are being
11	11	counted. Provides that the offense is a Class C misdemeanor, enhanced
12	12	to a: (1) Class A misdemeanor if the person has a prior unrelated
13	13	conviction for the offense; or (2) Level 6 felony if the firearm is
14	14	pointed at another person. Specifies a defense and certain notice
15	15	requirements. Prohibits other defenses. Changes the minimum age
16	16	required to carry a handgun to 21 years of age. Makes it a Level 5
17	17	felony to possess a privately made firearm. Makes it a Level 5 felony
18	18	to alter, obliterate, or remove certain marks of firearm identification or
19	19	to possess a firearm on which those marks of identification have been
20	20	altered, obliterated, or removed. Defines terms. Makes conforming
21	21	amendments.
22	22	Effective: July 1, 2024.
23	23	Randolph Lonnie M
24	24	January 8, 2024, read first time and referred to Committee on Corrections and Criminal
25	25	Law.
26	26	2024 IN 163—LS 6208/DI 144 Introduced
27	27	Second Regular Session of the 123rd General Assembly (2024)
28	28	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
29	29	Constitution) is being amended, the text of the existing provision will appear in this style type,
30	30	additions will appear in this style type, and deletions will appear in this style type.
31	31	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
32	32	provision adopted), the text of the new provision will appear in this style type. Also, the
33	33	word NEW will appear in that style type in the introductory clause of each SECTION that adds
34	34	a new provision to the Indiana Code or the Indiana Constitution.
35	35	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
36	36	between statutes enacted by the 2023 Regular Session of the General Assembly.
37	37	SENATE BILL No. 163
38	38	A BILL FOR AN ACT to amend the Indiana Code concerning
39	39	criminal law and procedure.
40	40	Be it enacted by the General Assembly of the State of Indiana:
41	41	1 SECTION 1. IC 3-5-2-24.7 IS ADDED TO THE INDIANA CODE
42	42	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
43	43	3 1, 2024]: Sec. 24.7. "Firearm", for purposes of IC 3-14-3-4.5, has
44	44	4 the meaning set forth in IC 35-47-1-5.
45	45	5 SECTION 2. IC 3-5-2-38.5 IS ADDED TO THE INDIANA CODE
46	46	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
47	47	7 1, 2024]: Sec. 38.5. (a) "Polling place" refers to the entire building
48	48	8 or structure where any of the following occur:
49	49	9 (1) Voters vote in a precinct on election day.
50	50	10 (2) Voters vote at a vote center on election day.
51	51	11 (3) Voters are entitled to cast absentee ballots, including:
52	52	12 (A) an office as described in IC 3-11-10-26; and
53	53	13 (B) a vote center established under IC 3-11-18.1.
54	54	14 (b) The term does not include a building or structure:
55	55	15 (1) that is the:
56	56	16 (A) voter's private residence; or
57	57	17 (B) building or structure in which the voter's private
58	58	2024 IN 163—LS 6208/DI 144 2
59	59	1 residence is located;
60	60	2 if the voter marks the voter's absentee ballot in or on the
61	61	3 premises of the voter's private residence; or
62	62	4 (2) where a voter chooses to mark the voter's absentee ballot
63	63	5 if the building or structure where the voter's absentee ballot
64	64	6 is marked is not designated under this title as a location for a
65	65	7 voter to vote on election day or to cast an absentee ballot.
66	66	8 SECTION 3. IC 3-5-2-39, AS AMENDED BY P.L.169-2015,
67	67	9 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
68	68	10 JULY 1, 2024]: Sec. 39. "Polls" means the room in a structure polling
69	69	11 place where the voters of a precinct vote by casting ballots on election
70	70	12 day.
71	71	13 SECTION 4. IC 3-14-3-4.5 IS ADDED TO THE INDIANA CODE
72	72	14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
73	73	15 1, 2024]: Sec. 4.5. (a) This section:
74	74	16 (1) applies when an election officer is present in or on the
75	75	17 premises of a polling place and is acting within the scope of
76	76	18 the election officer's official duties; and
77	77	19 (2) does not apply to a:
78	78	20 (A) federal;
79	79	21 (B) state; or
80	80	22 (C) local;
81	81	23 law enforcement officer.
82	82	24 (b) Subject to subsection (c), and except as provided in
83	83	25 subsection (f), a person may not knowingly or intentionally carry
84	84	26 a firearm within fifty (50) feet of the following:
85	85	27 (1) The chute.
86	86	28 (2) The polls.
87	87	29 (3) Any area where voters congregate or are likely to
88	88	30 congregate for any purpose related to voting or the casting of
89	89	31 ballots.
90	90	32 (4) Any room where ballots are being counted.
91	91	33 (c) Except as provided in subsection (f), a person may not
92	92	34 knowingly or intentionally carry a firearm anywhere in or on the
93	93	35 premises of a polling place if less than fifty (50) feet exists between
94	94	36 a boundary or property line, as applicable, and one (1) or more of
95	95	37 the following:
96	96	38 (1) The chute.
97	97	39 (2) The polls.
98	98	40 (3) Any area where voters congregate or are likely to
99	99	41 congregate for any purpose related to voting or the casting of
100	100	42 ballots.
101	101	2024 IN 163—LS 6208/DI 144 3
102	102	1 (4) Any room where ballots are being counted.
103	103	2 (d) A person who violates subsection (b) or (c) commits a Class
104	104	3 C misdemeanor. However, the offense is a:
105	105	4 (1) Class A misdemeanor if the person has a prior unrelated
106	106	5 conviction under this section; or
107	107	6 (2) Level 6 felony if the firearm is pointed at another person.
108	108	7 (e) It is not a defense to a prosecution under this section that the
109	109	8 firearm was:
110	110	9 (1) concealed;
111	111	10 (2) holstered;
112	112	11 (3) unloaded;
113	113	12 (4) not immediately accessible;
114	114	13 (5) disabled;
115	115	14 (6) in a partial or complete state of disassembly; or
116	116	15 (7) otherwise inoperable;
117	117	16 at the time the firearm was carried.
118	118	17 (f) It is a defense to a prosecution under this section that the
119	119	18 requirements specified in subsections (g) and (h) were not met at
120	120	19 the time the firearm was possessed.
121	121	20 (g) An election officer shall conspicuously display a firearm
122	122	21 prohibition notice in, on, or at each of the following locations, as
123	123	22 applicable:
124	124	23 (1) The chute.
125	125	24 (2) The polls.
126	126	25 (3) Any area where voters congregate or are likely to
127	127	26 congregate for any purpose related to voting or the casting of
128	128	27 ballots.
129	129	28 (4) Any room where ballots are being counted.
130	130	29 (5) Along any fifty (50) foot perimeter described in subsection
131	131	30 (b) at practicable intervals.
132	132	31 A firearm prohibition notice described in this subsection must
133	133	32 comply with the requirements specified in subsection (h).
134	134	33 (h) A firearm prohibition notice must do the following:
135	135	34 (1) Clearly state that the carrying of firearms is prohibited:
136	136	35 (A) within fifty (50) feet of:
137	137	36 (i) the chute;
138	138	37 (ii) the polls;
139	139	38 (iii) any area where voters congregate or are likely to
140	140	39 congregate for any purpose related to voting or the
141	141	40 casting of ballots; or
142	142	41 (iv) any room where ballots are being counted; and
143	143	42 (B) anywhere in or on the premises of the polling place if
144	144	2024 IN 163—LS 6208/DI 144 4
145	145	1 the conditions specified in subsection (c) are met.
146	146	2 (2) Specify that the carrying of a firearm in violation of
147	147	3 subsection (b) or (c) is an arrestable offense.
148	148	4 (3) Specify all possible:
149	149	5 (A) criminal penalties; and
150	150	6 (B) fines;
151	151	7 for a violation of a firearm prohibition described in subsection
152	152	8 (b) or (c).
153	153	9 (i) Nothing in this chapter shall be construed to alter, limit,
154	154	10 relax, or supersede a more restrictive firearm prohibition policy or
155	155	11 rule enacted by a person with executive authority over a polling
156	156	12 place.
157	157	13 SECTION 5. IC 35-31.5-2-139.4 IS ADDED TO THE INDIANA
158	158	14 CODE AS A NEW SECTION TO READ AS FOLLOWS
159	159	15 [EFFECTIVE JULY 1, 2024]: Sec. 139.4. "Frame", for purposes of
160	160	16 IC 35-47-1-6.7 and IC 35-47-1-12.5, has the meaning set forth in
161	161	17 IC 35-47-1-5.3.
162	162	18 SECTION 6. IC 35-31.5-2-246.5 IS ADDED TO THE INDIANA
163	163	19 CODE AS A NEW SECTION TO READ AS FOLLOWS
164	164	20 [EFFECTIVE JULY 1, 2024]: Sec. 246.5. "Privately made firearm",
165	165	21 for purposes of IC 35-47, has the meaning set forth in
166	166	22 IC 35-47-1-6.7.
167	167	23 SECTION 7. IC 35-31.5-2-267.9 IS ADDED TO THE INDIANA
168	168	24 CODE AS A NEW SECTION TO READ AS FOLLOWS
169	169	25 [EFFECTIVE JULY 1, 2024]: Sec. 267.9. "Receiver", for purposes
170	170	26 of IC 35-47-1-6.7 and IC 35-47-1-12.5, has the meaning set forth in
171	171	27 IC 35-47-1-8.5.
172	172	28 SECTION 8. IC 35-31.5-2-345.5 IS ADDED TO THE INDIANA
173	173	29 CODE AS A NEW SECTION TO READ AS FOLLOWS
174	174	30 [EFFECTIVE JULY 1, 2024]: Sec. 345.5. "Variant", for purposes of
175	175	31 IC 35-47-1-5.3 and IC 35-47-1-8.5, has the meaning set forth in
176	176	32 IC 35-47-1-12.5.
177	177	33 SECTION 9. IC 35-47-1-5.3 IS ADDED TO THE INDIANA CODE
178	178	34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
179	179	35 1, 2024]: Sec. 5.3. For purposes of section 6.7 of this chapter,
180	180	36 "frame" means the part of a handgun or variant of a handgun that
181	181	37 provides housing or a structure for the primary energized
182	182	38 component designed to hold back the:
183	183	39 (1) hammer;
184	184	40 (2) striker;
185	185	41 (3) bolt; or
186	186	42 (4) component similar to the items listed in subdivisions (1)
187	187	2024 IN 163—LS 6208/DI 144 5
188	188	1 through (3);
189	189	2 prior to initiation of the firing sequence, even if pins or other
190	190	3 attachments are required to connect the component to the housing
191	191	4 or structure.
192	192	5 SECTION 10. IC 35-47-1-6.7 IS ADDED TO THE INDIANA
193	193	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
194	194	7 [EFFECTIVE JULY 1, 2024]: Sec. 6.7. (a) Except as provided in
195	195	8 subsection (b), "privately made firearm" means a:
196	196	9 (1) firearm that is completed, assembled, or otherwise
197	197	10 produced:
198	198	11 (A) by a person that does not possess a valid federal
199	199	12 firearms license issued under 18 U.S.C. 923; or
200	200	13 (B) without a serial number placed:
201	201	14 (i) by a person that possesses a valid federal firearms
202	202	15 license issued under 18 U.S.C. 923; and
203	203	16 (ii) at the time the firearm was completed, assembled, or
204	204	17 otherwise produced; or
205	205	18 (2) frame or receiver:
206	206	19 (A) that either:
207	207	20 (i) has been assembled or otherwise produced by a
208	208	21 person that does not possess a valid federal firearms
209	209	22 license issued under 18 U.S.C. 923; or
210	210	23 (ii) may be easily converted into a firearm by a person
211	211	24 that does not possess a valid federal firearms license
212	212	25 issued under 18 U.S.C. 923; or
213	213	26 (B) without a serial number placed:
214	214	27 (i) by a person that possesses a valid federal firearms
215	215	28 license issued under 18 U.S.C. 923; and
216	216	29 (ii) at the time the firearm was completed, assembled, or
217	217	30 otherwise produced.
218	218	31 (b) The term does not include a firearm that:
219	219	32 (1) is identified and registered in the National Firearms
220	220	33 Registration and Transfer Record under 26 U.S.C. 53; or
221	221	34 (2) was manufactured or made before October 22, 1968,
222	222	35 unless the firearm was remanufactured after that date.
223	223	36 SECTION 11. IC 35-47-1-8.5 IS ADDED TO THE INDIANA
224	224	37 CODE AS A NEW SECTION TO READ AS FOLLOWS
225	225	38 [EFFECTIVE JULY 1, 2024]: Sec. 8.5. For purposes of section 6.7 of
226	226	39 this chapter, "receiver" means the part of a:
227	227	40 (1) rifle;
228	228	41 (2) shotgun;
229	229	42 (3) projectile weapon other than a handgun; or
230	230	2024 IN 163—LS 6208/DI 144 6
231	231	1 (4) variant of a weapon listed in subdivisions (1) through (3);
232	232	2 that provides housing or a structure for the primary component
233	233	3 designed to block or seal the breech prior to initiation of the firing
234	234	4 sequence, even if pins or other attachments are required to connect
235	235	5 the component to the housing or structure.
236	236	6 SECTION 12. IC 35-47-1-12.5 IS ADDED TO THE INDIANA
237	237	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
238	238	8 [EFFECTIVE JULY 1, 2024]: Sec. 12.5. For purposes of sections 5.3
239	239	9 and 8.5 of this chapter, "variant" means a weapon that uses a
240	240	10 similar frame or receiver design irrespective of new or different:
241	241	11 (1) model designations or configurations;
242	242	12 (2) characteristics;
243	243	13 (3) features;
244	244	14 (4) components;
245	245	15 (5) accessories; or
246	246	16 (6) attachments.
247	247	17 SECTION 13. IC 35-47-2-1.5, AS ADDED BY P.L.175-2022,
248	248	18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
249	249	19 JULY 1, 2024]: Sec. 1.5. (a) The following terms are defined for this
250	250	20 section:
251	251	21 (1) "Adjudicated a mental defective" means a determination by a
252	252	22 court that a person:
253	253	23 (A) presents a danger to the person or to others; or
254	254	24 (B) lacks the mental capacity necessary to contract or manage
255	255	25 the person's affairs.
256	256	26 The term includes a finding of insanity by a court in a criminal
257	257	27 proceeding.
258	258	28 (2) "Alien" means any person who is not lawfully in the United
259	259	29 States. The term includes:
260	260	30 (A) any person who has:
261	261	31 (i) entered the United States without inspection and
262	262	32 authorization by an immigration officer; and
263	263	33 (ii) not been paroled into the United States under the federal
264	264	34 Immigration and Nationality Act;
265	265	35 (B) a nonimmigrant:
266	266	36 (i) whose authorized period of stay has expired; or
267	267	37 (ii) who has violated the terms of the nonimmigrant category
268	268	38 under which the person was admitted;
269	269	39 (C) a person paroled under the federal Immigration and
270	270	40 Nationality Act whose period of parole has:
271	271	41 (i) expired; or
272	272	42 (ii) been terminated; and
273	273	2024 IN 163—LS 6208/DI 144 7
274	274	1 (D) a person subject to an order:
275	275	2 (i) of deportation, exclusion, or removal; or
276	276	3 (ii) to depart the United States voluntarily;
277	277	4 regardless of whether or not the person has left the United
278	278	5 States.
279	279	6 (3) "Committed to a mental institution" means the formal
280	280	7 commitment of a person to a mental institution by a court. The
281	281	8 term includes:
282	282	9 (A) a commitment for:
283	283	10 (i) a cognitive or mental defect; or
284	284	11 (ii) a mental illness; and
285	285	12 (B) involuntary commitments.
286	286	13 The term does not include voluntary commitments or a
287	287	14 commitment made for observational purposes.
288	288	15 (4) "Crime of domestic violence" has the meaning set forth in
289	289	16 IC 35-31.5-2-78.
290	290	17 (5) "Dangerous" has the meaning set forth in IC 35-47-14-1.
291	291	18 (6) "Fugitive from justice" means any person who:
292	292	19 (A) flees or leaves from any state to avoid prosecution for a
293	293	20 felony or misdemeanor offense; or
294	294	21 (B) flees or leaves any state to avoid testifying in a criminal
295	295	22 proceeding.
296	296	23 (7) "Indictment" means any formal accusation of a crime made by
297	297	24 a prosecuting attorney in any court for a crime punishable by a
298	298	25 term of imprisonment exceeding one (1) year.
299	299	26 (8) A crime or offense "punishable by a term of imprisonment
300	300	27 exceeding one (1) year" does not include a federal or state crime
301	301	28 or offense pertaining to antitrust violations, unfair trade practices,
302	302	29 restraints of trade, or other similar offenses relating to the
303	303	30 regulation of business practices.
304	304	31 (b) Except as provided in subsections (c) and (d), the following
305	305	32 persons may not knowingly or intentionally carry a handgun:
306	306	33 (1) A person convicted of a federal or state offense punishable by
307	307	34 a term of imprisonment exceeding one (1) year.
308	308	35 (2) A fugitive from justice.
309	309	36 (3) An alien.
310	310	37 (4) A person convicted of:
311	311	38 (A) a crime of domestic violence (IC 35-31.5-2-78);
312	312	39 (B) domestic battery (IC 35-42-2-1.3); or
313	313	40 (C) criminal stalking (IC 35-45-10-5).
314	314	41 (5) A person restrained by an order of protection issued under
315	315	42 IC 34-26-5.
316	316	2024 IN 163—LS 6208/DI 144 8
317	317	1 (6) A person under indictment.
318	318	2 (7) A person who has been:
319	319	3 (A) adjudicated dangerous under IC 35-47-14-6;
320	320	4 (B) adjudicated a mental defective; or
321	321	5 (C) committed to a mental institution.
322	322	6 (8) A person dishonorably discharged from:
323	323	7 (A) military service; or
324	324	8 (B) the National Guard.
325	325	9 (9) A person who renounces the person's United States citizenship
326	326	10 in the manner described in 8 U.S.C. 1481.
327	327	11 (10) A person who is less than:
328	328	12 (A) eighteen (18) twenty-one (21) years of age; or
329	329	13 (B) twenty-three (23) years of age and has an adjudication as
330	330	14 a delinquent child for an act described by IC 35-47-4-5;
331	331	15 unless authorized under IC 35-47-10.
332	332	16 (c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person if
333	333	17 a court has restored the person's right to possess a firearm under
334	334	18 IC 35-47-4-7.
335	335	19 (d) A person who has:
336	336	20 (1) been adjudicated dangerous under IC 35-47-14-6; and
337	337	21 (2) successfully petitioned for the return of a firearm under
338	338	22 IC 35-47-14-8 with respect to the adjudication under subdivision
339	339	23 (1);
340	340	24 is not prohibited from carrying a handgun under subsection (b) on the
341	341	25 basis that the person was adjudicated dangerous under subdivision (1).
342	342	26 However, the person may still be prohibited from carrying a handgun
343	343	27 on one (1) or more of the other grounds listed in subsection (b).
344	344	28 (e) A person who violates this section commits unlawful carrying of
345	345	29 a handgun, a Class A misdemeanor. However, the offense is a Level 5
346	346	30 felony if:
347	347	31 (1) the offense is committed:
348	348	32 (A) on or in school property;
349	349	33 (B) within five hundred (500) feet of school property; or
350	350	34 (C) on a school bus; or
351	351	35 (2) the person:
352	352	36 (A) has a prior conviction of any offense under:
353	353	37 (i) this section;
354	354	38 (ii) section 1 of this chapter (carrying a handgun without a
355	355	39 license) (before its repeal); or
356	356	40 (iii) section 22 of this chapter; or
357	357	41 (B) has been convicted of a felony within fifteen (15) years
358	358	42 before the date of the offense.
359	359	2024 IN 163—LS 6208/DI 144 9
360	360	1 SECTION 14. IC 35-47-2-3, AS AMENDED BY THE
361	361	2 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
362	362	3 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
363	363	4 JULY 1, 2024]: Sec. 3. (a) A person who is at least eighteen (18)
364	364	5 twenty-one (21) years of age and is not otherwise prohibited from
365	365	6 carrying or possessing a handgun under state or federal law is not
366	366	7 required to obtain or possess a license or permit from the state to carry
367	367	8 a handgun in Indiana. A resident of this state person who wishes to
368	368	9 carry a firearm in another state under a reciprocity agreement entered
369	369	10 into by this state and another state may obtain a license to carry a
370	370	11 handgun in Indiana under this chapter by applying as follows:
371	371	12 (1) If the applicant is a resident of this state:
372	372	13 (A) to the chief of police or corresponding law enforcement
373	373	14 officer of the municipality in which the applicant resides; or
374	374	15 (2) (B) if that municipality has no such officer, or if the
375	375	16 applicant does not reside in a municipality, to the sheriff of the
376	376	17 county in which the applicant resides after the applicant has
377	377	18 obtained an application form prescribed by the superintendent.
378	378	19 or
379	379	20 (3) (2) If the applicant is a resident of another state and has a
380	380	21 regular place of business or employment in Indiana, to the sheriff
381	381	22 of the county in which the applicant has a regular place of
382	382	23 business or employment.
383	383	24 The superintendent and local law enforcement agencies shall allow an
384	384	25 applicant desiring to obtain or renew a license to carry a handgun to
385	385	26 submit an application electronically under this chapter if funds are
386	386	27 available to establish and maintain an electronic application system.
387	387	28 (b) This subsection applies before July 1, 2020. The law
388	388	29 enforcement agency which accepts an application for a handgun license
389	389	30 shall collect the following application fees:
390	390	31 (1) From a person applying for a four (4) year handgun license, a
391	391	32 ten dollar ($10) application fee, five dollars ($5) of which shall be
392	392	33 refunded if the license is not issued.
393	393	34 (2) From a person applying for a lifetime handgun license who
394	394	35 does not currently possess a valid Indiana handgun license, a fifty
395	395	36 dollar ($50) application fee, thirty dollars ($30) of which shall be
396	396	37 refunded if the license is not issued.
397	397	38 (3) From a person applying for a lifetime handgun license who
398	398	39 currently possesses a valid Indiana handgun license, a forty dollar
399	399	40 ($40) application fee, thirty dollars ($30) of which shall be
400	400	41 refunded if the license is not issued.
401	401	42 Except as provided in subsection (j), the fee shall be deposited into the
402	402	2024 IN 163—LS 6208/DI 144 10
403	403	1 law enforcement agency's firearms training fund or other appropriate
404	404	2 training activities fund and used by the agency to train law enforcement
405	405	3 officers in the proper use of firearms or in other law enforcement
406	406	4 duties, or to purchase firearms, firearm related equipment, or body
407	407	5 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
408	408	6 employed by the law enforcement agency. The state board of accounts
409	409	7 shall establish rules for the proper accounting and expenditure of funds
410	410	8 collected under this subsection.
411	411	9 (c) This subsection applies after June 30, 2020, and before July 1,
412	412	10 2021. The law enforcement agency which accepts an application for a
413	413	11 handgun license shall not collect a fee from a person applying for a five
414	414	12 (5) year handgun license and shall collect the following application
415	415	13 fees:
416	416	14 (1) From a person applying for a lifetime handgun license who
417	417	15 does not currently possess a valid Indiana handgun license, a fifty
418	418	16 dollar ($50) application fee, thirty dollars ($30) of which shall be
419	419	17 refunded if the license is not issued.
420	420	18 (2) From a person applying for a lifetime handgun license who
421	421	19 currently possesses a valid Indiana handgun license, a forty dollar
422	422	20 ($40) application fee, thirty dollars ($30) of which shall be
423	423	21 refunded if the license is not issued.
424	424	22 Except as provided in subsection (j), the fee shall be deposited into the
425	425	23 law enforcement agency's firearms training fund or other appropriate
426	426	24 training activities fund and used by the agency to train law enforcement
427	427	25 officers in the proper use of firearms or in other law enforcement
428	428	26 duties, or to purchase firearms, firearm related equipment, or body
429	429	27 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
430	430	28 employed by the law enforcement agency. The state board of accounts
431	431	29 shall establish rules for the proper accounting and expenditure of funds
432	432	30 collected under this subsection.
433	433	31 (d) This subsection applies after June 30, 2021. The law
434	434	32 enforcement agency which accepts an application for a handgun license
435	435	33 shall not collect a fee from a person applying for a handgun license.
436	436	34 (e) The officer to whom the application is made shall ascertain the
437	437	35 applicant's name, full address, length of residence in the community,
438	438	36 whether the applicant's residence is located within the limits of any city
439	439	37 or town, the applicant's occupation, place of business or employment,
440	440	38 criminal record, if any, and convictions (minor traffic offenses
441	441	39 excepted), age, race, sex, nationality, date of birth, citizenship, height,
442	442	40 weight, build, color of hair, color of eyes, scars and marks, whether the
443	443	41 applicant has previously held an Indiana license to carry a handgun
444	444	42 and, if so, the serial number of the license and year issued, whether the
445	445	2024 IN 163—LS 6208/DI 144 11
446	446	1 applicant's license has ever been suspended or revoked, and if so, the
447	447	2 year and reason for the suspension or revocation, and the applicant's
448	448	3 reason for desiring a license. If the applicant is not a United States
449	449	4 citizen, the officer to whom the application is made shall ascertain the
450	450	5 applicant's country of citizenship, place of birth, and any alien or
451	451	6 admission number issued by the United States Citizenship and
452	452	7 Immigration Services or United States Customs and Border Protection
453	453	8 or any successor agency as applicable. The officer to whom the
454	454	9 application is made shall conduct an investigation into the applicant's
455	455	10 official records and verify thereby the applicant's character and
456	456	11 reputation, and shall in addition verify for accuracy the information
457	457	12 contained in the application, and shall forward this information
458	458	13 together with the officer's recommendation for approval or disapproval
459	459	14 and one (1) set of legible and classifiable fingerprints of the applicant
460	460	15 to the superintendent. An investigation conducted under this section
461	461	16 must include the consulting of available local, state, and federal
462	462	17 criminal history data banks, including the National Instant Criminal
463	463	18 Background Check System (NICS), to determine whether possession
464	464	19 of a firearm by an applicant would be a violation of state or federal law.
465	465	20 (f) The superintendent may make whatever further investigation the
466	466	21 superintendent deems necessary. Whenever disapproval is
467	467	22 recommended, the officer to whom the application is made shall
468	468	23 provide the superintendent and the applicant with the officer's complete
469	469	24 and specific reasons, in writing, for the recommendation of
470	470	25 disapproval.
471	471	26 (g) If it appears to the superintendent that the applicant:
472	472	27 (1) has a proper reason for receiving a license to carry a handgun;
473	473	28 (2) is of good character and reputation;
474	474	29 (3) is a proper person to be licensed; and
475	475	30 (4) is:
476	476	31 (A) a citizen of the United States; or
477	477	32 (B) not a citizen of the United States but is allowed to carry a
478	478	33 firearm in the United States under federal law;
479	479	34 the superintendent shall issue to the applicant a license to carry a
480	480	35 handgun in Indiana. The original license shall be delivered to the
481	481	36 licensee. A copy shall be delivered to the officer to whom the
482	482	37 application for license was made. A copy shall be retained by the
483	483	38 superintendent for at least five (5) years in the case of a five (5) year
484	484	39 license. The superintendent may adopt guidelines to establish a records
485	485	40 retention policy for a lifetime license. A five (5) year license shall be
486	486	41 valid for a period of five (5) years from the date of issue. A lifetime
487	487	42 license is valid for the life of the individual receiving the license. The
488	488	2024 IN 163—LS 6208/DI 144 12
489	489	1 license of police officers, sheriffs or their deputies, and law
490	490	2 enforcement officers of the United States government who have twenty
491	491	3 (20) or more years of service shall be valid for the life of these
492	492	4 individuals. However, a lifetime license is automatically revoked if the
493	493	5 license holder does not remain a proper person.
494	494	6 (h) At the time a license is issued and delivered to a licensee under
495	495	7 subsection (g), the superintendent shall include with the license
496	496	8 information concerning firearms safety rules that:
497	497	9 (1) neither opposes nor supports an individual's right to bear
498	498	10 arms; and
499	499	11 (2) is:
500	500	12 (A) recommended by a nonprofit educational organization that
501	501	13 is dedicated to providing education on safe handling and use
502	502	14 of firearms;
503	503	15 (B) prepared by the state police department; and
504	504	16 (C) approved by the superintendent.
505	505	17 The superintendent may not deny a license under this section because
506	506	18 the information required under this subsection is unavailable at the
507	507	19 time the superintendent would otherwise issue a license. The state
508	508	20 police department may accept private donations or grants to defray the
509	509	21 cost of printing and mailing the information required under this
510	510	22 subsection.
511	511	23 (i) A license to carry a handgun shall not be issued to any person
512	512	24 who:
513	513	25 (1) has been convicted of a felony;
514	514	26 (2) has had a license to carry a handgun suspended, unless the
515	515	27 person's license has been reinstated;
516	516	28 (3) is under eighteen (18) twenty-one (21) years of age;
517	517	29 (4) is under twenty-three (23) years of age if the person has been
518	518	30 adjudicated a delinquent child for an act that would be a felony if
519	519	31 committed by an adult;
520	520	32 (5) has been arrested for a Class A or Class B felony for an
521	521	33 offense committed before July 1, 2014, for a Level 1, Level 2,
522	522	34 Level 3, or Level 4 felony for an offense committed after June 30,
523	523	35 2014, or any other felony that was committed while armed with
524	524	36 a deadly weapon or that involved the use of violence, if a court
525	525	37 has found probable cause to believe that the person committed the
526	526	38 offense charged;
527	527	39 (6) is prohibited by federal law from possessing or receiving
528	528	40 firearms under 18 U.S.C. 922(g); or
529	529	41 (7) is described in IC 35-47-2-1.5, section 1.5 of this chapter,
530	530	42 unless exempted by IC 35-47-2-1.5. section 1.5 of this chapter.
531	531	2024 IN 163—LS 6208/DI 144 13
532	532	1 In the case of an arrest under subdivision (5), a license to carry a
533	533	2 handgun may be issued to a person who has been acquitted of the
534	534	3 specific offense charged or if the charges for the specific offense are
535	535	4 dismissed. The superintendent shall prescribe all forms to be used in
536	536	5 connection with the administration of this chapter.
537	537	6 (j) If the law enforcement agency that charges a fee under
538	538	7 subsection (b) or (c) is a city or town law enforcement agency, the fee
539	539	8 shall be deposited in the law enforcement continuing education fund
540	540	9 established under IC 5-2-8-2.
541	541	10 (k) If a person who holds a valid license to carry a handgun issued
542	542	11 under this chapter:
543	543	12 (1) changes the person's name;
544	544	13 (2) changes the person's address; or
545	545	14 (3) experiences a change, including an arrest or a conviction, that
546	546	15 may affect the person's status as a proper person (as defined in
547	547	16 IC 35-47-1-7) or otherwise disqualify the person from holding a
548	548	17 license;
549	549	18 the person shall, not later than thirty (30) days after the date of a
550	550	19 change described under subdivision (3), and not later than sixty (60)
551	551	20 days after the date of the change described under subdivision (1) or (2),
552	552	21 notify the superintendent, in writing, of the event described under
553	553	22 subdivision (3) or, in the case of a change under subdivision (1) or (2),
554	554	23 the person's new name or new address.
555	555	24 (l) The state police shall indicate on the form for a license to carry
556	556	25 a handgun the notification requirements of subsection (k).
557	557	26 (m) The state police department shall adopt rules under IC 4-22-2
558	558	27 to implement an electronic application system under subsection (a).
559	559	28 Rules adopted under this section must require the superintendent to
560	560	29 keep on file one (1) set of classifiable and legible fingerprints from
561	561	30 every person who has received a license to carry a handgun so that a
562	562	31 person who applies to renew a license will not be required to submit an
563	563	32 additional set of fingerprints.
564	564	33 (n) Except as provided in subsection (o), for purposes of
565	565	34 IC 5-14-3-4(a)(1), the following information is confidential, may not
566	566	35 be published, and is not open to public inspection:
567	567	36 (1) Information submitted by a person under this section to:
568	568	37 (A) obtain; or
569	569	38 (B) renew;
570	570	39 a license to carry a handgun.
571	571	40 (2) Information obtained by a federal, state, or local government
572	572	41 entity in the course of an investigation concerning a person who
573	573	42 applies to:
574	574	2024 IN 163—LS 6208/DI 144 14
575	575	1 (A) obtain; or
576	576	2 (B) renew;
577	577	3 a license to carry a handgun issued under this chapter.
578	578	4 (3) The name, address, and any other information that may be
579	579	5 used to identify a person who holds a license to carry a handgun
580	580	6 issued under this chapter.
581	581	7 (o) Notwithstanding subsection (n):
582	582	8 (1) any information concerning an applicant for or a person who
583	583	9 holds a license to carry a handgun issued under this chapter may
584	584	10 be released to a:
585	585	11 (A) state or local government entity:
586	586	12 (i) for law enforcement purposes; or
587	587	13 (ii) to determine the validity of a license to carry a handgun;
588	588	14 or
589	589	15 (B) federal government entity for the purpose of a single entry
590	590	16 query of an applicant or license holder who is:
591	591	17 (i) a subject of interest in an active criminal investigation; or
592	592	18 (ii) arrested for a crime; and
593	593	19 (2) general information concerning the issuance of licenses to
594	594	20 carry handguns in Indiana may be released to a person conducting
595	595	21 journalistic or academic research, but only if all personal
596	596	22 information that could disclose the identity of any person who
597	597	23 holds a license to carry a handgun issued under this chapter has
598	598	24 been removed from the general information.
599	599	25 (p) A person who holds a valid license to carry a handgun under this
600	600	26 chapter is licensed to carry a handgun in Indiana.
601	601	27 (q) A person who knowingly or intentionally violates this section
602	602	28 commits a Class B misdemeanor.
603	603	29 SECTION 15. IC 35-47-2-18, AS AMENDED BY P.L.142-2020,
604	604	30 SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
605	605	31 JULY 1, 2024]: Sec. 18. (a) No person shall: A person may not:
606	606	32 (1) remove, obliterate, or alter:
607	607	33 (A) the importer or manufacturer's serial number on any
608	608	34 firearm; or
609	609	35 (B) the name of the manufacturer, model number, or
610	610	36 manufacturer's number; or
611	611	37 (C) any other mark of identification on a firearm;
612	612	38 (2) possess any firearm on which:
613	613	39 (A) the importer or manufacturer's serial number;
614	614	40 (B) the name of the manufacturer, model number, or
615	615	41 manufacturer's number; or
616	616	42 (C) any other mark of identification on a firearm;
617	617	2024 IN 163—LS 6208/DI 144 15
618	618	1 has been removed, obliterated, or altered; or
619	619	2 (3) possess a privately made firearm.
620	620	3 (b) A person who knowingly or intentionally violates this section
621	621	4 commits a Level 5 felony.
622	622	5 SECTION 16. IC 35-52-3-47.5 IS ADDED TO THE INDIANA
623	623	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
624	624	7 [EFFECTIVE JULY 1, 2024]: Sec. 47.5. IC 3-14-3-4.5 defines a
625	625	8 crime concerning firearms and voting.
626	626	2024 IN 163—LS 6208/DI 144