Introduced Version
SENATE BILL No. 163
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-5-2; IC 3-14-3-4.5; IC 35-31.5-2; IC 35-47;
IC 35-52-3-47.5.
Synopsis: Firearms. Prohibits a person from carrying a firearm in or
near: (1) a chute; (2) polls; (3) certain areas where voters congregate
or are likely to congregate; or (4) any room where ballots are being
counted. Provides that the offense is a Class C misdemeanor, enhanced
to a: (1) Class A misdemeanor if the person has a prior unrelated
conviction for the offense; or (2) Level 6 felony if the firearm is
pointed at another person. Specifies a defense and certain notice
requirements. Prohibits other defenses. Changes the minimum age
required to carry a handgun to 21 years of age. Makes it a Level 5
felony to possess a privately made firearm. Makes it a Level 5 felony
to alter, obliterate, or remove certain marks of firearm identification or
to possess a firearm on which those marks of identification have been
altered, obliterated, or removed. Defines terms. Makes conforming
amendments.
Effective: July 1, 2024.
Randolph Lonnie M
January 8, 2024, read first time and referred to Committee on Corrections and Criminal
Law.
2024 IN 163—LS 6208/DI 144 Introduced
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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 163
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-5-2-24.7 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 24.7. "Firearm", for purposes of IC 3-14-3-4.5, has
4 the meaning set forth in IC 35-47-1-5.
5 SECTION 2. IC 3-5-2-38.5 IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2024]: Sec. 38.5. (a) "Polling place" refers to the entire building
8 or structure where any of the following occur:
9 (1) Voters vote in a precinct on election day.
10 (2) Voters vote at a vote center on election day.
11 (3) Voters are entitled to cast absentee ballots, including:
12 (A) an office as described in IC 3-11-10-26; and
13 (B) a vote center established under IC 3-11-18.1.
14 (b) The term does not include a building or structure:
15 (1) that is the:
16 (A) voter's private residence; or
17 (B) building or structure in which the voter's private
2024 IN 163—LS 6208/DI 144 2
1 residence is located;
2 if the voter marks the voter's absentee ballot in or on the
3 premises of the voter's private residence; or
4 (2) where a voter chooses to mark the voter's absentee ballot
5 if the building or structure where the voter's absentee ballot
6 is marked is not designated under this title as a location for a
7 voter to vote on election day or to cast an absentee ballot.
8 SECTION 3. IC 3-5-2-39, AS AMENDED BY P.L.169-2015,
9 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 39. "Polls" means the room in a structure polling
11 place where the voters of a precinct vote by casting ballots on election
12 day.
13 SECTION 4. IC 3-14-3-4.5 IS ADDED TO THE INDIANA CODE
14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
15 1, 2024]: Sec. 4.5. (a) This section:
16 (1) applies when an election officer is present in or on the
17 premises of a polling place and is acting within the scope of
18 the election officer's official duties; and
19 (2) does not apply to a:
20 (A) federal;
21 (B) state; or
22 (C) local;
23 law enforcement officer.
24 (b) Subject to subsection (c), and except as provided in
25 subsection (f), a person may not knowingly or intentionally carry
26 a firearm within fifty (50) feet of the following:
27 (1) The chute.
28 (2) The polls.
29 (3) Any area where voters congregate or are likely to
30 congregate for any purpose related to voting or the casting of
31 ballots.
32 (4) Any room where ballots are being counted.
33 (c) Except as provided in subsection (f), a person may not
34 knowingly or intentionally carry a firearm anywhere in or on the
35 premises of a polling place if less than fifty (50) feet exists between
36 a boundary or property line, as applicable, and one (1) or more of
37 the following:
38 (1) The chute.
39 (2) The polls.
40 (3) Any area where voters congregate or are likely to
41 congregate for any purpose related to voting or the casting of
42 ballots.
2024 IN 163—LS 6208/DI 144 3
1 (4) Any room where ballots are being counted.
2 (d) A person who violates subsection (b) or (c) commits a Class
3 C misdemeanor. However, the offense is a:
4 (1) Class A misdemeanor if the person has a prior unrelated
5 conviction under this section; or
6 (2) Level 6 felony if the firearm is pointed at another person.
7 (e) It is not a defense to a prosecution under this section that the
8 firearm was:
9 (1) concealed;
10 (2) holstered;
11 (3) unloaded;
12 (4) not immediately accessible;
13 (5) disabled;
14 (6) in a partial or complete state of disassembly; or
15 (7) otherwise inoperable;
16 at the time the firearm was carried.
17 (f) It is a defense to a prosecution under this section that the
18 requirements specified in subsections (g) and (h) were not met at
19 the time the firearm was possessed.
20 (g) An election officer shall conspicuously display a firearm
21 prohibition notice in, on, or at each of the following locations, as
22 applicable:
23 (1) The chute.
24 (2) The polls.
25 (3) Any area where voters congregate or are likely to
26 congregate for any purpose related to voting or the casting of
27 ballots.
28 (4) Any room where ballots are being counted.
29 (5) Along any fifty (50) foot perimeter described in subsection
30 (b) at practicable intervals.
31 A firearm prohibition notice described in this subsection must
32 comply with the requirements specified in subsection (h).
33 (h) A firearm prohibition notice must do the following:
34 (1) Clearly state that the carrying of firearms is prohibited:
35 (A) within fifty (50) feet of:
36 (i) the chute;
37 (ii) the polls;
38 (iii) any area where voters congregate or are likely to
39 congregate for any purpose related to voting or the
40 casting of ballots; or
41 (iv) any room where ballots are being counted; and
42 (B) anywhere in or on the premises of the polling place if
2024 IN 163—LS 6208/DI 144 4
1 the conditions specified in subsection (c) are met.
2 (2) Specify that the carrying of a firearm in violation of
3 subsection (b) or (c) is an arrestable offense.
4 (3) Specify all possible:
5 (A) criminal penalties; and
6 (B) fines;
7 for a violation of a firearm prohibition described in subsection
8 (b) or (c).
9 (i) Nothing in this chapter shall be construed to alter, limit,
10 relax, or supersede a more restrictive firearm prohibition policy or
11 rule enacted by a person with executive authority over a polling
12 place.
13 SECTION 5. IC 35-31.5-2-139.4 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2024]: Sec. 139.4. "Frame", for purposes of
16 IC 35-47-1-6.7 and IC 35-47-1-12.5, has the meaning set forth in
17 IC 35-47-1-5.3.
18 SECTION 6. IC 35-31.5-2-246.5 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2024]: Sec. 246.5. "Privately made firearm",
21 for purposes of IC 35-47, has the meaning set forth in
22 IC 35-47-1-6.7.
23 SECTION 7. IC 35-31.5-2-267.9 IS ADDED TO THE INDIANA
24 CODE AS A NEW SECTION TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2024]: Sec. 267.9. "Receiver", for purposes
26 of IC 35-47-1-6.7 and IC 35-47-1-12.5, has the meaning set forth in
27 IC 35-47-1-8.5.
28 SECTION 8. IC 35-31.5-2-345.5 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2024]: Sec. 345.5. "Variant", for purposes of
31 IC 35-47-1-5.3 and IC 35-47-1-8.5, has the meaning set forth in
32 IC 35-47-1-12.5.
33 SECTION 9. IC 35-47-1-5.3 IS ADDED TO THE INDIANA CODE
34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
35 1, 2024]: Sec. 5.3. For purposes of section 6.7 of this chapter,
36 "frame" means the part of a handgun or variant of a handgun that
37 provides housing or a structure for the primary energized
38 component designed to hold back the:
39 (1) hammer;
40 (2) striker;
41 (3) bolt; or
42 (4) component similar to the items listed in subdivisions (1)
2024 IN 163—LS 6208/DI 144 5
1 through (3);
2 prior to initiation of the firing sequence, even if pins or other
3 attachments are required to connect the component to the housing
4 or structure.
5 SECTION 10. IC 35-47-1-6.7 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2024]: Sec. 6.7. (a) Except as provided in
8 subsection (b), "privately made firearm" means a:
9 (1) firearm that is completed, assembled, or otherwise
10 produced:
11 (A) by a person that does not possess a valid federal
12 firearms license issued under 18 U.S.C. 923; or
13 (B) without a serial number placed:
14 (i) by a person that possesses a valid federal firearms
15 license issued under 18 U.S.C. 923; and
16 (ii) at the time the firearm was completed, assembled, or
17 otherwise produced; or
18 (2) frame or receiver:
19 (A) that either:
20 (i) has been assembled or otherwise produced by a
21 person that does not possess a valid federal firearms
22 license issued under 18 U.S.C. 923; or
23 (ii) may be easily converted into a firearm by a person
24 that does not possess a valid federal firearms license
25 issued under 18 U.S.C. 923; or
26 (B) without a serial number placed:
27 (i) by a person that possesses a valid federal firearms
28 license issued under 18 U.S.C. 923; and
29 (ii) at the time the firearm was completed, assembled, or
30 otherwise produced.
31 (b) The term does not include a firearm that:
32 (1) is identified and registered in the National Firearms
33 Registration and Transfer Record under 26 U.S.C. 53; or
34 (2) was manufactured or made before October 22, 1968,
35 unless the firearm was remanufactured after that date.
36 SECTION 11. IC 35-47-1-8.5 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2024]: Sec. 8.5. For purposes of section 6.7 of
39 this chapter, "receiver" means the part of a:
40 (1) rifle;
41 (2) shotgun;
42 (3) projectile weapon other than a handgun; or
2024 IN 163—LS 6208/DI 144 6
1 (4) variant of a weapon listed in subdivisions (1) through (3);
2 that provides housing or a structure for the primary component
3 designed to block or seal the breech prior to initiation of the firing
4 sequence, even if pins or other attachments are required to connect
5 the component to the housing or structure.
6 SECTION 12. IC 35-47-1-12.5 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2024]: Sec. 12.5. For purposes of sections 5.3
9 and 8.5 of this chapter, "variant" means a weapon that uses a
10 similar frame or receiver design irrespective of new or different:
11 (1) model designations or configurations;
12 (2) characteristics;
13 (3) features;
14 (4) components;
15 (5) accessories; or
16 (6) attachments.
17 SECTION 13. IC 35-47-2-1.5, AS ADDED BY P.L.175-2022,
18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2024]: Sec. 1.5. (a) The following terms are defined for this
20 section:
21 (1) "Adjudicated a mental defective" means a determination by a
22 court that a person:
23 (A) presents a danger to the person or to others; or
24 (B) lacks the mental capacity necessary to contract or manage
25 the person's affairs.
26 The term includes a finding of insanity by a court in a criminal
27 proceeding.
28 (2) "Alien" means any person who is not lawfully in the United
29 States. The term includes:
30 (A) any person who has:
31 (i) entered the United States without inspection and
32 authorization by an immigration officer; and
33 (ii) not been paroled into the United States under the federal
34 Immigration and Nationality Act;
35 (B) a nonimmigrant:
36 (i) whose authorized period of stay has expired; or
37 (ii) who has violated the terms of the nonimmigrant category
38 under which the person was admitted;
39 (C) a person paroled under the federal Immigration and
40 Nationality Act whose period of parole has:
41 (i) expired; or
42 (ii) been terminated; and
2024 IN 163—LS 6208/DI 144 7
1 (D) a person subject to an order:
2 (i) of deportation, exclusion, or removal; or
3 (ii) to depart the United States voluntarily;
4 regardless of whether or not the person has left the United
5 States.
6 (3) "Committed to a mental institution" means the formal
7 commitment of a person to a mental institution by a court. The
8 term includes:
9 (A) a commitment for:
10 (i) a cognitive or mental defect; or
11 (ii) a mental illness; and
12 (B) involuntary commitments.
13 The term does not include voluntary commitments or a
14 commitment made for observational purposes.
15 (4) "Crime of domestic violence" has the meaning set forth in
16 IC 35-31.5-2-78.
17 (5) "Dangerous" has the meaning set forth in IC 35-47-14-1.
18 (6) "Fugitive from justice" means any person who:
19 (A) flees or leaves from any state to avoid prosecution for a
20 felony or misdemeanor offense; or
21 (B) flees or leaves any state to avoid testifying in a criminal
22 proceeding.
23 (7) "Indictment" means any formal accusation of a crime made by
24 a prosecuting attorney in any court for a crime punishable by a
25 term of imprisonment exceeding one (1) year.
26 (8) A crime or offense "punishable by a term of imprisonment
27 exceeding one (1) year" does not include a federal or state crime
28 or offense pertaining to antitrust violations, unfair trade practices,
29 restraints of trade, or other similar offenses relating to the
30 regulation of business practices.
31 (b) Except as provided in subsections (c) and (d), the following
32 persons may not knowingly or intentionally carry a handgun:
33 (1) A person convicted of a federal or state offense punishable by
34 a term of imprisonment exceeding one (1) year.
35 (2) A fugitive from justice.
36 (3) An alien.
37 (4) A person convicted of:
38 (A) a crime of domestic violence (IC 35-31.5-2-78);
39 (B) domestic battery (IC 35-42-2-1.3); or
40 (C) criminal stalking (IC 35-45-10-5).
41 (5) A person restrained by an order of protection issued under
42 IC 34-26-5.
2024 IN 163—LS 6208/DI 144 8
1 (6) A person under indictment.
2 (7) A person who has been:
3 (A) adjudicated dangerous under IC 35-47-14-6;
4 (B) adjudicated a mental defective; or
5 (C) committed to a mental institution.
6 (8) A person dishonorably discharged from:
7 (A) military service; or
8 (B) the National Guard.
9 (9) A person who renounces the person's United States citizenship
10 in the manner described in 8 U.S.C. 1481.
11 (10) A person who is less than:
12 (A) eighteen (18) twenty-one (21) years of age; or
13 (B) twenty-three (23) years of age and has an adjudication as
14 a delinquent child for an act described by IC 35-47-4-5;
15 unless authorized under IC 35-47-10.
16 (c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person if
17 a court has restored the person's right to possess a firearm under
18 IC 35-47-4-7.
19 (d) A person who has:
20 (1) been adjudicated dangerous under IC 35-47-14-6; and
21 (2) successfully petitioned for the return of a firearm under
22 IC 35-47-14-8 with respect to the adjudication under subdivision
23 (1);
24 is not prohibited from carrying a handgun under subsection (b) on the
25 basis that the person was adjudicated dangerous under subdivision (1).
26 However, the person may still be prohibited from carrying a handgun
27 on one (1) or more of the other grounds listed in subsection (b).
28 (e) A person who violates this section commits unlawful carrying of
29 a handgun, a Class A misdemeanor. However, the offense is a Level 5
30 felony if:
31 (1) the offense is committed:
32 (A) on or in school property;
33 (B) within five hundred (500) feet of school property; or
34 (C) on a school bus; or
35 (2) the person:
36 (A) has a prior conviction of any offense under:
37 (i) this section;
38 (ii) section 1 of this chapter (carrying a handgun without a
39 license) (before its repeal); or
40 (iii) section 22 of this chapter; or
41 (B) has been convicted of a felony within fifteen (15) years
42 before the date of the offense.
2024 IN 163—LS 6208/DI 144 9
1 SECTION 14. IC 35-47-2-3, AS AMENDED BY THE
2 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
3 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 3. (a) A person who is at least eighteen (18)
5 twenty-one (21) years of age and is not otherwise prohibited from
6 carrying or possessing a handgun under state or federal law is not
7 required to obtain or possess a license or permit from the state to carry
8 a handgun in Indiana. A resident of this state person who wishes to
9 carry a firearm in another state under a reciprocity agreement entered
10 into by this state and another state may obtain a license to carry a
11 handgun in Indiana under this chapter by applying as follows:
12 (1) If the applicant is a resident of this state:
13 (A) to the chief of police or corresponding law enforcement
14 officer of the municipality in which the applicant resides; or
15 (2) (B) if that municipality has no such officer, or if the
16 applicant does not reside in a municipality, to the sheriff of the
17 county in which the applicant resides after the applicant has
18 obtained an application form prescribed by the superintendent.
19 or
20 (3) (2) If the applicant is a resident of another state and has a
21 regular place of business or employment in Indiana, to the sheriff
22 of the county in which the applicant has a regular place of
23 business or employment.
24 The superintendent and local law enforcement agencies shall allow an
25 applicant desiring to obtain or renew a license to carry a handgun to
26 submit an application electronically under this chapter if funds are
27 available to establish and maintain an electronic application system.
28 (b) This subsection applies before July 1, 2020. The law
29 enforcement agency which accepts an application for a handgun license
30 shall collect the following application fees:
31 (1) From a person applying for a four (4) year handgun license, a
32 ten dollar ($10) application fee, five dollars ($5) of which shall be
33 refunded if the license is not issued.
34 (2) From a person applying for a lifetime handgun license who
35 does not currently possess a valid Indiana handgun license, a fifty
36 dollar ($50) application fee, thirty dollars ($30) of which shall be
37 refunded if the license is not issued.
38 (3) From a person applying for a lifetime handgun license who
39 currently possesses a valid Indiana handgun license, a forty dollar
40 ($40) application fee, thirty dollars ($30) of which shall be
41 refunded if the license is not issued.
42 Except as provided in subsection (j), the fee shall be deposited into the
2024 IN 163—LS 6208/DI 144 10
1 law enforcement agency's firearms training fund or other appropriate
2 training activities fund and used by the agency to train law enforcement
3 officers in the proper use of firearms or in other law enforcement
4 duties, or to purchase firearms, firearm related equipment, or body
5 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
6 employed by the law enforcement agency. The state board of accounts
7 shall establish rules for the proper accounting and expenditure of funds
8 collected under this subsection.
9 (c) This subsection applies after June 30, 2020, and before July 1,
10 2021. The law enforcement agency which accepts an application for a
11 handgun license shall not collect a fee from a person applying for a five
12 (5) year handgun license and shall collect the following application
13 fees:
14 (1) From a person applying for a lifetime handgun license who
15 does not currently possess a valid Indiana handgun license, a fifty
16 dollar ($50) application fee, thirty dollars ($30) of which shall be
17 refunded if the license is not issued.
18 (2) From a person applying for a lifetime handgun license who
19 currently possesses a valid Indiana handgun license, a forty dollar
20 ($40) application fee, thirty dollars ($30) of which shall be
21 refunded if the license is not issued.
22 Except as provided in subsection (j), the fee shall be deposited into the
23 law enforcement agency's firearms training fund or other appropriate
24 training activities fund and used by the agency to train law enforcement
25 officers in the proper use of firearms or in other law enforcement
26 duties, or to purchase firearms, firearm related equipment, or body
27 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
28 employed by the law enforcement agency. The state board of accounts
29 shall establish rules for the proper accounting and expenditure of funds
30 collected under this subsection.
31 (d) This subsection applies after June 30, 2021. The law
32 enforcement agency which accepts an application for a handgun license
33 shall not collect a fee from a person applying for a handgun license.
34 (e) The officer to whom the application is made shall ascertain the
35 applicant's name, full address, length of residence in the community,
36 whether the applicant's residence is located within the limits of any city
37 or town, the applicant's occupation, place of business or employment,
38 criminal record, if any, and convictions (minor traffic offenses
39 excepted), age, race, sex, nationality, date of birth, citizenship, height,
40 weight, build, color of hair, color of eyes, scars and marks, whether the
41 applicant has previously held an Indiana license to carry a handgun
42 and, if so, the serial number of the license and year issued, whether the
2024 IN 163—LS 6208/DI 144 11
1 applicant's license has ever been suspended or revoked, and if so, the
2 year and reason for the suspension or revocation, and the applicant's
3 reason for desiring a license. If the applicant is not a United States
4 citizen, the officer to whom the application is made shall ascertain the
5 applicant's country of citizenship, place of birth, and any alien or
6 admission number issued by the United States Citizenship and
7 Immigration Services or United States Customs and Border Protection
8 or any successor agency as applicable. The officer to whom the
9 application is made shall conduct an investigation into the applicant's
10 official records and verify thereby the applicant's character and
11 reputation, and shall in addition verify for accuracy the information
12 contained in the application, and shall forward this information
13 together with the officer's recommendation for approval or disapproval
14 and one (1) set of legible and classifiable fingerprints of the applicant
15 to the superintendent. An investigation conducted under this section
16 must include the consulting of available local, state, and federal
17 criminal history data banks, including the National Instant Criminal
18 Background Check System (NICS), to determine whether possession
19 of a firearm by an applicant would be a violation of state or federal law.
20 (f) The superintendent may make whatever further investigation the
21 superintendent deems necessary. Whenever disapproval is
22 recommended, the officer to whom the application is made shall
23 provide the superintendent and the applicant with the officer's complete
24 and specific reasons, in writing, for the recommendation of
25 disapproval.
26 (g) If it appears to the superintendent that the applicant:
27 (1) has a proper reason for receiving a license to carry a handgun;
28 (2) is of good character and reputation;
29 (3) is a proper person to be licensed; and
30 (4) is:
31 (A) a citizen of the United States; or
32 (B) not a citizen of the United States but is allowed to carry a
33 firearm in the United States under federal law;
34 the superintendent shall issue to the applicant a license to carry a
35 handgun in Indiana. The original license shall be delivered to the
36 licensee. A copy shall be delivered to the officer to whom the
37 application for license was made. A copy shall be retained by the
38 superintendent for at least five (5) years in the case of a five (5) year
39 license. The superintendent may adopt guidelines to establish a records
40 retention policy for a lifetime license. A five (5) year license shall be
41 valid for a period of five (5) years from the date of issue. A lifetime
42 license is valid for the life of the individual receiving the license. The
2024 IN 163—LS 6208/DI 144 12
1 license of police officers, sheriffs or their deputies, and law
2 enforcement officers of the United States government who have twenty
3 (20) or more years of service shall be valid for the life of these
4 individuals. However, a lifetime license is automatically revoked if the
5 license holder does not remain a proper person.
6 (h) At the time a license is issued and delivered to a licensee under
7 subsection (g), the superintendent shall include with the license
8 information concerning firearms safety rules that:
9 (1) neither opposes nor supports an individual's right to bear
10 arms; and
11 (2) is:
12 (A) recommended by a nonprofit educational organization that
13 is dedicated to providing education on safe handling and use
14 of firearms;
15 (B) prepared by the state police department; and
16 (C) approved by the superintendent.
17 The superintendent may not deny a license under this section because
18 the information required under this subsection is unavailable at the
19 time the superintendent would otherwise issue a license. The state
20 police department may accept private donations or grants to defray the
21 cost of printing and mailing the information required under this
22 subsection.
23 (i) A license to carry a handgun shall not be issued to any person
24 who:
25 (1) has been convicted of a felony;
26 (2) has had a license to carry a handgun suspended, unless the
27 person's license has been reinstated;
28 (3) is under eighteen (18) twenty-one (21) years of age;
29 (4) is under twenty-three (23) years of age if the person has been
30 adjudicated a delinquent child for an act that would be a felony if
31 committed by an adult;
32 (5) has been arrested for a Class A or Class B felony for an
33 offense committed before July 1, 2014, for a Level 1, Level 2,
34 Level 3, or Level 4 felony for an offense committed after June 30,
35 2014, or any other felony that was committed while armed with
36 a deadly weapon or that involved the use of violence, if a court
37 has found probable cause to believe that the person committed the
38 offense charged;
39 (6) is prohibited by federal law from possessing or receiving
40 firearms under 18 U.S.C. 922(g); or
41 (7) is described in IC 35-47-2-1.5, section 1.5 of this chapter,
42 unless exempted by IC 35-47-2-1.5. section 1.5 of this chapter.
2024 IN 163—LS 6208/DI 144 13
1 In the case of an arrest under subdivision (5), a license to carry a
2 handgun may be issued to a person who has been acquitted of the
3 specific offense charged or if the charges for the specific offense are
4 dismissed. The superintendent shall prescribe all forms to be used in
5 connection with the administration of this chapter.
6 (j) If the law enforcement agency that charges a fee under
7 subsection (b) or (c) is a city or town law enforcement agency, the fee
8 shall be deposited in the law enforcement continuing education fund
9 established under IC 5-2-8-2.
10 (k) If a person who holds a valid license to carry a handgun issued
11 under this chapter:
12 (1) changes the person's name;
13 (2) changes the person's address; or
14 (3) experiences a change, including an arrest or a conviction, that
15 may affect the person's status as a proper person (as defined in
16 IC 35-47-1-7) or otherwise disqualify the person from holding a
17 license;
18 the person shall, not later than thirty (30) days after the date of a
19 change described under subdivision (3), and not later than sixty (60)
20 days after the date of the change described under subdivision (1) or (2),
21 notify the superintendent, in writing, of the event described under
22 subdivision (3) or, in the case of a change under subdivision (1) or (2),
23 the person's new name or new address.
24 (l) The state police shall indicate on the form for a license to carry
25 a handgun the notification requirements of subsection (k).
26 (m) The state police department shall adopt rules under IC 4-22-2
27 to implement an electronic application system under subsection (a).
28 Rules adopted under this section must require the superintendent to
29 keep on file one (1) set of classifiable and legible fingerprints from
30 every person who has received a license to carry a handgun so that a
31 person who applies to renew a license will not be required to submit an
32 additional set of fingerprints.
33 (n) Except as provided in subsection (o), for purposes of
34 IC 5-14-3-4(a)(1), the following information is confidential, may not
35 be published, and is not open to public inspection:
36 (1) Information submitted by a person under this section to:
37 (A) obtain; or
38 (B) renew;
39 a license to carry a handgun.
40 (2) Information obtained by a federal, state, or local government
41 entity in the course of an investigation concerning a person who
42 applies to:
2024 IN 163—LS 6208/DI 144 14
1 (A) obtain; or
2 (B) renew;
3 a license to carry a handgun issued under this chapter.
4 (3) The name, address, and any other information that may be
5 used to identify a person who holds a license to carry a handgun
6 issued under this chapter.
7 (o) Notwithstanding subsection (n):
8 (1) any information concerning an applicant for or a person who
9 holds a license to carry a handgun issued under this chapter may
10 be released to a:
11 (A) state or local government entity:
12 (i) for law enforcement purposes; or
13 (ii) to determine the validity of a license to carry a handgun;
14 or
15 (B) federal government entity for the purpose of a single entry
16 query of an applicant or license holder who is:
17 (i) a subject of interest in an active criminal investigation; or
18 (ii) arrested for a crime; and
19 (2) general information concerning the issuance of licenses to
20 carry handguns in Indiana may be released to a person conducting
21 journalistic or academic research, but only if all personal
22 information that could disclose the identity of any person who
23 holds a license to carry a handgun issued under this chapter has
24 been removed from the general information.
25 (p) A person who holds a valid license to carry a handgun under this
26 chapter is licensed to carry a handgun in Indiana.
27 (q) A person who knowingly or intentionally violates this section
28 commits a Class B misdemeanor.
29 SECTION 15. IC 35-47-2-18, AS AMENDED BY P.L.142-2020,
30 SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]: Sec. 18. (a) No person shall: A person may not:
32 (1) remove, obliterate, or alter:
33 (A) the importer or manufacturer's serial number on any
34 firearm; or
35 (B) the name of the manufacturer, model number, or
36 manufacturer's number; or
37 (C) any other mark of identification on a firearm;
38 (2) possess any firearm on which:
39 (A) the importer or manufacturer's serial number;
40 (B) the name of the manufacturer, model number, or
41 manufacturer's number; or
42 (C) any other mark of identification on a firearm;
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1 has been removed, obliterated, or altered; or
2 (3) possess a privately made firearm.
3 (b) A person who knowingly or intentionally violates this section
4 commits a Level 5 felony.
5 SECTION 16. IC 35-52-3-47.5 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2024]: Sec. 47.5. IC 3-14-3-4.5 defines a
8 crime concerning firearms and voting.
2024 IN 163—LS 6208/DI 144