Indiana 2025 Regular Session

Indiana House Bill HB1170 Compare Versions

Only one version of the bill is available at this time.
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22 Introduced Version
33 HOUSE BILL No. 1170
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 35-31.5-2; IC 35-47.
77 Synopsis: Elimination of gun-free zones. Provides, with some
88 exceptions, that beginning July 1, 2025, the state of Indiana may not
99 regulate: (1) firearms, ammunition, and firearm accessories; and (2) the
1010 ownership, possession, carrying, transportation, registration, transfer,
1111 and storage of firearms, ammunition, and firearm accessories. Specifies
1212 that a certain provision of an ordinance, measure, enactment, rule,
1313 policy, or exercise of proprietary authority is void. Provides that a
1414 person not otherwise prohibited from carrying or possessing a firearm
1515 under federal or state law may carry or possess a firearm, without
1616 restriction, on certain property affiliated with the following state
1717 agencies beginning July 1, 2025: (1) The department of natural
1818 resources. (2) The state fair commission. (3) The department of
1919 administration. (4) The department of workforce development.
2020 Prohibits, with some exceptions, a state educational institution
2121 (institution) from regulating the possession or transportation of
2222 firearms, ammunition, or firearm accessories in particular places.
2323 Allows a person to bring an action against an institution if the person
2424 is adversely affected by certain rules concerning firearms.
2525 Effective: Upon passage.
2626 Lucas
2727 January 8, 2025, read first time and referred to Committee on Public Policy.
2828 2025 IN 1170—LS 6507/DI 144 Introduced
2929 First Regular Session of the 124th General Assembly (2025)
3030 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3131 Constitution) is being amended, the text of the existing provision will appear in this style type,
3232 additions will appear in this style type, and deletions will appear in this style type.
3333 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3434 provision adopted), the text of the new provision will appear in this style type. Also, the
3535 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3636 a new provision to the Indiana Code or the Indiana Constitution.
3737 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3838 between statutes enacted by the 2024 Regular Session of the General Assembly.
3939 HOUSE BILL No. 1170
4040 A BILL FOR AN ACT to amend the Indiana Code concerning
4141 criminal law and procedure.
4242 Be it enacted by the General Assembly of the State of Indiana:
4343 1 SECTION 1. IC 35-31.5-2-9.8 IS ADDED TO THE INDIANA
4444 2 CODE AS A NEW SECTION TO READ AS FOLLOWS
4545 3 [EFFECTIVE UPON PASSAGE]: Sec. 9.8. "Adversely affected", for
4646 4 purposes of IC 35-47-17-5, has the meaning set forth in
4747 5 IC 35-47-17-6.
4848 6 SECTION 2. IC 35-31.5-2-47.3 IS ADDED TO THE INDIANA
4949 7 CODE AS A NEW SECTION TO READ AS FOLLOWS
5050 8 [EFFECTIVE UPON PASSAGE]: Sec. 47.3. "Commission", for
5151 9 purposes of IC 35-47-11.1-4.1, has the meaning set forth in
5252 10 IC 35-47-11.1-4.1(a).
5353 11 SECTION 3. IC 35-31.5-2-89.5 IS ADDED TO THE INDIANA
5454 12 CODE AS A NEW SECTION TO READ AS FOLLOWS
5555 13 [EFFECTIVE UPON PASSAGE]: Sec. 89.5. (a) "Department", for
5656 14 purposes of IC 35-47-11.1-4.5, has the meaning set forth in
5757 15 IC 35-47-11.1-4.5(a).
5858 16 (b) "Department", for purposes of IC 35-47-11.1-4.6, has the
5959 17 meaning set forth in IC 35-47-11.1-4.6(a).
6060 2025 IN 1170—LS 6507/DI 144 2
6161 1 (c) "Department", for purposes of IC 35-47-11.1-4.7, has the
6262 2 meaning set forth in IC 35-47-11.1-4.7(a).
6363 3 SECTION 4. IC 35-31.5-2-311.5 IS ADDED TO THE INDIANA
6464 4 CODE AS A NEW SECTION TO READ AS FOLLOWS
6565 5 [EFFECTIVE UPON PASSAGE]: Sec. 311.5. "State educational
6666 6 institution", for purposes of IC 35-47-17, has the meaning set forth
6767 7 in IC 21-7-13-32.
6868 8 SECTION 5. IC 35-47-1-2.5, AS ADDED BY P.L.152-2011,
6969 9 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7070 10 UPON PASSAGE]: Sec. 2.5. "Ammunition", for purposes of
7171 11 IC 35-47-11.1 and IC 35-47-17, means:
7272 12 (1) fixed cartridge ammunition;
7373 13 (2) shotgun shells;
7474 14 (3) the individual components of fixed cartridge ammunition and
7575 15 shotgun shells;
7676 16 (4) projectiles for muzzle loading firearms; and
7777 17 (5) any propellant used in a firearm or in firearm ammunition.
7878 18 SECTION 6. IC 35-47-11.1-2, AS ADDED BY P.L.152-2011,
7979 19 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8080 20 UPON PASSAGE]: Sec. 2. (a) Except as provided in section 4 of this
8181 21 chapter, a political subdivision may not regulate:
8282 22 (1) firearms, ammunition, and firearm accessories;
8383 23 (2) the ownership, possession, carrying, transportation,
8484 24 registration, transfer, and storage of firearms, ammunition, and
8585 25 firearm accessories; and
8686 26 (3) commerce in and taxation of firearms, firearm ammunition,
8787 27 and firearm accessories.
8888 28 (b) Except as provided in section 4 of this chapter, beginning
8989 29 July 1, 2025, the state may not regulate:
9090 30 (1) firearms, ammunition, and firearm accessories; and
9191 31 (2) the ownership, possession, carrying, transportation,
9292 32 registration, transfer, and storage of firearms, ammunition,
9393 33 and firearm accessories.
9494 34 SECTION 7. IC 35-47-11.1-3, AS ADDED BY P.L.152-2011,
9595 35 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9696 36 UPON PASSAGE]: Sec. 3. (a) Any provision of an ordinance,
9797 37 measure, enactment, rule, or policy, or exercise of proprietary authority
9898 38 of a political subdivision, or of an employee or agent of a political
9999 39 subdivision acting in an official capacity:
100100 40 (1) enacted or undertaken before, on, or after June 30, 2011; and
101101 41 (2) that pertains to or affects the matters listed in section 2 2(a) of
102102 42 this chapter;
103103 2025 IN 1170—LS 6507/DI 144 3
104104 1 is void.
105105 2 (b) Any provision of an ordinance, measure, enactment, rule,
106106 3 policy, or exercise of proprietary authority of the state:
107107 4 (1) enacted or undertaken before, on, or after July 1, 2025;
108108 5 and
109109 6 (2) that pertains to or affects the matters listed in section 2(b)
110110 7 of this chapter;
111111 8 is void.
112112 9 SECTION 8. IC 35-47-11.1-4, AS AMENDED BY P.L.175-2022,
113113 10 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
114114 11 UPON PASSAGE]: Sec. 4. This chapter may not be construed to
115115 12 prevent any of the following:
116116 13 (1) A law enforcement agency of a political subdivision from
117117 14 enacting and enforcing regulations pertaining to firearms,
118118 15 ammunition, or firearm accessories issued to or used by law
119119 16 enforcement officers in the course of their official duties.
120120 17 (2) Subject to IC 34-28-7-2, an employer from regulating or
121121 18 prohibiting the employees of the employer from carrying firearms
122122 19 and ammunition in the course of the employee's official duties.
123123 20 (3) A court or administrative law judge from hearing and
124124 21 resolving any case or controversy or issuing any opinion or order
125125 22 on a matter within the jurisdiction of the court or judge.
126126 23 (4) The enactment or enforcement of generally applicable zoning
127127 24 or business ordinances that apply to firearms businesses to the
128128 25 same degree as other similar businesses. However, a provision of
129129 26 an ordinance that is designed or enforced to effectively restrict or
130130 27 prohibit the sale, purchase, transfer, manufacture, or display of
131131 28 firearms, ammunition, or firearm accessories that is otherwise
132132 29 lawful under the laws of this state is void. A unit (as defined in
133133 30 IC 36-1-2-23) may not use the unit's planning and zoning powers
134134 31 under IC 36-7-4 to prohibit the sale of firearms within a
135135 32 prescribed distance of any other type of commercial property or
136136 33 of school property or other educational property.
137137 34 (5) Subject to IC 35-47-16-1, the enactment or enforcement of a
138138 35 provision prohibiting or restricting the possession of a firearm in
139139 36 any building that contains the courtroom of a circuit, superior,
140140 37 city, town, or small claims court. However, if a portion of the
141141 38 building is occupied by a residential tenant or private business,
142142 39 any provision restricting or prohibiting the possession of a firearm
143143 40 does not apply to the portion of the building that is occupied by
144144 41 the residential tenant or private business, or to common areas of
145145 42 the building used by a residential tenant or private business.
146146 2025 IN 1170—LS 6507/DI 144 4
147147 1 (6) The enactment or enforcement of a provision prohibiting or
148148 2 restricting the intentional display of a firearm at a public meeting.
149149 3 (7) The enactment or enforcement of a provision prohibiting or
150150 4 restricting the possession of a firearm in a public hospital
151151 5 corporation that contains a secure correctional health unit that is
152152 6 staffed by a law enforcement officer twenty-four (24) hours a day.
153153 7 (8) The imposition of any restriction or condition placed on a
154154 8 person participating in:
155155 9 (A) a community corrections program (IC 11-12-1);
156156 10 (B) a forensic diversion program (IC 11-12-3.7); or
157157 11 (C) a pretrial diversion program (IC 33-39-1).
158158 12 (9) The enforcement or prosecution of:
159159 13 (A) the offense of criminal recklessness (IC 35-42-2-2)
160160 14 involving the use of a firearm; and
161161 15 (B) beginning July 1, 2025, any other criminal offense
162162 16 involving the unlawful carrying, display, possession, or use
163163 17 of a firearm.
164164 18 (10) For an event occurring on property leased from a political
165165 19 subdivision or municipal corporation by the promoter or organizer
166166 20 of the event:
167167 21 (A) the establishment, by the promoter or organizer, at the
168168 22 promoter's or organizer's own discretion, of rules of conduct or
169169 23 admission upon which attendance at or participation in the
170170 24 event is conditioned; or
171171 25 (B) the implementation or enforcement of the rules of conduct
172172 26 or admission described in clause (A) by a political subdivision
173173 27 or municipal corporation in connection with the event.
174174 28 (11) The enactment or enforcement of a provision prohibiting or
175175 29 restricting the possession of a firearm in a hospital established
176176 30 and operated under IC 16-22-2 or IC 16-23.
177177 31 (12) A unit from using the unit's planning and zoning powers
178178 32 under IC 36-7-4 to prohibit the sale of firearms within two
179179 33 hundred (200) feet of a school by a person having a business that
180180 34 did not sell firearms within two hundred (200) feet of a school
181181 35 before April 1, 1994.
182182 36 (13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23)
183183 37 from enacting or enforcing a provision prohibiting or restricting
184184 38 the possession of a firearm in a building owned or administered
185185 39 by the unit if:
186186 40 (A) metal detection devices are located at each public entrance
187187 41 to the building;
188188 42 (B) each public entrance to the building is staffed by at least
189189 2025 IN 1170—LS 6507/DI 144 5
190190 1 one (1) law enforcement officer:
191191 2 (i) who has been adequately trained to conduct inspections
192192 3 of persons entering the building by use of metal detection
193193 4 devices and proper physical pat down searches; and
194194 5 (ii) when the building is open to the public; and
195195 6 (C) each:
196196 7 (i) individual who enters the building through the public
197197 8 entrance when the building is open to the public; and
198198 9 (ii) bag, package, and other container carried by the
199199 10 individual;
200200 11 is inspected by a law enforcement officer described in clause
201201 12 (B).
202202 13 However, except as provided in subdivision (5) concerning a
203203 14 building that contains a courtroom, a unit may not prohibit or
204204 15 restrict the possession of a handgun under this subdivision in a
205205 16 building owned or administered by the unit if the person who
206206 17 possesses the handgun is not otherwise prohibited from carrying
207207 18 or possessing a handgun.
208208 19 SECTION 9. IC 35-47-11.1-4.1 IS ADDED TO THE INDIANA
209209 20 CODE AS A NEW SECTION TO READ AS FOLLOWS
210210 21 [EFFECTIVE UPON PASSAGE]: Sec. 4.1. (a) As used in this section,
211211 22 "commission" means the state fair commission.
212212 23 (b) 80 IAC 7-1-16(a)(1) is void July 1, 2025. The publisher of the
213213 24 Indiana Administrative Code and Indiana Register shall remove 80
214214 25 IAC 7-1-16(a)(1) from the Indiana Administrative Code after July
215215 26 1, 2025.
216216 27 (c) A person not otherwise prohibited from carrying or
217217 28 possessing a firearm under federal or state law is permitted
218218 29 beginning July 1, 2025, to carry or possess, without restriction, a
219219 30 firearm on any property:
220220 31 (1) affiliated with;
221221 32 (2) operated or managed by;
222222 33 (3) owned by; or
223223 34 (4) leased by;
224224 35 the commission.
225225 36 (d) A rule adopted by the commission that conflicts with
226226 37 subsection (c) after June 30, 2025, is void.
227227 38 (e) Before July 1, 2025, the commission shall adopt interim rules
228228 39 under IC 4-22-2-37.2 to implement this section and to ensure that
229229 40 80 IAC 11-2-2 conforms with subsection (c). An interim rule
230230 41 adopted by the commission under this subsection expires on the
231231 42 earlier of the following:
232232 2025 IN 1170—LS 6507/DI 144 6
233233 1 (1) The date the interim rule is amended or repealed by a later
234234 2 rule adopted under IC 4-22-2.
235235 3 (2) The date that interim rules expire under IC 4-22-2-37.2(k).
236236 4 (f) The commission shall adopt rules under IC 4-22-2 that
237237 5 conform with subsection (c) not later than July 1, 2026.
238238 6 SECTION 10. IC 35-47-11.1-4.5 IS ADDED TO THE INDIANA
239239 7 CODE AS A NEW SECTION TO READ AS FOLLOWS
240240 8 [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) As used in this section,
241241 9 "department" means the Indiana department of administration.
242242 10 (b) As used in this section, "Indiana government center
243243 11 campus" has the meaning set forth in 25 IAC 8-2-1(4).
244244 12 (c) 25 IAC 8-2-1(1)(A) is void July 1, 2025. The publisher of the
245245 13 Indiana Administrative Code and Indiana Register shall remove 25
246246 14 IAC 8-2-1(1)(A) from the Indiana Administrative Code after July
247247 15 1, 2025.
248248 16 (d) A person not otherwise prohibited from carrying or
249249 17 possessing a firearm under federal or state law is permitted
250250 18 beginning July 1, 2025, to carry or possess, without restriction, a
251251 19 firearm on the Indiana government center campus and any
252252 20 property:
253253 21 (1) affiliated with;
254254 22 (2) operated or managed by;
255255 23 (3) owned by; or
256256 24 (4) leased by;
257257 25 the department.
258258 26 (e) A rule adopted by the department that conflicts with
259259 27 subsection (d) after June 30, 2025, is void.
260260 28 (f) Before July 1, 2025, the department shall adopt interim rules
261261 29 under IC 4-22-2-37.2 to implement this section and to ensure that
262262 30 25 IAC 8-3-1 and 25 IAC 8-3-3 conform with subsection (d). An
263263 31 interim rule adopted by the department under this subsection
264264 32 expires on the earlier of the following:
265265 33 (1) The date the interim rule is amended or repealed by a later
266266 34 rule adopted under IC 4-22-2.
267267 35 (2) The date that interim rules expire under IC 4-22-2-37.2(k).
268268 36 (g) The department shall adopt rules under IC 4-22-2 that
269269 37 conform with subsection (d) not later than July 1, 2026.
270270 38 SECTION 11. IC 35-47-11.1-4.6 IS ADDED TO THE INDIANA
271271 39 CODE AS A NEW SECTION TO READ AS FOLLOWS
272272 40 [EFFECTIVE UPON PASSAGE]: Sec. 4.6. (a) As used in this section,
273273 41 "department" means the department of natural resources.
274274 42 (b) A person not otherwise prohibited from carrying or
275275 2025 IN 1170—LS 6507/DI 144 7
276276 1 possessing a firearm under federal or state law is permitted
277277 2 beginning July 1, 2025, to carry or possess, without restriction, a
278278 3 firearm on any property:
279279 4 (1) affiliated with;
280280 5 (2) operated or managed by;
281281 6 (3) owned by; or
282282 7 (4) leased by;
283283 8 the department.
284284 9 (c) A rule adopted by the department that conflicts with
285285 10 subsection (b) after June 30, 2025, is void.
286286 11 (d) Before July 1, 2025, the department shall adopt interim rules
287287 12 under IC 4-22-2-37.2 to implement this section and to ensure that
288288 13 312 IAC 8-2-3 conforms with subsection (b). An emergency rule
289289 14 adopted by the department under this subsection expires on the
290290 15 earlier of the following:
291291 16 (1) The date the interim rule is amended or repealed by a later
292292 17 rule adopted under IC 4-22-2.
293293 18 (2) The date that interim rules expire under IC 4-22-2-37.2(k).
294294 19 (e) The department shall adopt rules under IC 4-22-2 that
295295 20 conform to subsection (b) not later than July 1, 2026.
296296 21 SECTION 12. IC 35-47-11.1-4.7 IS ADDED TO THE INDIANA
297297 22 CODE AS A NEW SECTION TO READ AS FOLLOWS
298298 23 [EFFECTIVE UPON PASSAGE]: Sec. 4.7. (a) As used in this section,
299299 24 "department" means the department of workforce development.
300300 25 (b) 646 IAC 5-13-2(1)(A) is void July 1, 2025. The publisher of
301301 26 the Indiana Administrative Code and Indiana Register shall
302302 27 remove 646 IAC 5-13-2(1)(A) from the Indiana Administrative
303303 28 Code after July 1, 2025.
304304 29 (c) A person not otherwise prohibited from carrying or
305305 30 possessing a firearm under federal or state law is permitted
306306 31 beginning July 1, 2025, to carry or possess, without restriction, a
307307 32 firearm on any property:
308308 33 (1) affiliated with;
309309 34 (2) operated or managed by;
310310 35 (3) owned by; or
311311 36 (4) leased by;
312312 37 the department.
313313 38 (d) A rule adopted by the department that conflicts with
314314 39 subsection (c) after June 30, 2025, is void.
315315 40 (e) Before July 1, 2025, the department shall adopt interim rules
316316 41 under IC 4-22-2-37.2 to implement this section and to ensure that
317317 42 646 IAC 5-13-3 and 646 IAC 5-13-4 conform with subsection (c).
318318 2025 IN 1170—LS 6507/DI 144 8
319319 1 An interim rule adopted by the department under this subsection
320320 2 expires on the earlier of the following:
321321 3 (1) The date the interim rule is amended or repealed by a later
322322 4 rule adopted under IC 4-22-2.
323323 5 (2) The date that interim rules expire under IC 4-22-2-37.2(k).
324324 6 (f) The department shall adopt rules under IC 4-22-2 that
325325 7 conform to subsection (c) not later than July 1, 2026.
326326 8 SECTION 13. IC 35-47-17 IS ADDED TO THE INDIANA CODE
327327 9 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
328328 10 UPON PASSAGE]:
329329 11 Chapter 17. Possession and Transportation of Firearms on the
330330 12 Property of a State Educational Institution
331331 13 Sec. 1. This chapter does not apply to the administration or
332332 14 enforcement of:
333333 15 (1) a statute enacted by the general assembly that:
334334 16 (A) specifically concerns the ownership, possession,
335335 17 carrying, use, discharge, transportation, registration,
336336 18 transfer, or storage of firearms, ammunition, or firearm
337337 19 accessories; and
338338 20 (B) specifies the elements of a crime or an infraction; or
339339 21 (2) federal law.
340340 22 Sec. 2. Except as provided in section 4 of this chapter, a state
341341 23 educational institution may not regulate the possession or
342342 24 transportation of firearms, ammunition, or firearm accessories:
343343 25 (1) on land that is; or
344344 26 (2) in buildings or other structures that are;
345345 27 owned, leased, or managed by the state educational institution.
346346 28 Sec. 3. Any provision of a rule, measure, enactment, or policy
347347 29 implemented by a state educational institution that:
348348 30 (1) is enacted or undertaken before, on, or after July 1, 2025;
349349 31 and
350350 32 (2) pertains to or affects any matter described in section 2 of
351351 33 this chapter;
352352 34 is void.
353353 35 Sec. 4. Section 2 of this chapter may not be construed to prevent
354354 36 any of the following:
355355 37 (1) A law enforcement agency from enacting and enforcing
356356 38 rules or policies concerning firearms, ammunition, or firearm
357357 39 accessories issued to or used by law enforcement officers in
358358 40 the course of the officers' official duties.
359359 41 (2) A court or an administrative law judge from hearing and
360360 42 resolving any case or controversy, or issuing any opinion or
361361 2025 IN 1170—LS 6507/DI 144 9
362362 1 order, on a matter within the jurisdiction of the court or
363363 2 judge.
364364 3 (3) The imposition of any restriction or condition placed on a
365365 4 person:
366366 5 (A) participating in a:
367367 6 (i) community corrections program (IC 11-12-1);
368368 7 (ii) forensic diversion program (IC 11-12-3.7); or
369369 8 (iii) pretrial diversion program (IC 33-39-1); or
370370 9 (B) subject to a protective order issued under IC 34-26-5.
371371 10 Sec. 5. Notwithstanding IC 34-13-3, a person adversely affected
372372 11 by a rule, measure, enactment, or policy adopted or enforced by a
373373 12 state educational institution that violates this chapter may bring an
374374 13 action, in a court with appropriate jurisdiction, against the state
375375 14 educational institution for:
376376 15 (1) declarative and injunctive relief; and
377377 16 (2) actual and consequential damages attributable to the state
378378 17 educational institution's violation of section 2 of this chapter.
379379 18 Sec. 6. A person is adversely affected, for purposes of section 5
380380 19 of this chapter, if either of the following applies:
381381 20 (1) The person is an individual who meets all of the following
382382 21 requirements:
383383 22 (A) The individual lawfully resides within the United
384384 23 States.
385385 24 (B) The individual may legally possess a firearm under
386386 25 Indiana law.
387387 26 (C) The individual is or was subject to the rule, measure,
388388 27 enactment, or policy of the state educational institution
389389 28 that is the subject of an action brought under section 5 of
390390 29 this chapter. An individual is or was subject to the rule,
391391 30 measure, enactment, or policy of the state educational
392392 31 institution if the individual is or was physically present
393393 32 within the jurisdiction of the state educational institution
394394 33 for any reason.
395395 34 (2) The person is a membership organization that:
396396 35 (A) includes at least two (2) individuals described in
397397 36 subdivision (1); and
398398 37 (B) is dedicated in whole or in part to protecting the rights
399399 38 of persons who possess, own, or use firearms for
400400 39 competitive, sporting, defensive, or other lawful purposes.
401401 40 Sec. 7. Notwithstanding IC 34-13-3, a prevailing plaintiff in an
402402 41 action brought under section 5 of this chapter is entitled to recover
403403 42 the following from the state educational institution:
404404 2025 IN 1170—LS 6507/DI 144 10
405405 1 (1) The greater of the following:
406406 2 (A) Actual damages, including consequential damages.
407407 3 (B) Liquidated damages equal to three (3) times the
408408 4 plaintiff's attorney's fees.
409409 5 (2) Court costs (including fees).
410410 6 (3) Reasonable attorney's fees.
411411 7 SECTION 14. An emergency is declared for this act.
412412 2025 IN 1170—LS 6507/DI 144