Introduced Version HOUSE BILL No. 1170 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 35-31.5-2; IC 35-47. Synopsis: Elimination of gun-free zones. Provides, with some exceptions, that beginning July 1, 2025, the state of Indiana may not regulate: (1) firearms, ammunition, and firearm accessories; and (2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories. Specifies that a certain provision of an ordinance, measure, enactment, rule, policy, or exercise of proprietary authority is void. Provides that a person not otherwise prohibited from carrying or possessing a firearm under federal or state law may carry or possess a firearm, without restriction, on certain property affiliated with the following state agencies beginning July 1, 2025: (1) The department of natural resources. (2) The state fair commission. (3) The department of administration. (4) The department of workforce development. Prohibits, with some exceptions, a state educational institution (institution) from regulating the possession or transportation of firearms, ammunition, or firearm accessories in particular places. Allows a person to bring an action against an institution if the person is adversely affected by certain rules concerning firearms. Effective: Upon passage. Lucas January 8, 2025, read first time and referred to Committee on Public Policy. 2025 IN 1170—LS 6507/DI 144 Introduced First Regular Session of the 124th General Assembly (2025) 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 2024 Regular Session of the General Assembly. HOUSE BILL No. 1170 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 35-31.5-2-9.8 IS ADDED TO THE INDIANA 2 CODE AS A NEW SECTION TO READ AS FOLLOWS 3 [EFFECTIVE UPON PASSAGE]: Sec. 9.8. "Adversely affected", for 4 purposes of IC 35-47-17-5, has the meaning set forth in 5 IC 35-47-17-6. 6 SECTION 2. IC 35-31.5-2-47.3 IS ADDED TO THE INDIANA 7 CODE AS A NEW SECTION TO READ AS FOLLOWS 8 [EFFECTIVE UPON PASSAGE]: Sec. 47.3. "Commission", for 9 purposes of IC 35-47-11.1-4.1, has the meaning set forth in 10 IC 35-47-11.1-4.1(a). 11 SECTION 3. IC 35-31.5-2-89.5 IS ADDED TO THE INDIANA 12 CODE AS A NEW SECTION TO READ AS FOLLOWS 13 [EFFECTIVE UPON PASSAGE]: Sec. 89.5. (a) "Department", for 14 purposes of IC 35-47-11.1-4.5, has the meaning set forth in 15 IC 35-47-11.1-4.5(a). 16 (b) "Department", for purposes of IC 35-47-11.1-4.6, has the 17 meaning set forth in IC 35-47-11.1-4.6(a). 2025 IN 1170—LS 6507/DI 144 2 1 (c) "Department", for purposes of IC 35-47-11.1-4.7, has the 2 meaning set forth in IC 35-47-11.1-4.7(a). 3 SECTION 4. IC 35-31.5-2-311.5 IS ADDED TO THE INDIANA 4 CODE AS A NEW SECTION TO READ AS FOLLOWS 5 [EFFECTIVE UPON PASSAGE]: Sec. 311.5. "State educational 6 institution", for purposes of IC 35-47-17, has the meaning set forth 7 in IC 21-7-13-32. 8 SECTION 5. IC 35-47-1-2.5, AS ADDED BY P.L.152-2011, 9 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 10 UPON PASSAGE]: Sec. 2.5. "Ammunition", for purposes of 11 IC 35-47-11.1 and IC 35-47-17, means: 12 (1) fixed cartridge ammunition; 13 (2) shotgun shells; 14 (3) the individual components of fixed cartridge ammunition and 15 shotgun shells; 16 (4) projectiles for muzzle loading firearms; and 17 (5) any propellant used in a firearm or in firearm ammunition. 18 SECTION 6. IC 35-47-11.1-2, AS ADDED BY P.L.152-2011, 19 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 20 UPON PASSAGE]: Sec. 2. (a) Except as provided in section 4 of this 21 chapter, a political subdivision may not regulate: 22 (1) firearms, ammunition, and firearm accessories; 23 (2) the ownership, possession, carrying, transportation, 24 registration, transfer, and storage of firearms, ammunition, and 25 firearm accessories; and 26 (3) commerce in and taxation of firearms, firearm ammunition, 27 and firearm accessories. 28 (b) Except as provided in section 4 of this chapter, beginning 29 July 1, 2025, the state may not regulate: 30 (1) firearms, ammunition, and firearm accessories; and 31 (2) the ownership, possession, carrying, transportation, 32 registration, transfer, and storage of firearms, ammunition, 33 and firearm accessories. 34 SECTION 7. IC 35-47-11.1-3, AS ADDED BY P.L.152-2011, 35 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 36 UPON PASSAGE]: Sec. 3. (a) Any provision of an ordinance, 37 measure, enactment, rule, or policy, or exercise of proprietary authority 38 of a political subdivision, or of an employee or agent of a political 39 subdivision acting in an official capacity: 40 (1) enacted or undertaken before, on, or after June 30, 2011; and 41 (2) that pertains to or affects the matters listed in section 2 2(a) of 42 this chapter; 2025 IN 1170—LS 6507/DI 144 3 1 is void. 2 (b) Any provision of an ordinance, measure, enactment, rule, 3 policy, or exercise of proprietary authority of the state: 4 (1) enacted or undertaken before, on, or after July 1, 2025; 5 and 6 (2) that pertains to or affects the matters listed in section 2(b) 7 of this chapter; 8 is void. 9 SECTION 8. IC 35-47-11.1-4, AS AMENDED BY P.L.175-2022, 10 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 11 UPON PASSAGE]: Sec. 4. This chapter may not be construed to 12 prevent any of the following: 13 (1) A law enforcement agency of a political subdivision from 14 enacting and enforcing regulations pertaining to firearms, 15 ammunition, or firearm accessories issued to or used by law 16 enforcement officers in the course of their official duties. 17 (2) Subject to IC 34-28-7-2, an employer from regulating or 18 prohibiting the employees of the employer from carrying firearms 19 and ammunition in the course of the employee's official duties. 20 (3) A court or administrative law judge from hearing and 21 resolving any case or controversy or issuing any opinion or order 22 on a matter within the jurisdiction of the court or judge. 23 (4) The enactment or enforcement of generally applicable zoning 24 or business ordinances that apply to firearms businesses to the 25 same degree as other similar businesses. However, a provision of 26 an ordinance that is designed or enforced to effectively restrict or 27 prohibit the sale, purchase, transfer, manufacture, or display of 28 firearms, ammunition, or firearm accessories that is otherwise 29 lawful under the laws of this state is void. A unit (as defined in 30 IC 36-1-2-23) may not use the unit's planning and zoning powers 31 under IC 36-7-4 to prohibit the sale of firearms within a 32 prescribed distance of any other type of commercial property or 33 of school property or other educational property. 34 (5) Subject to IC 35-47-16-1, the enactment or enforcement of a 35 provision prohibiting or restricting the possession of a firearm in 36 any building that contains the courtroom of a circuit, superior, 37 city, town, or small claims court. However, if a portion of the 38 building is occupied by a residential tenant or private business, 39 any provision restricting or prohibiting the possession of a firearm 40 does not apply to the portion of the building that is occupied by 41 the residential tenant or private business, or to common areas of 42 the building used by a residential tenant or private business. 2025 IN 1170—LS 6507/DI 144 4 1 (6) The enactment or enforcement of a provision prohibiting or 2 restricting the intentional display of a firearm at a public meeting. 3 (7) The enactment or enforcement of a provision prohibiting or 4 restricting the possession of a firearm in a public hospital 5 corporation that contains a secure correctional health unit that is 6 staffed by a law enforcement officer twenty-four (24) hours a day. 7 (8) The imposition of any restriction or condition placed on a 8 person participating in: 9 (A) a community corrections program (IC 11-12-1); 10 (B) a forensic diversion program (IC 11-12-3.7); or 11 (C) a pretrial diversion program (IC 33-39-1). 12 (9) The enforcement or prosecution of: 13 (A) the offense of criminal recklessness (IC 35-42-2-2) 14 involving the use of a firearm; and 15 (B) beginning July 1, 2025, any other criminal offense 16 involving the unlawful carrying, display, possession, or use 17 of a firearm. 18 (10) For an event occurring on property leased from a political 19 subdivision or municipal corporation by the promoter or organizer 20 of the event: 21 (A) the establishment, by the promoter or organizer, at the 22 promoter's or organizer's own discretion, of rules of conduct or 23 admission upon which attendance at or participation in the 24 event is conditioned; or 25 (B) the implementation or enforcement of the rules of conduct 26 or admission described in clause (A) by a political subdivision 27 or municipal corporation in connection with the event. 28 (11) The enactment or enforcement of a provision prohibiting or 29 restricting the possession of a firearm in a hospital established 30 and operated under IC 16-22-2 or IC 16-23. 31 (12) A unit from using the unit's planning and zoning powers 32 under IC 36-7-4 to prohibit the sale of firearms within two 33 hundred (200) feet of a school by a person having a business that 34 did not sell firearms within two hundred (200) feet of a school 35 before April 1, 1994. 36 (13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23) 37 from enacting or enforcing a provision prohibiting or restricting 38 the possession of a firearm in a building owned or administered 39 by the unit if: 40 (A) metal detection devices are located at each public entrance 41 to the building; 42 (B) each public entrance to the building is staffed by at least 2025 IN 1170—LS 6507/DI 144 5 1 one (1) law enforcement officer: 2 (i) who has been adequately trained to conduct inspections 3 of persons entering the building by use of metal detection 4 devices and proper physical pat down searches; and 5 (ii) when the building is open to the public; and 6 (C) each: 7 (i) individual who enters the building through the public 8 entrance when the building is open to the public; and 9 (ii) bag, package, and other container carried by the 10 individual; 11 is inspected by a law enforcement officer described in clause 12 (B). 13 However, except as provided in subdivision (5) concerning a 14 building that contains a courtroom, a unit may not prohibit or 15 restrict the possession of a handgun under this subdivision in a 16 building owned or administered by the unit if the person who 17 possesses the handgun is not otherwise prohibited from carrying 18 or possessing a handgun. 19 SECTION 9. IC 35-47-11.1-4.1 IS ADDED TO THE INDIANA 20 CODE AS A NEW SECTION TO READ AS FOLLOWS 21 [EFFECTIVE UPON PASSAGE]: Sec. 4.1. (a) As used in this section, 22 "commission" means the state fair commission. 23 (b) 80 IAC 7-1-16(a)(1) is void July 1, 2025. The publisher of the 24 Indiana Administrative Code and Indiana Register shall remove 80 25 IAC 7-1-16(a)(1) from the Indiana Administrative Code after July 26 1, 2025. 27 (c) A person not otherwise prohibited from carrying or 28 possessing a firearm under federal or state law is permitted 29 beginning July 1, 2025, to carry or possess, without restriction, a 30 firearm on any property: 31 (1) affiliated with; 32 (2) operated or managed by; 33 (3) owned by; or 34 (4) leased by; 35 the commission. 36 (d) A rule adopted by the commission that conflicts with 37 subsection (c) after June 30, 2025, is void. 38 (e) Before July 1, 2025, the commission shall adopt interim rules 39 under IC 4-22-2-37.2 to implement this section and to ensure that 40 80 IAC 11-2-2 conforms with subsection (c). An interim rule 41 adopted by the commission under this subsection expires on the 42 earlier of the following: 2025 IN 1170—LS 6507/DI 144 6 1 (1) The date the interim rule is amended or repealed by a later 2 rule adopted under IC 4-22-2. 3 (2) The date that interim rules expire under IC 4-22-2-37.2(k). 4 (f) The commission shall adopt rules under IC 4-22-2 that 5 conform with subsection (c) not later than July 1, 2026. 6 SECTION 10. IC 35-47-11.1-4.5 IS ADDED TO THE INDIANA 7 CODE AS A NEW SECTION TO READ AS FOLLOWS 8 [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) As used in this section, 9 "department" means the Indiana department of administration. 10 (b) As used in this section, "Indiana government center 11 campus" has the meaning set forth in 25 IAC 8-2-1(4). 12 (c) 25 IAC 8-2-1(1)(A) is void July 1, 2025. The publisher of the 13 Indiana Administrative Code and Indiana Register shall remove 25 14 IAC 8-2-1(1)(A) from the Indiana Administrative Code after July 15 1, 2025. 16 (d) A person not otherwise prohibited from carrying or 17 possessing a firearm under federal or state law is permitted 18 beginning July 1, 2025, to carry or possess, without restriction, a 19 firearm on the Indiana government center campus and any 20 property: 21 (1) affiliated with; 22 (2) operated or managed by; 23 (3) owned by; or 24 (4) leased by; 25 the department. 26 (e) A rule adopted by the department that conflicts with 27 subsection (d) after June 30, 2025, is void. 28 (f) Before July 1, 2025, the department shall adopt interim rules 29 under IC 4-22-2-37.2 to implement this section and to ensure that 30 25 IAC 8-3-1 and 25 IAC 8-3-3 conform with subsection (d). An 31 interim rule adopted by the department under this subsection 32 expires on the earlier of the following: 33 (1) The date the interim rule is amended or repealed by a later 34 rule adopted under IC 4-22-2. 35 (2) The date that interim rules expire under IC 4-22-2-37.2(k). 36 (g) The department shall adopt rules under IC 4-22-2 that 37 conform with subsection (d) not later than July 1, 2026. 38 SECTION 11. IC 35-47-11.1-4.6 IS ADDED TO THE INDIANA 39 CODE AS A NEW SECTION TO READ AS FOLLOWS 40 [EFFECTIVE UPON PASSAGE]: Sec. 4.6. (a) As used in this section, 41 "department" means the department of natural resources. 42 (b) A person not otherwise prohibited from carrying or 2025 IN 1170—LS 6507/DI 144 7 1 possessing a firearm under federal or state law is permitted 2 beginning July 1, 2025, to carry or possess, without restriction, a 3 firearm on any property: 4 (1) affiliated with; 5 (2) operated or managed by; 6 (3) owned by; or 7 (4) leased by; 8 the department. 9 (c) A rule adopted by the department that conflicts with 10 subsection (b) after June 30, 2025, is void. 11 (d) Before July 1, 2025, the department shall adopt interim rules 12 under IC 4-22-2-37.2 to implement this section and to ensure that 13 312 IAC 8-2-3 conforms with subsection (b). An emergency rule 14 adopted by the department under this subsection expires on the 15 earlier of the following: 16 (1) The date the interim rule is amended or repealed by a later 17 rule adopted under IC 4-22-2. 18 (2) The date that interim rules expire under IC 4-22-2-37.2(k). 19 (e) The department shall adopt rules under IC 4-22-2 that 20 conform to subsection (b) not later than July 1, 2026. 21 SECTION 12. IC 35-47-11.1-4.7 IS ADDED TO THE INDIANA 22 CODE AS A NEW SECTION TO READ AS FOLLOWS 23 [EFFECTIVE UPON PASSAGE]: Sec. 4.7. (a) As used in this section, 24 "department" means the department of workforce development. 25 (b) 646 IAC 5-13-2(1)(A) is void July 1, 2025. The publisher of 26 the Indiana Administrative Code and Indiana Register shall 27 remove 646 IAC 5-13-2(1)(A) from the Indiana Administrative 28 Code after July 1, 2025. 29 (c) A person not otherwise prohibited from carrying or 30 possessing a firearm under federal or state law is permitted 31 beginning July 1, 2025, to carry or possess, without restriction, a 32 firearm on any property: 33 (1) affiliated with; 34 (2) operated or managed by; 35 (3) owned by; or 36 (4) leased by; 37 the department. 38 (d) A rule adopted by the department that conflicts with 39 subsection (c) after June 30, 2025, is void. 40 (e) Before July 1, 2025, the department shall adopt interim rules 41 under IC 4-22-2-37.2 to implement this section and to ensure that 42 646 IAC 5-13-3 and 646 IAC 5-13-4 conform with subsection (c). 2025 IN 1170—LS 6507/DI 144 8 1 An interim rule adopted by the department under this subsection 2 expires on the earlier of the following: 3 (1) The date the interim rule is amended or repealed by a later 4 rule adopted under IC 4-22-2. 5 (2) The date that interim rules expire under IC 4-22-2-37.2(k). 6 (f) The department shall adopt rules under IC 4-22-2 that 7 conform to subsection (c) not later than July 1, 2026. 8 SECTION 13. IC 35-47-17 IS ADDED TO THE INDIANA CODE 9 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 10 UPON PASSAGE]: 11 Chapter 17. Possession and Transportation of Firearms on the 12 Property of a State Educational Institution 13 Sec. 1. This chapter does not apply to the administration or 14 enforcement of: 15 (1) a statute enacted by the general assembly that: 16 (A) specifically concerns the ownership, possession, 17 carrying, use, discharge, transportation, registration, 18 transfer, or storage of firearms, ammunition, or firearm 19 accessories; and 20 (B) specifies the elements of a crime or an infraction; or 21 (2) federal law. 22 Sec. 2. Except as provided in section 4 of this chapter, a state 23 educational institution may not regulate the possession or 24 transportation of firearms, ammunition, or firearm accessories: 25 (1) on land that is; or 26 (2) in buildings or other structures that are; 27 owned, leased, or managed by the state educational institution. 28 Sec. 3. Any provision of a rule, measure, enactment, or policy 29 implemented by a state educational institution that: 30 (1) is enacted or undertaken before, on, or after July 1, 2025; 31 and 32 (2) pertains to or affects any matter described in section 2 of 33 this chapter; 34 is void. 35 Sec. 4. Section 2 of this chapter may not be construed to prevent 36 any of the following: 37 (1) A law enforcement agency from enacting and enforcing 38 rules or policies concerning firearms, ammunition, or firearm 39 accessories issued to or used by law enforcement officers in 40 the course of the officers' official duties. 41 (2) A court or an administrative law judge from hearing and 42 resolving any case or controversy, or issuing any opinion or 2025 IN 1170—LS 6507/DI 144 9 1 order, on a matter within the jurisdiction of the court or 2 judge. 3 (3) The imposition of any restriction or condition placed on a 4 person: 5 (A) participating in a: 6 (i) community corrections program (IC 11-12-1); 7 (ii) forensic diversion program (IC 11-12-3.7); or 8 (iii) pretrial diversion program (IC 33-39-1); or 9 (B) subject to a protective order issued under IC 34-26-5. 10 Sec. 5. Notwithstanding IC 34-13-3, a person adversely affected 11 by a rule, measure, enactment, or policy adopted or enforced by a 12 state educational institution that violates this chapter may bring an 13 action, in a court with appropriate jurisdiction, against the state 14 educational institution for: 15 (1) declarative and injunctive relief; and 16 (2) actual and consequential damages attributable to the state 17 educational institution's violation of section 2 of this chapter. 18 Sec. 6. A person is adversely affected, for purposes of section 5 19 of this chapter, if either of the following applies: 20 (1) The person is an individual who meets all of the following 21 requirements: 22 (A) The individual lawfully resides within the United 23 States. 24 (B) The individual may legally possess a firearm under 25 Indiana law. 26 (C) The individual is or was subject to the rule, measure, 27 enactment, or policy of the state educational institution 28 that is the subject of an action brought under section 5 of 29 this chapter. An individual is or was subject to the rule, 30 measure, enactment, or policy of the state educational 31 institution if the individual is or was physically present 32 within the jurisdiction of the state educational institution 33 for any reason. 34 (2) The person is a membership organization that: 35 (A) includes at least two (2) individuals described in 36 subdivision (1); and 37 (B) is dedicated in whole or in part to protecting the rights 38 of persons who possess, own, or use firearms for 39 competitive, sporting, defensive, or other lawful purposes. 40 Sec. 7. Notwithstanding IC 34-13-3, a prevailing plaintiff in an 41 action brought under section 5 of this chapter is entitled to recover 42 the following from the state educational institution: 2025 IN 1170—LS 6507/DI 144 10 1 (1) The greater of the following: 2 (A) Actual damages, including consequential damages. 3 (B) Liquidated damages equal to three (3) times the 4 plaintiff's attorney's fees. 5 (2) Court costs (including fees). 6 (3) Reasonable attorney's fees. 7 SECTION 14. An emergency is declared for this act. 2025 IN 1170—LS 6507/DI 144