1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1482 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 35-47-11.1. |
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7 | 7 | | Synopsis: Entertainment zones. Establishes entertainment zones |
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8 | 8 | | within a consolidated city. Provides that the city-county council may |
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9 | 9 | | establish a public safety plan for all or a designated part of an |
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10 | 10 | | entertainment zone. Provides that a public safety plan for an |
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11 | 11 | | entertainment zone may include a restriction on the possession of |
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12 | 12 | | firearms within the entertainment zone, or within a particular area of |
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13 | 13 | | the entertainment zone designated by the public safety plan, during |
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14 | 14 | | certain hours. Establishes procedures for approving the public safety |
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15 | 15 | | plan. |
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16 | 16 | | Effective: July 1, 2025. |
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17 | 17 | | DeLaney |
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18 | 18 | | January 21, 2025, read first time and referred to Committee on Local Government. |
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19 | 19 | | 2025 IN 1482—LS 7213/DI 116 Introduced |
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20 | 20 | | First Regular Session of the 124th General Assembly (2025) |
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21 | 21 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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22 | 22 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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23 | 23 | | additions will appear in this style type, and deletions will appear in this style type. |
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24 | 24 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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25 | 25 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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26 | 26 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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27 | 27 | | a new provision to the Indiana Code or the Indiana Constitution. |
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28 | 28 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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29 | 29 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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30 | 30 | | HOUSE BILL No. 1482 |
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31 | 31 | | A BILL FOR AN ACT to amend the Indiana Code concerning local |
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32 | 32 | | government. |
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33 | 33 | | Be it enacted by the General Assembly of the State of Indiana: |
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34 | 34 | | 1 SECTION 1. IC 35-47-11.1-4, AS AMENDED BY P.L.175-2022, |
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35 | 35 | | 2 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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36 | 36 | | 3 JULY 1, 2025]: Sec. 4. This chapter may not be construed to prevent |
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37 | 37 | | 4 any of the following: |
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38 | 38 | | 5 (1) A law enforcement agency of a political subdivision from |
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39 | 39 | | 6 enacting and enforcing regulations pertaining to firearms, |
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40 | 40 | | 7 ammunition, or firearm accessories issued to or used by law |
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41 | 41 | | 8 enforcement officers in the course of their official duties. |
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42 | 42 | | 9 (2) Subject to IC 34-28-7-2, an employer from regulating or |
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43 | 43 | | 10 prohibiting the employees of the employer from carrying firearms |
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44 | 44 | | 11 and ammunition in the course of the employee's official duties. |
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45 | 45 | | 12 (3) A court or administrative law judge from hearing and |
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46 | 46 | | 13 resolving any case or controversy or issuing any opinion or order |
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47 | 47 | | 14 on a matter within the jurisdiction of the court or judge. |
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48 | 48 | | 15 (4) The enactment or enforcement of generally applicable zoning |
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49 | 49 | | 16 or business ordinances that apply to firearms businesses to the |
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50 | 50 | | 17 same degree as other similar businesses. However, a provision of |
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51 | 51 | | 2025 IN 1482—LS 7213/DI 116 2 |
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52 | 52 | | 1 an ordinance that is designed or enforced to effectively restrict or |
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53 | 53 | | 2 prohibit the sale, purchase, transfer, manufacture, or display of |
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54 | 54 | | 3 firearms, ammunition, or firearm accessories that is otherwise |
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55 | 55 | | 4 lawful under the laws of this state is void. A unit (as defined in |
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56 | 56 | | 5 IC 36-1-2-23) may not use the unit's planning and zoning powers |
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57 | 57 | | 6 under IC 36-7-4 to prohibit the sale of firearms within a |
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58 | 58 | | 7 prescribed distance of any other type of commercial property or |
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59 | 59 | | 8 of school property or other educational property. |
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60 | 60 | | 9 (5) Subject to IC 35-47-16-1, the enactment or enforcement of a |
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61 | 61 | | 10 provision prohibiting or restricting the possession of a firearm in |
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62 | 62 | | 11 any building that contains the courtroom of a circuit, superior, |
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63 | 63 | | 12 city, town, or small claims court. However, if a portion of the |
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64 | 64 | | 13 building is occupied by a residential tenant or private business, |
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65 | 65 | | 14 any provision restricting or prohibiting the possession of a firearm |
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66 | 66 | | 15 does not apply to the portion of the building that is occupied by |
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67 | 67 | | 16 the residential tenant or private business, or to common areas of |
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68 | 68 | | 17 the building used by a residential tenant or private business. |
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69 | 69 | | 18 (6) The enactment or enforcement of a provision prohibiting or |
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70 | 70 | | 19 restricting the intentional display of a firearm at a public meeting. |
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71 | 71 | | 20 (7) The enactment or enforcement of a provision prohibiting or |
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72 | 72 | | 21 restricting the possession of a firearm in a public hospital |
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73 | 73 | | 22 corporation that contains a secure correctional health unit that is |
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74 | 74 | | 23 staffed by a law enforcement officer twenty-four (24) hours a day. |
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75 | 75 | | 24 (8) The imposition of any restriction or condition placed on a |
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76 | 76 | | 25 person participating in: |
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77 | 77 | | 26 (A) a community corrections program (IC 11-12-1); |
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78 | 78 | | 27 (B) a forensic diversion program (IC 11-12-3.7); or |
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79 | 79 | | 28 (C) a pretrial diversion program (IC 33-39-1). |
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80 | 80 | | 29 (9) The enforcement or prosecution of the offense of criminal |
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81 | 81 | | 30 recklessness (IC 35-42-2-2) involving the use of a firearm. |
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82 | 82 | | 31 (10) For an event occurring on property leased from a political |
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83 | 83 | | 32 subdivision or municipal corporation by the promoter or organizer |
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84 | 84 | | 33 of the event: |
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85 | 85 | | 34 (A) the establishment, by the promoter or organizer, at the |
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86 | 86 | | 35 promoter's or organizer's own discretion, of rules of conduct or |
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87 | 87 | | 36 admission upon which attendance at or participation in the |
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88 | 88 | | 37 event is conditioned; or |
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89 | 89 | | 38 (B) the implementation or enforcement of the rules of conduct |
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90 | 90 | | 39 or admission described in clause (A) by a political subdivision |
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91 | 91 | | 40 or municipal corporation in connection with the event. |
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92 | 92 | | 41 (11) The enactment or enforcement of a provision prohibiting or |
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93 | 93 | | 42 restricting the possession of a firearm in a hospital established |
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94 | 94 | | 2025 IN 1482—LS 7213/DI 116 3 |
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95 | 95 | | 1 and operated under IC 16-22-2 or IC 16-23. |
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96 | 96 | | 2 (12) A unit from using the unit's planning and zoning powers |
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97 | 97 | | 3 under IC 36-7-4 to prohibit the sale of firearms within two |
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98 | 98 | | 4 hundred (200) feet of a school by a person having a business that |
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99 | 99 | | 5 did not sell firearms within two hundred (200) feet of a school |
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100 | 100 | | 6 before April 1, 1994. |
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101 | 101 | | 7 (13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23) |
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102 | 102 | | 8 from enacting or enforcing a provision prohibiting or restricting |
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103 | 103 | | 9 the possession of a firearm in a building owned or administered |
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104 | 104 | | 10 by the unit if: |
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105 | 105 | | 11 (A) metal detection devices are located at each public entrance |
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106 | 106 | | 12 to the building; |
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107 | 107 | | 13 (B) each public entrance to the building is staffed by at least |
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108 | 108 | | 14 one (1) law enforcement officer: |
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109 | 109 | | 15 (i) who has been adequately trained to conduct inspections |
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110 | 110 | | 16 of persons entering the building by use of metal detection |
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111 | 111 | | 17 devices and proper physical pat down searches; and |
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112 | 112 | | 18 (ii) when the building is open to the public; and |
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113 | 113 | | 19 (C) each: |
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114 | 114 | | 20 (i) individual who enters the building through the public |
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115 | 115 | | 21 entrance when the building is open to the public; and |
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116 | 116 | | 22 (ii) bag, package, and other container carried by the |
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117 | 117 | | 23 individual; |
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118 | 118 | | 24 is inspected by a law enforcement officer described in clause |
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119 | 119 | | 25 (B). |
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120 | 120 | | 26 However, except as provided in subdivision (5) concerning a |
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121 | 121 | | 27 building that contains a courtroom, a unit may not prohibit or |
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122 | 122 | | 28 restrict the possession of a handgun under this subdivision in a |
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123 | 123 | | 29 building owned or administered by the unit if the person who |
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124 | 124 | | 30 possesses the handgun is not otherwise prohibited from carrying |
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125 | 125 | | 31 or possessing a handgun. |
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126 | 126 | | 32 (14) The enforcement by a consolidated city (as defined in |
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127 | 127 | | 33 IC 3-5-2-12) of a restriction on the possession of firearms |
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128 | 128 | | 34 within the bounds of a designated entertainment zone in |
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129 | 129 | | 35 accordance with section 5.1 of this chapter. |
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130 | 130 | | 36 SECTION 2. IC 35-47-11.1-5.1 IS ADDED TO THE INDIANA |
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131 | 131 | | 37 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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132 | 132 | | 38 [EFFECTIVE JULY 1, 2025]: Sec. 5.1. (a) As used in this section, |
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133 | 133 | | 39 "city-county council" refers to the Indianapolis city-county council |
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134 | 134 | | 40 established by IC 36-3-4-2. |
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135 | 135 | | 41 (b) As used in this section, "consolidated city" has the meaning |
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136 | 136 | | 42 set forth in IC 3-5-2-12. |
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137 | 137 | | 2025 IN 1482—LS 7213/DI 116 4 |
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138 | 138 | | 1 (c) Notwithstanding any other law, restrictions on firearms may |
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139 | 139 | | 2 be imposed by a consolidated city within an entertainment zone |
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140 | 140 | | 3 that has been established under this section. |
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141 | 141 | | 4 (d) The following entertainment zones are established within a |
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142 | 142 | | 5 consolidated city: |
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143 | 143 | | 6 (1) The central business zoning district of Indianapolis. |
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144 | 144 | | 7 (2) An area designated as a cultural district by the city of |
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145 | 145 | | 8 Indianapolis. |
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146 | 146 | | 9 (e) The city-county council may establish a public safety plan for |
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147 | 147 | | 10 all or a designated part of an entertainment zone established by |
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148 | 148 | | 11 subsection (d). To establish a public safety plan, the city-county |
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149 | 149 | | 12 council must, with respect to each separate entertainment zone |
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150 | 150 | | 13 established by subsection (d), do the following: |
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151 | 151 | | 14 (1) Adopt, after at least one (1) public hearing, a declaratory |
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152 | 152 | | 15 resolution that contains findings of fact related to the need for |
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153 | 153 | | 16 enhanced public safety measures within the entertainment |
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154 | 154 | | 17 zone, and directs the executive of the consolidated city, or the |
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155 | 155 | | 18 executive's designee, to prepare and submit to the city-county |
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156 | 156 | | 19 council a public safety plan describing with particularity the |
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157 | 157 | | 20 following: |
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158 | 158 | | 21 (A) The enhanced public safety measures to be enforced |
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159 | 159 | | 22 within the entertainment zone (including the precise |
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160 | 160 | | 23 geographic description of the area within the |
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161 | 161 | | 24 entertainment zone in which the public safety measures |
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162 | 162 | | 25 shall be applied). |
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163 | 163 | | 26 (B) The consolidated city's plan to enforce the enhanced |
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164 | 164 | | 27 public safety measures within the entertainment zone. |
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165 | 165 | | 28 (C) The estimated cost of the enforcement described in |
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166 | 166 | | 29 clause (B). |
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167 | 167 | | 30 (D) Feedback received from residents and business owners |
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168 | 168 | | 31 within the boundaries of the entertainment zone. |
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169 | 169 | | 32 (2) Adopt, after at least one (1) public hearing after the public |
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170 | 170 | | 33 hearing described in subdivision (1), a confirmatory |
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171 | 171 | | 34 resolution approving the public safety plan for the |
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172 | 172 | | 35 entertainment zone. |
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173 | 173 | | 36 (f) A public safety plan for an entertainment zone may include |
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174 | 174 | | 37 a restriction on the possession of firearms within the entertainment |
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175 | 175 | | 38 zone, or within a particular area of the entertainment zone |
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176 | 176 | | 39 designated by the public safety plan, during certain hours. Within |
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177 | 177 | | 40 the area designated by the public safety plan restricting the |
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178 | 178 | | 41 possession of a firearm, the consolidated city may enforce the |
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179 | 179 | | 42 restriction and may assist property owners or contracted security |
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180 | 180 | | 2025 IN 1482—LS 7213/DI 116 5 |
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181 | 181 | | 1 officers in enforcing the firearm restriction. |
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182 | 182 | | 2 (g) The penalty for a violation of the firearm restriction |
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183 | 183 | | 3 described in subsection (f) shall be limited to the exclusion of a |
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184 | 184 | | 4 pedestrian presenting at an entry point with a firearm from the |
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185 | 185 | | 5 area in which the restriction applies, or removal from the area in |
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186 | 186 | | 6 which the restriction applies of a visitor who is found to be |
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187 | 187 | | 7 carrying a firearm within the area. This subsection shall not be |
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188 | 188 | | 8 construed to authorize searches and seizures not otherwise |
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189 | 189 | | 9 permitted by law or to authorize the imposition of any civil or |
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190 | 190 | | 10 criminal penalties not otherwise permitted by law. |
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191 | 191 | | 11 (h) A firearm restriction adopted as part of a public safety plan |
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192 | 192 | | 12 under subsection (f) for an entertainment zone may be enforced |
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193 | 193 | | 13 only if, in accordance with the public safety plan: |
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194 | 194 | | 14 (1) all pedestrian entrances to the area of the entertainment |
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195 | 195 | | 15 zone in which a firearm restriction applies, during the hours |
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196 | 196 | | 16 when the firearm restriction is in place, have clearly posted |
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197 | 197 | | 17 notices of the firearm restriction and the applicable hours; |
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198 | 198 | | 18 and |
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199 | 199 | | 19 (2) all vehicular access is blocked to the area of the |
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200 | 200 | | 20 entertainment zone in which a firearm restriction applies |
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201 | 201 | | 21 during the hours when the firearm restriction is in place. |
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202 | 202 | | 22 (i) A firearm restriction adopted as part of a public safety plan |
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203 | 203 | | 23 under subsection (f) for all or part of an entertainment zone shall |
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204 | 204 | | 24 apply only to pedestrian visitors to the area of the entertainment |
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205 | 205 | | 25 zone in which the firearm restriction applies who have entered the |
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206 | 206 | | 26 restricted area, or who seek entry to the restricted area, through |
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207 | 207 | | 27 controlled and clearly marked entry points. A firearm restriction |
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208 | 208 | | 28 shall not apply to: |
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209 | 209 | | 29 (1) any residents of the area encompassed by the firearm |
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210 | 210 | | 30 restriction; |
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211 | 211 | | 31 (2) possession or carrying of firearms by a person who owns |
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212 | 212 | | 32 real property within the restricted area while on the person's |
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213 | 213 | | 33 real property; |
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214 | 214 | | 34 (3) any law enforcement officer; or |
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215 | 215 | | 35 (4) a privately retained security officer that is identified to a |
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216 | 216 | | 36 law enforcement agency designated by the city-county council. |
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217 | 217 | | 2025 IN 1482—LS 7213/DI 116 |
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