Indiana 2025 Regular Session

Indiana House Bill HB1482 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22 Introduced Version
33 HOUSE BILL No. 1482
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 35-47-11.1.
77 Synopsis: Entertainment zones. Establishes entertainment zones
88 within a consolidated city. Provides that the city-county council may
99 establish a public safety plan for all or a designated part of an
1010 entertainment zone. Provides that a public safety plan for an
1111 entertainment zone may include a restriction on the possession of
1212 firearms within the entertainment zone, or within a particular area of
1313 the entertainment zone designated by the public safety plan, during
1414 certain hours. Establishes procedures for approving the public safety
1515 plan.
1616 Effective: July 1, 2025.
1717 DeLaney
1818 January 21, 2025, read first time and referred to Committee on Local Government.
1919 2025 IN 1482—LS 7213/DI 116 Introduced
2020 First Regular Session of the 124th General Assembly (2025)
2121 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2222 Constitution) is being amended, the text of the existing provision will appear in this style type,
2323 additions will appear in this style type, and deletions will appear in this style type.
2424 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2525 provision adopted), the text of the new provision will appear in this style type. Also, the
2626 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2727 a new provision to the Indiana Code or the Indiana Constitution.
2828 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2929 between statutes enacted by the 2024 Regular Session of the General Assembly.
3030 HOUSE BILL No. 1482
3131 A BILL FOR AN ACT to amend the Indiana Code concerning local
3232 government.
3333 Be it enacted by the General Assembly of the State of Indiana:
3434 1 SECTION 1. IC 35-47-11.1-4, AS AMENDED BY P.L.175-2022,
3535 2 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3636 3 JULY 1, 2025]: Sec. 4. This chapter may not be construed to prevent
3737 4 any of the following:
3838 5 (1) A law enforcement agency of a political subdivision from
3939 6 enacting and enforcing regulations pertaining to firearms,
4040 7 ammunition, or firearm accessories issued to or used by law
4141 8 enforcement officers in the course of their official duties.
4242 9 (2) Subject to IC 34-28-7-2, an employer from regulating or
4343 10 prohibiting the employees of the employer from carrying firearms
4444 11 and ammunition in the course of the employee's official duties.
4545 12 (3) A court or administrative law judge from hearing and
4646 13 resolving any case or controversy or issuing any opinion or order
4747 14 on a matter within the jurisdiction of the court or judge.
4848 15 (4) The enactment or enforcement of generally applicable zoning
4949 16 or business ordinances that apply to firearms businesses to the
5050 17 same degree as other similar businesses. However, a provision of
5151 2025 IN 1482—LS 7213/DI 116 2
5252 1 an ordinance that is designed or enforced to effectively restrict or
5353 2 prohibit the sale, purchase, transfer, manufacture, or display of
5454 3 firearms, ammunition, or firearm accessories that is otherwise
5555 4 lawful under the laws of this state is void. A unit (as defined in
5656 5 IC 36-1-2-23) may not use the unit's planning and zoning powers
5757 6 under IC 36-7-4 to prohibit the sale of firearms within a
5858 7 prescribed distance of any other type of commercial property or
5959 8 of school property or other educational property.
6060 9 (5) Subject to IC 35-47-16-1, the enactment or enforcement of a
6161 10 provision prohibiting or restricting the possession of a firearm in
6262 11 any building that contains the courtroom of a circuit, superior,
6363 12 city, town, or small claims court. However, if a portion of the
6464 13 building is occupied by a residential tenant or private business,
6565 14 any provision restricting or prohibiting the possession of a firearm
6666 15 does not apply to the portion of the building that is occupied by
6767 16 the residential tenant or private business, or to common areas of
6868 17 the building used by a residential tenant or private business.
6969 18 (6) The enactment or enforcement of a provision prohibiting or
7070 19 restricting the intentional display of a firearm at a public meeting.
7171 20 (7) The enactment or enforcement of a provision prohibiting or
7272 21 restricting the possession of a firearm in a public hospital
7373 22 corporation that contains a secure correctional health unit that is
7474 23 staffed by a law enforcement officer twenty-four (24) hours a day.
7575 24 (8) The imposition of any restriction or condition placed on a
7676 25 person participating in:
7777 26 (A) a community corrections program (IC 11-12-1);
7878 27 (B) a forensic diversion program (IC 11-12-3.7); or
7979 28 (C) a pretrial diversion program (IC 33-39-1).
8080 29 (9) The enforcement or prosecution of the offense of criminal
8181 30 recklessness (IC 35-42-2-2) involving the use of a firearm.
8282 31 (10) For an event occurring on property leased from a political
8383 32 subdivision or municipal corporation by the promoter or organizer
8484 33 of the event:
8585 34 (A) the establishment, by the promoter or organizer, at the
8686 35 promoter's or organizer's own discretion, of rules of conduct or
8787 36 admission upon which attendance at or participation in the
8888 37 event is conditioned; or
8989 38 (B) the implementation or enforcement of the rules of conduct
9090 39 or admission described in clause (A) by a political subdivision
9191 40 or municipal corporation in connection with the event.
9292 41 (11) The enactment or enforcement of a provision prohibiting or
9393 42 restricting the possession of a firearm in a hospital established
9494 2025 IN 1482—LS 7213/DI 116 3
9595 1 and operated under IC 16-22-2 or IC 16-23.
9696 2 (12) A unit from using the unit's planning and zoning powers
9797 3 under IC 36-7-4 to prohibit the sale of firearms within two
9898 4 hundred (200) feet of a school by a person having a business that
9999 5 did not sell firearms within two hundred (200) feet of a school
100100 6 before April 1, 1994.
101101 7 (13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23)
102102 8 from enacting or enforcing a provision prohibiting or restricting
103103 9 the possession of a firearm in a building owned or administered
104104 10 by the unit if:
105105 11 (A) metal detection devices are located at each public entrance
106106 12 to the building;
107107 13 (B) each public entrance to the building is staffed by at least
108108 14 one (1) law enforcement officer:
109109 15 (i) who has been adequately trained to conduct inspections
110110 16 of persons entering the building by use of metal detection
111111 17 devices and proper physical pat down searches; and
112112 18 (ii) when the building is open to the public; and
113113 19 (C) each:
114114 20 (i) individual who enters the building through the public
115115 21 entrance when the building is open to the public; and
116116 22 (ii) bag, package, and other container carried by the
117117 23 individual;
118118 24 is inspected by a law enforcement officer described in clause
119119 25 (B).
120120 26 However, except as provided in subdivision (5) concerning a
121121 27 building that contains a courtroom, a unit may not prohibit or
122122 28 restrict the possession of a handgun under this subdivision in a
123123 29 building owned or administered by the unit if the person who
124124 30 possesses the handgun is not otherwise prohibited from carrying
125125 31 or possessing a handgun.
126126 32 (14) The enforcement by a consolidated city (as defined in
127127 33 IC 3-5-2-12) of a restriction on the possession of firearms
128128 34 within the bounds of a designated entertainment zone in
129129 35 accordance with section 5.1 of this chapter.
130130 36 SECTION 2. IC 35-47-11.1-5.1 IS ADDED TO THE INDIANA
131131 37 CODE AS A NEW SECTION TO READ AS FOLLOWS
132132 38 [EFFECTIVE JULY 1, 2025]: Sec. 5.1. (a) As used in this section,
133133 39 "city-county council" refers to the Indianapolis city-county council
134134 40 established by IC 36-3-4-2.
135135 41 (b) As used in this section, "consolidated city" has the meaning
136136 42 set forth in IC 3-5-2-12.
137137 2025 IN 1482—LS 7213/DI 116 4
138138 1 (c) Notwithstanding any other law, restrictions on firearms may
139139 2 be imposed by a consolidated city within an entertainment zone
140140 3 that has been established under this section.
141141 4 (d) The following entertainment zones are established within a
142142 5 consolidated city:
143143 6 (1) The central business zoning district of Indianapolis.
144144 7 (2) An area designated as a cultural district by the city of
145145 8 Indianapolis.
146146 9 (e) The city-county council may establish a public safety plan for
147147 10 all or a designated part of an entertainment zone established by
148148 11 subsection (d). To establish a public safety plan, the city-county
149149 12 council must, with respect to each separate entertainment zone
150150 13 established by subsection (d), do the following:
151151 14 (1) Adopt, after at least one (1) public hearing, a declaratory
152152 15 resolution that contains findings of fact related to the need for
153153 16 enhanced public safety measures within the entertainment
154154 17 zone, and directs the executive of the consolidated city, or the
155155 18 executive's designee, to prepare and submit to the city-county
156156 19 council a public safety plan describing with particularity the
157157 20 following:
158158 21 (A) The enhanced public safety measures to be enforced
159159 22 within the entertainment zone (including the precise
160160 23 geographic description of the area within the
161161 24 entertainment zone in which the public safety measures
162162 25 shall be applied).
163163 26 (B) The consolidated city's plan to enforce the enhanced
164164 27 public safety measures within the entertainment zone.
165165 28 (C) The estimated cost of the enforcement described in
166166 29 clause (B).
167167 30 (D) Feedback received from residents and business owners
168168 31 within the boundaries of the entertainment zone.
169169 32 (2) Adopt, after at least one (1) public hearing after the public
170170 33 hearing described in subdivision (1), a confirmatory
171171 34 resolution approving the public safety plan for the
172172 35 entertainment zone.
173173 36 (f) A public safety plan for an entertainment zone may include
174174 37 a restriction on the possession of firearms within the entertainment
175175 38 zone, or within a particular area of the entertainment zone
176176 39 designated by the public safety plan, during certain hours. Within
177177 40 the area designated by the public safety plan restricting the
178178 41 possession of a firearm, the consolidated city may enforce the
179179 42 restriction and may assist property owners or contracted security
180180 2025 IN 1482—LS 7213/DI 116 5
181181 1 officers in enforcing the firearm restriction.
182182 2 (g) The penalty for a violation of the firearm restriction
183183 3 described in subsection (f) shall be limited to the exclusion of a
184184 4 pedestrian presenting at an entry point with a firearm from the
185185 5 area in which the restriction applies, or removal from the area in
186186 6 which the restriction applies of a visitor who is found to be
187187 7 carrying a firearm within the area. This subsection shall not be
188188 8 construed to authorize searches and seizures not otherwise
189189 9 permitted by law or to authorize the imposition of any civil or
190190 10 criminal penalties not otherwise permitted by law.
191191 11 (h) A firearm restriction adopted as part of a public safety plan
192192 12 under subsection (f) for an entertainment zone may be enforced
193193 13 only if, in accordance with the public safety plan:
194194 14 (1) all pedestrian entrances to the area of the entertainment
195195 15 zone in which a firearm restriction applies, during the hours
196196 16 when the firearm restriction is in place, have clearly posted
197197 17 notices of the firearm restriction and the applicable hours;
198198 18 and
199199 19 (2) all vehicular access is blocked to the area of the
200200 20 entertainment zone in which a firearm restriction applies
201201 21 during the hours when the firearm restriction is in place.
202202 22 (i) A firearm restriction adopted as part of a public safety plan
203203 23 under subsection (f) for all or part of an entertainment zone shall
204204 24 apply only to pedestrian visitors to the area of the entertainment
205205 25 zone in which the firearm restriction applies who have entered the
206206 26 restricted area, or who seek entry to the restricted area, through
207207 27 controlled and clearly marked entry points. A firearm restriction
208208 28 shall not apply to:
209209 29 (1) any residents of the area encompassed by the firearm
210210 30 restriction;
211211 31 (2) possession or carrying of firearms by a person who owns
212212 32 real property within the restricted area while on the person's
213213 33 real property;
214214 34 (3) any law enforcement officer; or
215215 35 (4) a privately retained security officer that is identified to a
216216 36 law enforcement agency designated by the city-county council.
217217 2025 IN 1482—LS 7213/DI 116