Introduced Version SENATE BILL No. 152 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 3-5-2; IC 3-14-3-4.5; IC 35-47-2; IC 35-52-3-47.5. Synopsis: Possession of 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. Enhances the offense 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: (1) a defense; and (2) certain notice requirements. Prohibits other defenses. Defines particular terms. Makes conforming amendments. Changes the minimum age required to carry a handgun to 21 years of age. Effective: July 1, 2025. Randolph Lonnie M January 8, 2025, read first time and referred to Committee on Corrections and Criminal Law. 2025 IN 152—LS 6257/DI 106 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. SENATE BILL No. 152 A BILL FOR AN ACT to amend the Indiana Code concerning public safety. 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, 2025]: 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, 2025]: 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 2025 IN 152—LS 6257/DI 106 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, 2025]: 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, 2025]: 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. 2025 IN 152—LS 6257/DI 106 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 under 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 2025 IN 152—LS 6257/DI 106 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 firearms prohibition policy 11 or rule enacted by a person with executive authority over a polling 12 place. 13 SECTION 5. IC 35-47-2-1.5, AS ADDED BY P.L.175-2022, 14 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 15 JULY 1, 2025]: Sec. 1.5. (a) The following terms are defined for this 16 section: 17 (1) "Adjudicated a mental defective" means a determination by a 18 court that a person: 19 (A) presents a danger to the person or to others; or 20 (B) lacks the mental capacity necessary to contract or manage 21 the person's affairs. 22 The term includes a finding of insanity by a court in a criminal 23 proceeding. 24 (2) "Alien" means any person who is not lawfully in the United 25 States. The term includes: 26 (A) any person who has: 27 (i) entered the United States without inspection and 28 authorization by an immigration officer; and 29 (ii) not been paroled into the United States under the federal 30 Immigration and Nationality Act; 31 (B) a nonimmigrant: 32 (i) whose authorized period of stay has expired; or 33 (ii) who has violated the terms of the nonimmigrant category 34 under which the person was admitted; 35 (C) a person paroled under the federal Immigration and 36 Nationality Act whose period of parole has: 37 (i) expired; or 38 (ii) been terminated; and 39 (D) a person subject to an order: 40 (i) of deportation, exclusion, or removal; or 41 (ii) to depart the United States voluntarily; 42 regardless of whether or not the person has left the United 2025 IN 152—LS 6257/DI 106 5 1 States. 2 (3) "Committed to a mental institution" means the formal 3 commitment of a person to a mental institution by a court. The 4 term includes: 5 (A) a commitment for: 6 (i) a cognitive or mental defect; or 7 (ii) a mental illness; and 8 (B) involuntary commitments. 9 The term does not include voluntary commitments or a 10 commitment made for observational purposes. 11 (4) "Crime of domestic violence" has the meaning set forth in 12 IC 35-31.5-2-78. 13 (5) "Dangerous" has the meaning set forth in IC 35-47-14-1. 14 (6) "Fugitive from justice" means any person who: 15 (A) flees or leaves from any state to avoid prosecution for a 16 felony or misdemeanor offense; or 17 (B) flees or leaves any state to avoid testifying in a criminal 18 proceeding. 19 (7) "Indictment" means any formal accusation of a crime made by 20 a prosecuting attorney in any court for a crime punishable by a 21 term of imprisonment exceeding one (1) year. 22 (8) A crime or offense "punishable by a term of imprisonment 23 exceeding one (1) year" does not include a federal or state crime 24 or offense pertaining to antitrust violations, unfair trade practices, 25 restraints of trade, or other similar offenses relating to the 26 regulation of business practices. 27 (b) Except as provided in subsections (c) and (d), the following 28 persons may not knowingly or intentionally carry a handgun: 29 (1) A person convicted of a federal or state offense punishable by 30 a term of imprisonment exceeding one (1) year. 31 (2) A fugitive from justice. 32 (3) An alien. 33 (4) A person convicted of: 34 (A) a crime of domestic violence (IC 35-31.5-2-78); 35 (B) domestic battery (IC 35-42-2-1.3); or 36 (C) criminal stalking (IC 35-45-10-5). 37 (5) A person restrained by an order of protection issued under 38 IC 34-26-5. 39 (6) A person under indictment. 40 (7) A person who has been: 41 (A) adjudicated dangerous under IC 35-47-14-6; 42 (B) adjudicated a mental defective; or 2025 IN 152—LS 6257/DI 106 6 1 (C) committed to a mental institution. 2 (8) A person dishonorably discharged from: 3 (A) military service; or 4 (B) the National Guard. 5 (9) A person who renounces the person's United States citizenship 6 in the manner described in 8 U.S.C. 1481. 7 (10) A person who is less than: 8 (A) eighteen (18) twenty-one (21) years of age; or 9 (B) twenty-three (23) years of age and has an adjudication as 10 a delinquent child for an act described by IC 35-47-4-5; 11 unless authorized under IC 35-47-10. 12 (c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person if 13 a court has restored the person's right to possess a firearm under 14 IC 35-47-4-7. 15 (d) A person who has: 16 (1) been adjudicated dangerous under IC 35-47-14-6; and 17 (2) successfully petitioned for the return of a firearm under 18 IC 35-47-14-8 with respect to the adjudication under subdivision 19 (1); 20 is not prohibited from carrying a handgun under subsection (b) on the 21 basis that the person was adjudicated dangerous under subdivision (1). 22 However, the person may still be prohibited from carrying a handgun 23 on one (1) or more of the other grounds listed in subsection (b). 24 (e) A person who violates this section commits unlawful carrying of 25 a handgun, a Class A misdemeanor. However, the offense is a Level 5 26 felony if: 27 (1) the offense is committed: 28 (A) on or in school property; 29 (B) within five hundred (500) feet of school property; or 30 (C) on a school bus; or 31 (2) the person: 32 (A) has a prior conviction of any offense under: 33 (i) this section; 34 (ii) section 1 of this chapter (carrying a handgun without a 35 license) (before its repeal); or 36 (iii) section 22 of this chapter; or 37 (B) has been convicted of a felony within fifteen (15) years 38 before the date of the offense. 39 SECTION 6. IC 35-47-2-3, AS AMENDED BY THE TECHNICAL 40 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS 41 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: 42 Sec. 3. (a) A person who is at least eighteen (18) twenty-one (21) years 2025 IN 152—LS 6257/DI 106 7 1 of age and is not otherwise prohibited from carrying or possessing a 2 handgun under state or federal law is not required to obtain or possess 3 a license or permit from the state to carry a handgun in Indiana. A 4 person who wishes to carry a firearm in another state under a 5 reciprocity agreement entered into by this state and another state may 6 obtain a license to carry a handgun in Indiana under this chapter by 7 applying as follows: 8 (1) If the applicant is a resident of this state: 9 (A) to the chief of police or corresponding law enforcement 10 officer of the municipality in which the applicant resides; or 11 (B) if that municipality has no such officer, or if the applicant 12 does not reside in a municipality, to the sheriff of the county 13 in which the applicant resides after the applicant has obtained 14 an application form prescribed by the superintendent. 15 (2) If the applicant is a resident of another state and has a regular 16 place of business or employment in Indiana, to the sheriff of the 17 county in which the applicant has a regular place of business or 18 employment. 19 The superintendent and local law enforcement agencies shall allow an 20 applicant desiring to obtain or renew a license to carry a handgun to 21 submit an application electronically under this chapter if funds are 22 available to establish and maintain an electronic application system. 23 (b) This subsection applies before July 1, 2020. The law 24 enforcement agency which accepts an application for a handgun license 25 shall collect the following application fees: 26 (1) From a person applying for a four (4) year handgun license, a 27 ten dollar ($10) application fee, five dollars ($5) of which shall be 28 refunded if the license is not issued. 29 (2) From a person applying for a lifetime handgun license who 30 does not currently possess a valid Indiana handgun license, a fifty 31 dollar ($50) application fee, thirty dollars ($30) of which shall be 32 refunded if the license is not issued. 33 (3) From a person applying for a lifetime handgun license who 34 currently possesses a valid Indiana handgun license, a forty dollar 35 ($40) application fee, thirty dollars ($30) of which shall be 36 refunded if the license is not issued. 37 Except as provided in subsection (j), the fee shall be deposited into the 38 law enforcement agency's firearms training fund or other appropriate 39 training activities fund and used by the agency to train law enforcement 40 officers in the proper use of firearms or in other law enforcement 41 duties, or to purchase firearms, firearm related equipment, or body 42 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers 2025 IN 152—LS 6257/DI 106 8 1 employed by the law enforcement agency. The state board of accounts 2 shall establish rules for the proper accounting and expenditure of funds 3 collected under this subsection. 4 (c) This subsection applies after June 30, 2020, and before July 1, 5 2021. The law enforcement agency which accepts an application for a 6 handgun license shall not collect a fee from a person applying for a five 7 (5) year handgun license and shall collect the following application 8 fees: 9 (1) From a person applying for a lifetime handgun license who 10 does not currently possess a valid Indiana handgun license, a fifty 11 dollar ($50) application fee, thirty dollars ($30) of which shall be 12 refunded if the license is not issued. 13 (2) From a person applying for a lifetime handgun license who 14 currently possesses a valid Indiana handgun license, a forty dollar 15 ($40) application fee, thirty dollars ($30) of which shall be 16 refunded if the license is not issued. 17 Except as provided in subsection (j), the fee shall be deposited into the 18 law enforcement agency's firearms training fund or other appropriate 19 training activities fund and used by the agency to train law enforcement 20 officers in the proper use of firearms or in other law enforcement 21 duties, or to purchase firearms, firearm related equipment, or body 22 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers 23 employed by the law enforcement agency. The state board of accounts 24 shall establish rules for the proper accounting and expenditure of funds 25 collected under this subsection. 26 (d) This subsection applies after June 30, 2021. The law 27 enforcement agency which accepts an application for a handgun license 28 shall not collect a fee from a person applying for a handgun license. 29 (e) The officer to whom the application is made shall ascertain the 30 applicant's name, full address, length of residence in the community, 31 whether the applicant's residence is located within the limits of any city 32 or town, the applicant's occupation, place of business or employment, 33 criminal record, if any, and convictions (minor traffic offenses 34 excepted), age, race, sex, nationality, date of birth, citizenship, height, 35 weight, build, color of hair, color of eyes, scars and marks, whether the 36 applicant has previously held an Indiana license to carry a handgun 37 and, if so, the serial number of the license and year issued, whether the 38 applicant's license has ever been suspended or revoked, and if so, the 39 year and reason for the suspension or revocation, and the applicant's 40 reason for desiring a license. If the applicant is not a United States 41 citizen, the officer to whom the application is made shall ascertain the 42 applicant's country of citizenship, place of birth, and any alien or 2025 IN 152—LS 6257/DI 106 9 1 admission number issued by the United States Citizenship and 2 Immigration Services or United States Customs and Border Protection 3 or any successor agency as applicable. The officer to whom the 4 application is made shall conduct an investigation into the applicant's 5 official records and verify thereby the applicant's character and 6 reputation, and shall in addition verify for accuracy the information 7 contained in the application, and shall forward this information 8 together with the officer's recommendation for approval or disapproval 9 and one (1) set of legible and classifiable fingerprints of the applicant 10 to the superintendent. An investigation conducted under this section 11 must include the consulting of available local, state, and federal 12 criminal history data banks, including the National Instant Criminal 13 Background Check System (NICS), to determine whether possession 14 of a firearm by an applicant would be a violation of state or federal law. 15 (f) The superintendent may make whatever further investigation the 16 superintendent deems necessary. Whenever disapproval is 17 recommended, the officer to whom the application is made shall 18 provide the superintendent and the applicant with the officer's complete 19 and specific reasons, in writing, for the recommendation of 20 disapproval. 21 (g) If it appears to the superintendent that the applicant: 22 (1) has a proper reason for receiving a license to carry a handgun; 23 (2) is of good character and reputation; 24 (3) is a proper person to be licensed; and 25 (4) is: 26 (A) a citizen of the United States; or 27 (B) not a citizen of the United States but is allowed to carry a 28 firearm in the United States under federal law; 29 the superintendent shall issue to the applicant a license to carry a 30 handgun in Indiana. The original license shall be delivered to the 31 licensee. A copy shall be delivered to the officer to whom the 32 application for license was made. A copy shall be retained by the 33 superintendent for at least five (5) years in the case of a five (5) year 34 license. The superintendent may adopt guidelines to establish a records 35 retention policy for a lifetime license. A five (5) year license shall be 36 valid for a period of five (5) years from the date of issue. A lifetime 37 license is valid for the life of the individual receiving the license. The 38 license of police officers, sheriffs or their deputies, and law 39 enforcement officers of the United States government who have twenty 40 (20) or more years of service shall be valid for the life of these 41 individuals. However, a lifetime license is automatically revoked if the 42 license holder does not remain a proper person. 2025 IN 152—LS 6257/DI 106 10 1 (h) At the time a license is issued and delivered to a licensee under 2 subsection (g), the superintendent shall include with the license 3 information concerning firearms safety rules that: 4 (1) neither opposes nor supports an individual's right to bear 5 arms; and 6 (2) is: 7 (A) recommended by a nonprofit educational organization that 8 is dedicated to providing education on safe handling and use 9 of firearms; 10 (B) prepared by the state police department; and 11 (C) approved by the superintendent. 12 The superintendent may not deny a license under this section because 13 the information required under this subsection is unavailable at the 14 time the superintendent would otherwise issue a license. The state 15 police department may accept private donations or grants to defray the 16 cost of printing and mailing the information required under this 17 subsection. 18 (i) A license to carry a handgun shall not be issued to any person 19 who: 20 (1) has been convicted of a felony; 21 (2) has had a license to carry a handgun suspended, unless the 22 person's license has been reinstated; 23 (3) is under eighteen (18) twenty-one (21) years of age; 24 (4) is under twenty-three (23) years of age if the person has been 25 adjudicated a delinquent child for an act that would be a felony if 26 committed by an adult; 27 (5) has been arrested for a Class A or Class B felony for an 28 offense committed before July 1, 2014, for a Level 1, Level 2, 29 Level 3, or Level 4 felony for an offense committed after June 30, 30 2014, or any other felony that was committed while armed with 31 a deadly weapon or that involved the use of violence, if a court 32 has found probable cause to believe that the person committed the 33 offense charged; 34 (6) is prohibited by federal law from possessing or receiving 35 firearms under 18 U.S.C. 922(g); or 36 (7) is described in section 1.5 of this chapter, unless exempted by 37 section 1.5 of this chapter. 38 In the case of an arrest under subdivision (5), a license to carry a 39 handgun may be issued to a person who has been acquitted of the 40 specific offense charged or if the charges for the specific offense are 41 dismissed. The superintendent shall prescribe all forms to be used in 42 connection with the administration of this chapter. 2025 IN 152—LS 6257/DI 106 11 1 (j) If the law enforcement agency that charges a fee under 2 subsection (b) or (c) is a city or town law enforcement agency, the fee 3 shall be deposited in the law enforcement continuing education fund 4 established under IC 5-2-8-2. 5 (k) If a person who holds a valid license to carry a handgun issued 6 under this chapter: 7 (1) changes the person's name; 8 (2) changes the person's address; or 9 (3) experiences a change, including an arrest or a conviction, that 10 may affect the person's status as a proper person (as defined in 11 IC 35-47-1-7) or otherwise disqualify the person from holding a 12 license; 13 the person shall, not later than thirty (30) days after the date of a 14 change described under subdivision (3), and not later than sixty (60) 15 days after the date of the change described under subdivision (1) or (2), 16 notify the superintendent, in writing, of the event described under 17 subdivision (3) or, in the case of a change under subdivision (1) or (2), 18 the person's new name or new address. 19 (l) The state police department shall indicate on the form for a 20 license to carry a handgun the notification requirements of subsection 21 (k). 22 (m) The state police department shall adopt rules under IC 4-22-2 23 to implement an electronic application system under subsection (a). 24 Rules adopted under this section must require the superintendent to 25 keep on file one (1) set of classifiable and legible fingerprints from 26 every person who has received a license to carry a handgun so that a 27 person who applies to renew a license will not be required to submit an 28 additional set of fingerprints. 29 (n) Except as provided in subsection (o), for purposes of 30 IC 5-14-3-4(a)(1), the following information is confidential, may not 31 be published, and is not open to public inspection: 32 (1) Information submitted by a person under this section to: 33 (A) obtain; or 34 (B) renew; 35 a license to carry a handgun. 36 (2) Information obtained by a federal, state, or local government 37 entity in the course of an investigation concerning a person who 38 applies to: 39 (A) obtain; or 40 (B) renew; 41 a license to carry a handgun issued under this chapter. 42 (3) The name, address, and any other information that may be 2025 IN 152—LS 6257/DI 106 12 1 used to identify a person who holds a license to carry a handgun 2 issued under this chapter. 3 (o) Notwithstanding subsection (n): 4 (1) any information concerning an applicant for or a person who 5 holds a license to carry a handgun issued under this chapter may 6 be released to a: 7 (A) state or local government entity: 8 (i) for law enforcement purposes; or 9 (ii) to determine the validity of a license to carry a handgun; 10 or 11 (B) federal government entity for the purpose of a single entry 12 query of an applicant or license holder who is: 13 (i) a subject of interest in an active criminal investigation; or 14 (ii) arrested for a crime; and 15 (2) general information concerning the issuance of licenses to 16 carry handguns in Indiana may be released to a person conducting 17 journalistic or academic research, but only if all personal 18 information that could disclose the identity of any person who 19 holds a license to carry a handgun issued under this chapter has 20 been removed from the general information. 21 (p) A person who holds a valid license to carry a handgun under this 22 chapter is licensed to carry a handgun in Indiana. 23 (q) A person who knowingly or intentionally violates this section 24 commits a Class B misdemeanor. 25 SECTION 7. IC 35-52-3-47.5 IS ADDED TO THE INDIANA 26 CODE AS A NEW SECTION TO READ AS FOLLOWS 27 [EFFECTIVE JULY 1, 2025]: Sec. 47.5. IC 3-14-3-4.5 defines a 28 crime concerning firearms and voting. 2025 IN 152—LS 6257/DI 106