LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6257 NOTE PREPARED: Nov 21, 2024
BILL NUMBER: SB 152 BILL AMENDED:
SUBJECT: Possession of Firearms.
FIRST AUTHOR: Sen. Randolph Lonnie M BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: Gun Possession at Polls: This bill 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.
The bill also provides that the offense is a Class C misdemeanor. It 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. The bill specifies: (1) what can and cannot be used as a defense; and
(2) certain notice requirements.
Increasing Gun Carrying Minimum Age: It also prohibits other defenses, defines particular terms, makes
conforming amendments and changes the minimum age required to carry a handgun to 21 years of age.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Gun Possession at Polls: Depending on compliance by persons
carrying handguns around election facilities, this bill’s provisions are expected to result in a minor increase
in Department of Correction’s (DOC) offender population
This bill makes pointing a firearm at another person polling areas a Level 6 felony. This level of crime is
punishable by a prison term ranging from 6 to 30 months, with an advisory sentence of 1 year. The sentence
depends on mitigating and aggravating circumstances. The average expenditure to house an adult offender
was $29,432 annually, or $80.58 daily, in FY 2024. (This does not include the cost of new construction.) If
offenders can be housed in existing facilities with no additional staff, the marginal cost for medical care,
food, and clothing is approximately $4,719 annually, or $12.93 daily, per prisoner. These marginal cost
estimates are based on contractual agreements with food and medical vendors and projections based on prior
years for clothing and hygiene. The estimated average cost of housing a juvenile in a state juvenile facility
was $113,108, or $309.67 daily, in FY 2024. The marginal cost for juvenile facilities was $8,778 annually
or $24.05 daily
SB 152 1 The entire Level 6 sentence may be suspended and the person placed on either probation or community
correction. If no time is suspended, the offender can receive good time credit of 50% and educational credit
time. After adjusting for credit time, the offender can be released from prison and placed on parole.
[According to the Abstracts of Judgement, between FY 2023 and FY 2024 there were a total of 927 offenders
sentenced for handgun violations. About 35% of these individuals were committed to the DOC post-trial with
an average commitment time of 1.8 years.]
Additional Information - On July 1, 2022, Indiana no longer required handgun permits to legally carry,
conceal, or transport a handgun within the state. This allows individuals who are not prohibited persons per
IC 35-47-2-1.5 to legally carry a handgun within the state.
Explanation of State Revenues: Gun Possession at Polls: This bill establishes a Class C, a Class A
misdemeanor, and a Level 6 felony. If additional court cases occur and fines are collected, revenue to both
the Common School Fund and the state General Fund would increase. The maximum fine for a Class C and
Class A misdemeanor is $500 and $5,000 respectively. The maximum fine for a Level 6 felony is $10,000.
Criminal fines are deposited in the Common School Fund.
Increasing Gun Carrying Minimum Age: This bill increases the minimum age at which one can carry a gun
from 18 to 21 and will likely generate additional criminal cases. A person who knowingly violates gun
licencing law commits a Class B misdemeanor and a person who knowingly violates gun carrying laws
commits a Class A misdemeanor. If additional court cases occur due to this change and fines are collected,
revenue to both the Common School Fund and the state General Fund would increase. The maximum fine
for a Class B misdemeanor is $1,000 and $5,000 for a Class A misdemeanor. Criminal fines are deposited
in the Common School Fund.
Criminal Court Fees: The total fee revenue per case would range between $113 and $138. The amount of
court fees deposited will vary depending on whether the case is filed in a court of record or a municipal court.
The following linked document describes the fees and distribution of the revenue: Court fees imposed in
criminal, juvenile, and civil violation cases.
Explanation of Local Expenditures: Gun Possession at Polls: A Class C misdemeanor is punishable by
up to 60 days in jail and a Class A misdemeanor is punishable by up to one year in jail.
Increasing Gun Carrying Minimum Age: A Class B misdemeanor is punishable by up to 180 days in jail and
a Class A misdemeanor is punishable by up to one year in jail.
If more defendants are detained in county jails prior to their court hearings, local expenditures for jail
operations may increase. The average cost per day is approximately $64.53 based on the per diem payments
reported by U.S. Marshals to house federal prisoners in 11 county jails across Indiana during CY 2021.
Explanation of Local Revenues: If additional court actions occur and a guilty verdict is entered, more
revenue will be collected by certain local units. If the case is filed in a court of record, the county general
fund will receive $47.40 and qualifying municipalities will receive a share of $3.60. If the case is filed in a
municipal court, the county receives $30, and the municipality will receive $46. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and
civil violation cases.
State Agencies Affected: Department of Correction
SB 152 2 Local Agencies Affected: Trial Courts, Local Law Enforcement Agencies, Election Precincts.
Information Sources: Department of Correction; U.S. Department of Justice Marshals Service; Abstracts
of Judgment, Indiana Supreme Court.
Fiscal Analyst: Abdulrahman Abdulkadri, 317-232-9852.
SB 152 3