Indiana 2025 Regular Session

Indiana Senate Bill SB0204 Latest Draft

Bill / Introduced Version Filed 01/07/2025

                             
Introduced Version
SENATE BILL No. 204
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 2-7-8; IC 35-47-2-3.
Synopsis:  Right of lobbyist to carry handgun in capitol. Provides that
a lobbyist who meets certain training, licensing, and eligibility
requirements has the right to carry a handgun within the state capitol
building and on the property of the state capitol complex. Makes a
technical correction. 
Effective:  July 1, 2025.
Tomes
January 8, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
2025	IN 204—LS 6316/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.
SENATE BILL No. 204
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 2-7-8 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]:
4 Chapter 8. Handguns
5 Sec. 1. As used in this chapter, "statehouse permit" means a
6 permit issued by the commission under section 5 of this chapter.
7 Sec. 2. A lobbyist who meets the requirements under section 3
8 of this chapter has the right to carry a handgun within the state
9 capitol building and on the property of the state capitol complex.
10 Sec. 3. A lobbyist who wishes to carry a handgun under section
11 2 of this chapter must:
12 (1) possess a valid license to carry a handgun under
13 IC 35-47-2-3;
14 (2) successfully complete the training requirements under
15 section 4 of this chapter;
16 (3) not be prohibited from owning, possessing, or carrying a
17 handgun under state or federal law;
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1 (4) apply for and obtain a statehouse permit from the
2 commission under section 5 of this chapter;
3 (5) hold a valid statehouse permit; and
4 (6) comply with section 6 of this chapter at all times the
5 lobbyist carries a handgun within the state capitol building
6 and on the property of the state capitol complex.
7 Sec. 4. A lobbyist who applies for a statehouse permit under
8 section 5 of this chapter must successfully complete a handgun
9 safety and training program that meets the following
10 requirements:
11 (1) The program must consist of at least five (5) hours of
12 instruction.
13 (2) The program and instructor must be certified by the
14 National Rifle Association or a similar organization.
15 (3) The program must provide to a person who successfully
16 completes the program a certificate of completion that
17 includes the:
18 (A) printed name of the participant;
19 (B) date of completion; and
20 (C) printed name and signature of the instructor who
21 conducted the program.
22 Sec. 5. (a) A lobbyist may apply in writing to the commission for
23 a permit to carry a handgun within the state capitol building and
24 on the property of the state capitol complex.
25 (b) An application under subsection (a) must include the
26 following:
27 (1) A copy of the applicant's valid license to carry a handgun
28 under IC 35-47-2-3.
29 (2) A copy of a certificate of completion for a handgun safety
30 and training program that:
31 (A) meets the requirements under section 4 of this chapter;
32 and
33 (B) was completed by the applicant not more than twelve
34 (12) months before submission of the application.
35 (3) A signed certification, under the penalties for perjury, that
36 the applicant is not prohibited by state or federal law from
37 owning, possessing, or carrying a handgun.
38 (c) After receipt of an application submitted under subsection
39 (a), the commission shall request confirmation from the state police
40 department that the applicant holds a valid license to carry a
41 handgun.
42 (d) If the commission receives:
2025	IN 204—LS 6316/DI 144 3
1 (1) the documents and certification required under subsection
2 (b); and
3 (2) confirmation from the state police department that the
4 applicant holds a valid license to carry a handgun;
5 the commission shall issue to the applicant a statehouse permit. A
6 permit issued under this subsection is valid for five (5) years from
7 the date of issuance.
8 (e) A statehouse permit issued under subsection (d) must contain
9 the:
10 (1) lobbyist's name;
11 (2) date the permit was issued; and
12 (3) date the permit expires.
13 (f) The commission shall deny an application submitted under
14 subsection (a):
15 (1) that fails to meet all of the requirements under subsection
16 (b); or
17 (2) if the state police department informs the commission that
18 the applicant does not hold a valid license to carry a handgun.
19 Sec. 6. A lobbyist who carries a handgun inside the state capitol
20 building or another building on the state capitol complex under
21 section 2 of this chapter must:
22 (1) carry a copy of the lobbyist's statehouse permit at all
23 times; and
24 (2) present the lobbyist's statehouse permit to the security
25 personnel at the entrance to the building for verification each
26 time the lobbyist enters the building.
27 Sec. 7. The commission shall revoke a statehouse permit issued
28 under this chapter if:
29 (1) the commission:
30 (A) imposes a sanction against the permit holder under
31 IC 2-7-6-5 or IC 2-7-6-6; or
32 (B) finds that the permit holder has failed to comply with
33 section 6 of this chapter;
34 (2) the permit holder no longer meets the requirements under
35 section 5 of this chapter for obtaining a statehouse permit; or
36 (3) the permit holder is convicted of an offense under:
37 (A) IC 2-7-6-2 (unlawful lobbying); or
38 (B) IC 2-7-6-3 (false report).
39 SECTION 2. 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) years of age and is not
2025	IN 204—LS 6316/DI 144 4
1 otherwise prohibited from carrying or possessing a handgun under state
2 or federal law is not required to obtain or possess a license or permit
3 from the state to carry a handgun in Indiana. A person who wishes to
4 carry a firearm in another state under a reciprocity agreement entered
5 into by this state and another state may obtain a license to carry a
6 handgun in Indiana under this chapter by applying as follows:
7 (1) If the applicant is a resident of this state:
8 (A) to the chief of police or corresponding law enforcement
9 officer of the municipality in which the applicant resides; or
10 (B) if that municipality has no such officer, or if the applicant
11 does not reside in a municipality, to the sheriff of the county
12 in which the applicant resides after the applicant has obtained
13 an application form prescribed by the superintendent.
14 (2) If the applicant is a resident of another state and has a regular
15 place of business or employment in Indiana, to the sheriff of the
16 county in which the applicant has a regular place of business or
17 employment.
18 The superintendent and local law enforcement agencies shall allow an
19 applicant desiring to obtain or renew a license to carry a handgun to
20 submit an application electronically under this chapter if funds are
21 available to establish and maintain an electronic application system.
22 (b) This subsection applies before July 1, 2020. The law
23 enforcement agency which accepts an application for a handgun license
24 shall collect the following application fees:
25 (1) From a person applying for a four (4) year handgun license, a
26 ten dollar ($10) application fee, five dollars ($5) of which shall be
27 refunded if the license is not issued.
28 (2) From a person applying for a lifetime handgun license who
29 does not currently possess a valid Indiana handgun license, a fifty
30 dollar ($50) application fee, thirty dollars ($30) of which shall be
31 refunded if the license is not issued.
32 (3) From a person applying for a lifetime handgun license who
33 currently possesses a valid Indiana handgun license, a forty dollar
34 ($40) application fee, thirty dollars ($30) of which shall be
35 refunded if the license is not issued.
36 Except as provided in subsection (j), the fee shall be deposited into the
37 law enforcement agency's firearms training fund or other appropriate
38 training activities fund and used by the agency to train law enforcement
39 officers in the proper use of firearms or in other law enforcement
40 duties, or to purchase firearms, firearm related equipment, or body
41 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
42 employed by the law enforcement agency. The state board of accounts
2025	IN 204—LS 6316/DI 144 5
1 shall establish rules for the proper accounting and expenditure of funds
2 collected under this subsection.
3 (c) This subsection applies after June 30, 2020, and before July 1,
4 2021. The law enforcement agency which accepts an application for a
5 handgun license shall not collect a fee from a person applying for a five
6 (5) year handgun license and shall collect the following application
7 fees:
8 (1) From a person applying for a lifetime handgun license who
9 does not currently possess a valid Indiana handgun license, a fifty
10 dollar ($50) application fee, thirty dollars ($30) of which shall be
11 refunded if the license is not issued.
12 (2) From a person applying for a lifetime handgun license who
13 currently possesses a valid Indiana handgun license, a forty dollar
14 ($40) application fee, thirty dollars ($30) of which shall be
15 refunded if the license is not issued.
16 Except as provided in subsection (j), the fee shall be deposited into the
17 law enforcement agency's firearms training fund or other appropriate
18 training activities fund and used by the agency to train law enforcement
19 officers in the proper use of firearms or in other law enforcement
20 duties, or to purchase firearms, firearm related equipment, or body
21 armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers
22 employed by the law enforcement agency. The state board of accounts
23 shall establish rules for the proper accounting and expenditure of funds
24 collected under this subsection.
25 (d) This subsection applies after June 30, 2021. The law
26 enforcement agency which accepts an application for a handgun license
27 shall not collect a fee from a person applying for a handgun license.
28 (e) The officer to whom the application is made shall ascertain the
29 applicant's name, full address, length of residence in the community,
30 whether the applicant's residence is located within the limits of any city
31 or town, the applicant's occupation, place of business or employment,
32 criminal record, if any, and convictions (minor traffic offenses
33 excepted), age, race, sex, nationality, date of birth, citizenship, height,
34 weight, build, color of hair, color of eyes, scars and marks, whether the
35 applicant has previously held an Indiana license to carry a handgun
36 and, if so, the serial number of the license and year issued, whether the
37 applicant's license has ever been suspended or revoked, and if so, the
38 year and reason for the suspension or revocation, and the applicant's
39 reason for desiring a license. If the applicant is not a United States
40 citizen, the officer to whom the application is made shall ascertain the
41 applicant's country of citizenship, place of birth, and any alien or
42 admission number issued by the United States Citizenship and
2025	IN 204—LS 6316/DI 144 6
1 Immigration Services or United States Customs and Border Protection
2 or any successor agency as applicable. The officer to whom the
3 application is made shall conduct an investigation into the applicant's
4 official records and verify thereby the applicant's character and
5 reputation, and shall in addition verify for accuracy the information
6 contained in the application, and shall forward this information
7 together with the officer's recommendation for approval or disapproval
8 and one (1) set of legible and classifiable fingerprints of the applicant
9 to the superintendent. An investigation conducted under this section
10 must include the consulting of available local, state, and federal
11 criminal history data banks, including the National Instant Criminal
12 Background Check System (NICS), to determine whether possession
13 of a firearm by an applicant would be a violation of state or federal law.
14 (f) The superintendent may make whatever further investigation the
15 superintendent deems necessary. Whenever disapproval is
16 recommended, the officer to whom the application is made shall
17 provide the superintendent and the applicant with the officer's complete
18 and specific reasons, in writing, for the recommendation of
19 disapproval.
20 (g) If it appears to the superintendent that the applicant:
21 (1) has a proper reason for receiving a license to carry a handgun;
22 (2) is of good character and reputation;
23 (3) is a proper person to be licensed; and
24 (4) is:
25 (A) a citizen of the United States; or
26 (B) not a citizen of the United States but is allowed to carry a
27 firearm in the United States under federal law;
28 the superintendent shall issue to the applicant a license to carry a
29 handgun in Indiana. The original license shall be delivered to the
30 licensee. A copy shall be delivered to the officer to whom the
31 application for license was made. A copy shall be retained by the
32 superintendent for at least five (5) years in the case of a five (5) year
33 license. The superintendent may adopt guidelines to establish a records
34 retention policy for a lifetime license. A five (5) year license shall be
35 valid for a period of five (5) years from the date of issue. A lifetime
36 license is valid for the life of the individual receiving the license. The
37 license of police officers, sheriffs or their deputies, and law
38 enforcement officers of the United States government who have twenty
39 (20) or more years of service shall be valid for the life of these
40 individuals. However, a lifetime license is automatically revoked if the
41 license holder does not remain a proper person.
42 (h) At the time a license is issued and delivered to a licensee under
2025	IN 204—LS 6316/DI 144 7
1 subsection (g), the superintendent shall include with the license
2 information concerning firearms safety rules that:
3 (1) neither opposes nor supports an individual's right to bear
4 arms; and
5 (2) is:
6 (A) recommended by a nonprofit educational organization that
7 is dedicated to providing education on safe handling and use
8 of firearms;
9 (B) prepared by the state police department; and
10 (C) approved by the superintendent.
11 The superintendent may not deny a license under this section because
12 the information required under this subsection is unavailable at the
13 time the superintendent would otherwise issue a license. The state
14 police department may accept private donations or grants to defray the
15 cost of printing and mailing the information required under this
16 subsection.
17 (i) A license to carry a handgun shall not be issued to any person
18 who:
19 (1) has been convicted of a felony;
20 (2) has had a license to carry a handgun suspended, unless the
21 person's license has been reinstated;
22 (3) is under eighteen (18) years of age;
23 (4) is under twenty-three (23) years of age if the person has been
24 adjudicated a delinquent child for an act that would be a felony if
25 committed by an adult;
26 (5) has been arrested for a Class A or Class B felony for an
27 offense committed before July 1, 2014, for a Level 1, Level 2,
28 Level 3, or Level 4 felony for an offense committed after June 30,
29 2014, or any other felony that was committed while armed with
30 a deadly weapon or that involved the use of violence, if a court
31 has found probable cause to believe that the person committed the
32 offense charged;
33 (6) is prohibited by federal law from possessing or receiving
34 firearms under 18 U.S.C. 922(g); or
35 (7) is described in section 1.5 of this chapter, unless exempted by
36 section 1.5 of this chapter.
37 In the case of an arrest under subdivision (5), a license to carry a
38 handgun may be issued to a person who has been acquitted of the
39 specific offense charged or if the charges for the specific offense are
40 dismissed. The superintendent shall prescribe all forms to be used in
41 connection with the administration of this chapter.
42 (j) If the law enforcement agency that charges a fee under
2025	IN 204—LS 6316/DI 144 8
1 subsection (b) or (c) is a city or town law enforcement agency, the fee
2 shall be deposited in the law enforcement continuing education fund
3 established under IC 5-2-8-2.
4 (k) If a person who holds a valid license to carry a handgun issued
5 under this chapter:
6 (1) changes the person's name;
7 (2) changes the person's address; or
8 (3) experiences a change, including an arrest or a conviction, that
9 may affect the person's status as a proper person (as defined in
10 IC 35-47-1-7) or otherwise disqualify the person from holding a
11 license;
12 the person shall, not later than thirty (30) days after the date of a
13 change described under subdivision (3), and not later than sixty (60)
14 days after the date of the change described under subdivision (1) or (2),
15 notify the superintendent, in writing, of the event described under
16 subdivision (3) or, in the case of a change under subdivision (1) or (2),
17 the person's new name or new address.
18 (l) The state police department shall indicate on the form for a
19 license to carry a handgun the notification requirements of subsection
20 (k).
21 (m) The state police department shall adopt rules under IC 4-22-2
22 to implement an electronic application system under subsection (a).
23 Rules adopted under this section must require the superintendent to
24 keep on file one (1) set of classifiable and legible fingerprints from
25 every person who has received a license to carry a handgun so that a
26 person who applies to renew a license will not be required to submit an
27 additional set of fingerprints.
28 (n) Except as provided in subsection (o), for purposes of
29 IC 5-14-3-4(a)(1), the following information is confidential, may not
30 be published, and is not open to public inspection:
31 (1) Information submitted by a person under this section to:
32 (A) obtain; or
33 (B) renew;
34 a license to carry a handgun.
35 (2) Information obtained by a federal, state, or local government
36 entity in the course of an investigation concerning a person who
37 applies to:
38 (A) obtain; or
39 (B) renew;
40 a license to carry a handgun issued under this chapter.
41 (3) The name, address, and any other information that may be
42 used to identify a person who holds a license to carry a handgun
2025	IN 204—LS 6316/DI 144 9
1 issued under this chapter.
2 (o) Notwithstanding subsection (n):
3 (1) any information concerning an applicant for or a person who
4 holds a license to carry a handgun issued under this chapter may
5 be released to a:
6 (A) state or local government entity:
7 (i) for law enforcement purposes; or
8 (ii) to determine the validity of a license to carry a handgun;
9 or
10 (B) federal government entity for the purpose of a single entry
11 query of an applicant or license holder who is:
12 (i) a subject of interest in an active criminal investigation; or
13 (ii) arrested for a crime; and
14 (2) general information concerning the issuance of licenses to
15 carry handguns in Indiana may be released to a person conducting
16 journalistic or academic research, but only if all personal
17 information that could disclose the identity of any person who
18 holds a license to carry a handgun issued under this chapter has
19 been removed from the general information; and
20 (3) the state police department shall, upon the request of the
21 Indiana lobby registration commission under IC 2-7-8-5,
22 inform the commission whether a particular applicant for a
23 statehouse permit holds or does not hold a valid license to
24 carry a handgun.
25 (p) A person who holds a valid license to carry a handgun under this
26 chapter is licensed to carry a handgun in Indiana.
27 (q) A person who knowingly or intentionally violates this section
28 commits a Class B misdemeanor.
2025	IN 204—LS 6316/DI 144