Proposed Indiana Firearm Legislation
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note: Indiana does not carry over legislation from session to session
Title: Reconciles technical and substantive conflicts between HEA 1006-2013 (the criminal code revision bill) and other bills concerning criminal law.
Description: Changes the nomenclature for felonies from "Class" to "Level" for statutes not amended by HEA 1006-2013. Removes criminal gang activity, criminal gang intimidation, and certain drug offenses from the list of crimes over which a juvenile court does not have jurisdiction. Authorizes pretrial diversion for persons charged with a Level 5 or Level 6 felony. Prohibits a credit restricted felon from obtaining sentence modification. Provides that, not later than 365 days after: (1) a convicted person begins serving the person's sentence; and (2) the court obtains a report from the department of correction concerning the convicted person's conduct while imprisoned; the court may reduce or suspend the person's sentence and impose any sentence the court was authorized to impose at the time of sentencing. Specifies that, if more than 365 days have elapsed since the convicted person began serving the sentence, the court may reduce or suspend the sentence and impose any sentence the court was authorized to impose at the time of sentencing. Limits the filing of subsequent petitions to modify a sentence, and removes the requirement that the court hold a hearing. Requires a court to explain its reasons for imposing a sentence unless the court imposes an advisory sentence. Increases the number of crimes that are nonsuspendible. Makes changes to the penalties for the crimes of dealing in cocaine or a narcotic drug and dealing in methamphetamine. Allows a court to suspend any part of a sentence for a Level 2 felony or a Level 3 felony concerning a controlled substance. Enhances the penalties for certain controlled substance offenses if a person commits an offense: (1) within
Last Action: Signed by the Governor
Last Action Date: March 26, 2014
Title: Castle doctrine and vicarious liability.
Description: Defines "person" and provides that a person is immune from civil liability for damages caused by another person's use of force if the other person's use of force was a valid exercise of the other person's right to self-defense.
Last Action: First Reading: Referred to Judiciary
Last Action Date: January 7, 2014
Title: Possession of firearms on state property.
Description: Prohibits a state agency, including a state supported college or university, from regulating the possession or transportation of firearms, ammunition, or firearm accessories: (1) on land that is; or (2) in buildings and other structures that are; owned or leased by the state. Provides for certain exceptions. Voids, as of July 1, 2014, any rules or policies enacted or undertaken by a state agency before, on, or after June 30, 2014, concerning possession or transportation of firearms, ammunition, or firearm accessories on land or in structures owned or leased by the state. Allows a person to bring an action against a state agency if the person is adversely affected by a rule, a measure, an enactment, or a policy of the state agency that violates this law.
Last Action: First Reading: Referred to Public Policy
Last Action Date: January 7, 2014
Title: Possession of firearms.
Description: Makes knowingly or intentionally possessing a firearm: (1) in or on school property; (2) in or on property that is not school property and is being used by a school for a school function; or (3) on a school bus; a Class A misdemeanor instead of a Level 6 felony. Provides that for purposes of the law concerning possession of firearms on school property: (1) school property means a building or other structure owned or rented by a school that is being used exclusively by the school for a school function and does not include grounds adjacent to and owned or rented in common with the building or other structure; (2) property that is not school property that is being used for a school function if the property is being used exclusively by a school for a school function, the property is not accessible to the general public during the school function, and a notice is conspicuously posted at each entrance to the property that states that the property is being used by a school for a school function; and (3) the law does not apply to a person who may legally possess a firearm and possesses a firearm that is locked in the trunk of the person's motor vehicle, kept in the glove compartment of the person's locked motor vehicle, or stored out of plain sight in the person's locked motor vehicle. Removes a provision from the law concerning firearms in locked vehicles that allows a person to adopt a policy or rule that prohibits an employee of the person from possessing a firearm or ammunition in or on school property, in or on property that is being used by a school for a school function, or on a school bus in violation of: (1) student discipline laws concerning possession of firearms; or (2) the law concerning possession of firearms on school property and school buses. Specifies that the law
Last Action: Representative Harman added as coauthor.
Last Action Date: January 27, 2014
Title: Judicial officers and firearms.
Description: Provides that certain judicial officers: (1) may possess and use a firearm in the same locations that a law enforcement officer who is authorized to carry a firearm may possess a firearm while the law enforcement officer is engaged in the execution of the law enforcement officer's official duties; and (2) may not be prohibited from possessing a firearm on land or in buildings and other structures owned or leased by the state or any agency of state government or a political subdivision. Specifies that a judicial officer who possesses and uses a firearm has the same civil and criminal immunities and defenses that a law enforcement officer has when the law enforcement officer: (1) possesses and uses a firearm; and (2) is engaged in the execution of the law enforcement officer's official duties.
Last Action: First Reading: Referred to Public Policy
Last Action Date: January 9, 2014
Title: Handgun permit indication.
Description: Provides that an individual may request that the bureau of motor vehicles (bureau) place a notation on the individual's driver's license or identification card that indicates that the individual possesses a lifetime handgun license. Requires the bureau to verify whether the individual has a lifetime handgun license by contacting the superintendent of the state police department (superintendent). Requires the superintendent to conduct a background investigation concerning the individual and report the results of the investigation to the bureau. Makes a technical correction.
Last Action: First Reading: Referred to Roads and Transportation
Last Action Date: January 15, 2014
Title: Sentences for crimes.
Description: Increases, under certain circumstances, the penalties for: (1) reckless homicide; (2) child exploitation; (3) robbery; (4) burglary; (5) theft; (6) forgery; (7) identity deception; and (8) possession of a firearm by a serious violent felon. Creates the crime of retail theft. Contains conforming amendments and makes technical corrections.
Last Action: First Reading: Referred to Courts and Criminal Code
Last Action Date: January 15, 2014
Title: Indiana volunteers program.
Description: Establishes the Indiana volunteers program administered by the adjutant general. Specifies that the program consists of Indiana residents who have demonstrated a proficiency in the use of weapons to assist the adjutant general in the protection of Indiana during emergencies. Establishes the citizen marksmanship and firearms proficiency program to: (1) foster citizen involvement in shooting sports; (2) recommend training courses for citizens to be involved in shooting sports; and (3) foster defense training exercises. Requires the governor annually to proclaim a "Citizens Range and Firearms Safety Day" for the promotion of the proficiency program.
Last Action: First Reading: Referred to Veterans Affairs and Public Safety
Last Action Date: January 16, 2014
Title: Urging study committee on nullification of federal firearms legislation
Description: Urging study committee on nullification of federal firearms legislation
Last Action: First Reading: Referred to Judiciary
Last Action Date: February 17, 2014
Title: Handgun training.
Description: Requires a person who applies after December 31, 2014, for a license to carry a handgun to first complete an eight hour handgun safety and training program.
Last Action: First Reading: Referred to Judiciary
Last Action Date: January 7, 2014
Title: Firearms.
Description: Makes it a Level 5 felony for a person to provide an individual with a firearm if the person knows that the individual: (1) is legally ineligible to possess a firearm; or (2) intends to use the firearm to commit a crime; and increases the penalty to a Level 3 felony if the firearm is used to commit murder. Provides a defense for certain persons accused of providing firearms to ineligible individuals if: (1) the accused person contacted NICS to request a background check on the individual; and (2) the accused person received authorization from NICS to provide the firearm to the individual. Makes theft a Level 6 felony instead of a Class A misdemeanor if the property involved is a firearm. Allows the state to seek a sentencing enhancement of from five years to 20 years if a person uses a firearm to commit: (1) a felony against the person that results in death or serious bodily injury; (2) kidnapping; or (3) criminal confinement as a Level 2 or Level 3 felony.
Last Action: Signed by the Governor
Last Action Date: March 26, 2014
Title: Firearm matters.
Description: Allows a firearm that may be destroyed to be sold to a salvage company and destroyed by dismantling the firearm for parts, scrap metal, or recycling, or for resale as parts for other firearms. Provides that a unit may conduct a firearms buyback program with private funds or grants. Establishes a procedure to permit certain individuals whose firearms have been retained by a law enforcement agency to have the firearms sold at auction and the proceeds, less the costs of sale, returned to the individual. Removes a provision from the law making possession of a firearm on property that is being used by a school for a school function a felony. Provides, for purposes of the law concerning possession of firearms on school property, that the law does not apply to certain students who are members of a shooting sports team or certain individuals who may legally possess a firearm and possess a firearm that is locked in the trunk of the person's motor vehicle, kept in the glove compartment of the person's locked motor vehicle, or stored out of plain sight in the person's locked motor vehicle. Specifies that the law concerning firearms in locked vehicles does not prohibit an employer from prohibiting an employee from possessing a firearm or ammunition at the employer's residence. Provides that the chapter concerning possession of firearms on school property and school buses does not apply to a person who may possess the firearm and possesses the firearm in a motor vehicle. Makes it a Class A misdemeanor if certain persons leave a firearm in plain view in a motor vehicle parked in a school parking lot. Removes a provision from the law concerning firearms in locked vehicles that allows a person to adopt or enforce an ordinance, a resolution, a policy or rule that prohibits an employee of the
Last Action: Public Law 157
Last Action Date: March 26, 2014