2015 Legislative Wish List

[CathyInBlue]

Well, it's that time of year again. Time to go a-hat-in-hand to our elected representatives and ask them to represent us. Saw this letter from Rep. Brent Steele to INGOer GodFearinGunTotin in the "Legality of police scanner apps in Indiana" thread. https://www.indianagunowners.com/fo...-police-scanner-apps-indiana.html#post5233686

Dear Constituents,

August is upon us. The summer has flown by. Our bill requests for the upcoming session are supposed to be submitted to the Legislative Services Agency (the professionals who draft all legislation) by about Sept. 10. If you have an idea that you think would improve the lives of Hoosiers, please feel free to submit it to me for a constituent bill. As a practical matter, I can only marshal so many pieces of legislation in any given session, but some of the best laws I've ever authored came from the minds of my constituents. I represent you and I am not up here to do my "own thing."

I would love to hear from you in this regard. You can reach me by email at [STRIKE]Senator.Steele@iga.in.gov[/STRIKE], or by phone at [STRIKE]800-382-9467[/STRIKE].

Thank You,
Brent Steele

I struck out Rep. Steele's addy and phone number only because this is not a thread for blowing up just his mail box. If you don't know how to contact your particular legislators, or even know who those legislators are, go here: Indiana General Assembly - 2014 Session. Blow up their inboxes.

What this thread is for is for stickying and for the INGO community to voice their ideas for what the Indiana General Assembly should expend its time and efforts on in the coming 2015 Regular Session. But, don't just use this thread to grouse about what legislation should be passed, or why such-and-such legislation wasn't passed in previous sessions. Use the list as a check list for writing letters/e-mails to your representatives and being part of this great force for progress in the Indiana Republic. (Note which words were capitalized in that last sentence.)

By no means should this thread be limitted to firearms laws, but we are IndianaGUNOwners.com.

 

[Trigger Time]

- Eliminate the unconstitutional requirement to have a license to carry a handgun. Make constitutional carry a reality in Indiana.
- make it legal to own a short barreled shotgun in Indiana.
- make it legal to carry into schools and school property.

 

[CathyInBlue]

Just like last year, I'll kick it off in style.

A) Constitutional Carry (Repeal of IC 35-47-2-1 et seq. wholesale)
1) If not repealed wholesale, then explicitly make the Regulation of Handguns chapter inapplicable to openly carried firearms by modifying IC 35-47-2-19 thusly:

IC 35-47-2-19
Application of chapter
Sec. 19. This chapter does not apply to any firearm
(a) not designed to use fixed cartridges or fixed ammunition, or any firearm made before January 1, 1899[STRIKE].[/STRIKE], or
(b) which is carried in an open or obvious manner, even if obscured by outer wear worn as intended for protection from rain or cold.

2) IC 35-47-2-24 needs to be repealed wholesale. If not, it requires gross reform.

IC 35-47-2-24 Indictment or information; defendant's burden to prove exemption or license; arrest, effect of production of valid license, or establishment of exemption
Sec.24. (a) In an information or indictment brought for the enforcement of any provision of this chapter, it is not necessary to negate any exemptions specified under this chapter, or to allege the absence of a license required under this chapter. The burden of proof is on the defendant to prove that he is exempt under section 2 of this chapter, or that he has a license as required under this chapter.
(b) Whenever a person who has been arrested or charged with a violation of section 1 of this chapter presents a valid license to the prosecuting attorney or establishes that he is exempt under section 2 of this chapter, any prosecution for a violation of section 1 of this chapter shall be dismissed immediately, and all records of an arrest or proceedings following arrest shall be destroyed immediately.
As added by P.L.311-1983, SEC.32.

IC 35-47-2-24(a) makes no mention of proof of exemption under section 1 itself, nor does it make mention of proving the inapplicability of the entire chapter if a violation of section 1 is alleged, when section 19 makes such a violation impossible. IC 35-47-2-24(b) makes no mention of a requirement to dismiss the charges and destroy the records of the violation if exemption is established under section 2 or if inapplicability is established under section 19. There also needs to be added a subsection that explicitly makes public servants liable for costs of defense against any charges predicated upon enforcement of IC 35-47-2-1 et seq. when the officer had, or reasonably should have had, foreknowledge of exception, inapplicability, or licensure and prosecuted an enforcement action anyway. This will fully bring Indiana into accord with US v Black, 2014, 4th Fed. Circ.


B) Legal carry on school/presehool/child care grounds (Repeal of:
IC 10-14-3-33.5(b) (keep gun owners from becoming felons if they are evacuated to a GFZ during an emergency) (IC 10-14-3-33.5(b)(1) was explicitly missed in last session's reform of IC 35-47-9-1 et seq., IC 34-28-7-2(b).)
IC 20-33-8-16 (except for handgun or destructive device possession) (students have 2nd Am. rights too)
IC 33-37-5-18 (just for good measure, Safe Schools Fee for people convicted of crimes with guns)
IC 34-28-7-2(b)(1 (except for C), 4, 5, 7, 8, & 9) (the guns in locked vehicles exceptions) (Much progress was made on this section last session.)
IC 35-47-5-2.5 (just for good measure, because knives are arms too)
IC 35-47-9-1 et seq. (the meaty part of this tronch)
IC 37-47-11.1-4(12) (zoning against gun shops near schools)
465 IAC 2-9-80(b)(3), 2-10-79(b)(3), 2-12-78(b)(3), 2-13-77(b)(3)

(It's important to note here that I explicitly did not mention IC 34-28-7-2(b)(1)(C) or 465 IAC 2-11-80(b)(3) as they relate to private secure facilities.)

C) Repeal of state law against Short-Barrelled Shotguns (IC 35-47-5-4.1)

D) Repeal of state law against full-auto/select-fire firearms (IC 35-47-5-9 & 10)

E) Repeal of state law against armor-piercing ammunition (IC 35-47-5-11)

F) Repeal of state law banning shuriken (IC 35-47-5-12)

G) Repeal of state law against knives of any kind (IC 35-47-5-2)

H) Repeal of state laws against electric stunners (IC 35-47-8-1 et seq.)

I) Repeal of Jake Laird's Law (IC 35-47-14-1 et seq.)

J) The affirmative right, described in the local preemption statute, to go forth in public armed, openly or concealed, with blunt objects or blades, handguns or long guns, or anything thereto appertaining.

K) The affirmative codification of when an agent of the state has the authority to disarm a person for which the agent does not have affirmative knowledge of the commission of a crime with said arms.

L) Make ISP and all other state law enforcement agents subject to IC 35-47-11.1 as well as LEOs employed by political subdivisions.

M) Clarify what constitutes a legitimate MWAG call and when the police need to tell a hoplophobe off.

N) Repeal the statute banning weapons from the Capitol grounds. (25 IAC 8)

O) Only allow local law under IC 35-47-11.1-4(5) (guns in courthouses) to have effect during hours with actual court business taking place on the premises and/or only in the actual courtrooms themselves.

P) The explicit abrogation of any duties, responsibilities, or obligations at all levels of government in the state of Indiana to follow, obey, or implement any part of any legislative or other plan based on such precepts as "U.N. Agenda 21", "responsibility to protect", or the U.N. "Arms Trade Treaty"

Q) Reform IC 35-47-11.1-1 thusly:

IC 35-47-11.1-1
Application
Sec. 1. This chapter applies to a political subdivision (as defined in IC 3-5-2-38) or an approved postsecondary educational institution (as defined in IC 21-7-13-6) which receives any funding from the state of Indiana.

After that, as well as repeal of IC 34-28-7-2(b)(4) & IC 10-14-3-33.5(b)(5), no one can be legally trespassed from a college campus just because they are exercising their 2nd Amendment rights.

 

[Viper1973]

Personally, I'd like to see public places (malls, restaurants, etc.) no longer have the ability to harass gun owners. If you're an open for the public establishment all public rights should apply.

 

[MisterChester]

Personally, I'd like to see public places (malls, restaurants, etc.) no longer have the ability to harass gun owners. If you're an open for the public establishment all public rights should apply.

Public vs private rights debate incoming!

 

[Kirk Freeman]

I wish all INGO members vote this November 2014 so we can make progress in January 2015.

 

[eldirector]

My cliff notes version:
- State Preemption apply to State agencies
- Expand it to cover "arms", not just firearms (specifically, our hodge-podge knife laws)
- LTCH to carry anywhere that is not a "secure facility"
- Make the requirements to be a "secure facility" very, very strict

Baby steps.... towards Constitutional Carry

Non Firearms related
- Completely dump Common Core
- Dump pre-K and all-day-K handout programs
- Any business that does not provide more in tax revenue than the tax break (or direct payment) they receive, owes the difference (every year). I'm looking at you, Irsay.

 

[Trigger Time]

Revoke business licenses and jail owners of businesses that hire illegal immigrants.

 

[SteveM4A1]

Personally, I'd like to see public places (malls, restaurants, etc.) no longer have the ability to harass gun owners. If you're an open for the public establishment all public rights should apply.

Agreed. People should have the right to say whatever they want in your establishment, and if you don't like it, too bad! Right?
After we go after businesses, I think we should go after citizens' homes. We should force them to accept every behavior as well!

Cathy nailed it. That is an agenda I can get behind.

 

[ryknoll3]

I'd also like to see "shall-sign" legislation for NFA. This would be an end-around for the proposed CLEO signature requirements for firearm trusts and though it's probably not an issue in most of the state, would help those of us up in NWI who deal with liberal CLEO's.

 

[GodFearinGunTotin]

Good stuff.



For the record, I replied to Sen. Steele that I would like to work towards CC...I can't remember exactly how I put it but to eldirector's point, I'd like to see legislation of that sort move us that direction.

Non-gun related, I'd like to roll back seat belt laws.

 

[Trigger Time]

Good stuff.



For the record, I replied to Sen. Steele that I would like to work towards CC...I can't remember exactly how I put it but to eldirector's point, I'd like to see legislation of that sort move us that direction.

Non-gun related, I'd like to roll back seat belt laws.

At first I thought you were emailing hi telling him you wanted "cc" concealed carry. I was thinking what a dumb .......
then I understood you meant constitutional carry Sorry

 

[eldirector]

Thought of another non-firearms....

Hold "public" employees personally responsible when they break the law, rather than shielding them from personal responsibility and letting the "State" foot the bill.

 

[MisterChester]

Non firearms:

Designate ISPs as "common carriers" as part of Title II of the Communications Act

 

[Timjoebillybob]

By no means should this thread be limitted to firearms laws, but we are IndianaGUNOwners.com.

Well it's your thread, but I disagree. 2nd Amendment should be here, for non firearm related perhaps I could suggest posting here?
https://www.indianagunowners.com/fo...-session-non-firearm-related.html#post5243694

 

[Tombs]

-Repeal of the NFA
-Repeal of the 1968 GCA
-Repeal of Hughes amendment to the FOPA
-Abolishment of gun-free-zones for all PUBLIC sector land
-Nation wide carry license reciprocity, or nation wide constitutional carry

 

[CathyInBlue]

@ TJBB: Even I mentioned knife and shuriken rights in my list. List whatever legislative changes you want, regardless of field of interest. I'd kinda like to see IC 35-45-12, the chapter on "Code Grabbing Devices" go bye-bye. I can see it being used against people playing with SDRs.

@ Tombs: Not to be the fly in your ointment, and I like your go-get-it-iveness, but this thread is kinda specific to the 2015 session of the Indiana General Assembly, not the 114th United States Congress. Indiana's kinda done all it can on your last two issues. We recognize all other licenses of all other nations and states, and there's work being done to free up the ACOE lands that remain RKBA no-go zones.

 

[jedi]

CathyInBlue not sure how to word this so here is an real life example for you.
A private school in NWI owns 2 blocks in a city.
The 1st block has the school building, the church, and the priest's house.
The 2nd block has the school gym/hall and the school parking lot.

The gym/hall is rented out to the public on Saturday/Sundays when school is not in session.
Since the public can hold a private event in the hall/gym (ie. I can rent it for my bday party and only invite you and not Fenway) how come I don't have the OK to bring a gun to the hall that I just rented.

There are no "kids in class" at the time of the renting so the protect the children "issue" is not there.
I think this would be the next baby step to getting guns onto school property.

 

[TheSpark]

So many, but here are my top picks.

1. Kids are our future, let us protect them the best we can. Allow guns in all schools. This is priority #1 to me.
2. Constitutional carry.
3. If we don't get #2 I want to see the law putting the burden of proof that we are exempt from handgun laws on us repealed.

 

[dprimm]

I would like to see required reciprocity betwwen school districts when someone is granted permission to carry at a school. That way if said person carried at district A and needed to go to district B - say to pick up their child - they sould not have to disarm.