2023 Legislative Session Thread

[KellyinAvon]

This is the one Guy had concerns about. I see why.

The court's 15 order may enjoin the individual from possessing a firearm until a 16 hearing is held under section 6 of this chapter. An order under this 17 subsection shall be personally served on the individual.

https://iga.in.gov/legislative/2023/bills/senate/295#document-2964299c

 

[KellyinAvon]

Time for a synopsis of what's been introduced for the legislative session. Not all-inclusive and does not include the usual suspects from the antis introducing bills that are DOA. As of now (Senate deadline is 1600 today for bills, House is all in-all done at this point) I DO NOT see a bill dealing with banks/card processors who discriminate against anything firearms related will not have contracts with the State of Indiana. This is disappointing.

I'll edit as time allows later. Have three more to add.

Edit: I added the others with a reply to this thread.

HB 1117: Rep Sweet, referred to Courts and Criminal

Support, nuff said.

Second amendment protection. Provides that certain federal laws that infringe on the right to keep and bear arms are invalid, not recognized, and rejected, and shall not be enforced by Indiana. Specifies penalties and causes of action concerning a political subdivision or law enforcement agency that employs a: (1) law enforcement officer who enforces or attempts to enforce certain provisions or otherwise deprives a citizen of Indiana of particular constitutional rights or privileges; or (2) federal official, or person who gives material aid to a federal official, who knowingly enforces or attempts to enforce certain laws.

HB 1166: Rep Smaltz, referred to Veterans Affairs and Public Safety

Support, makes sense, it's not the ISP LE Academy Board.

Law enforcement academy board chair. Provides that the chair of the Indiana law enforcement training board alternates every two years among the superintendent of the Indiana state police department, a county sheriff, and a chief of police.

HB 1177: Jim Lucas, referred to Education

Support, deterrence works. This is not the crony capitalism version, training from ILEA instructors.

Handgun training for teachers. Creates a specialized firearms safety, education, and training curriculum (curriculum) for teachers, school staff, and school employees. Specifies curriculum requirements. Authorizes funds from the: (1) Indiana safe schools fund; (2) Indiana secured schools fund; and (3) school corporation and charter school safety advance program; to be used for the purpose of providing specialized firearms instruction to certain teachers, school staff, and school employees, and for providing counseling services to students, teachers, school staff, and school employees in the event of a school shooting.

HB 1261: Jim Lucas, referred to Courts and Criminal Code.

Support, fixes Nantz v State 2001. Has passed the Senate THREE TIMES yet never got a hearing in the House.

Self-defense. Specifies that "reasonable force" includes the pointing of a loaded or unloaded firearm for purposes of arrest or to prevent an escape, or for self-defense.

https://iga.in.gov/legislative/2023/bills/

 

[GodFearinGunTotin]

Time for a synopsis of what's been introduced for the legislative session. Not all-inclusive and does not include the usual suspects from the antis introducing bills that are DOA. As of now (Senate deadline is 1600 today for bills, House is all in-all done at this point) I DO NOT see a bill dealing with banks/card processors who discriminate against anything firearms related will not have contracts with the State of Indiana. This is disappointing.

I'll edit as time allows later. Have three more to add.

HB 1117: Rep Sweet, referred to Courts and Criminal

Support, nuff said.

Second amendment protection. Provides that certain federal laws that infringe on the right to keep and bear arms are invalid, not recognized, and rejected, and shall not be enforced by Indiana. Specifies penalties and causes of action concerning a political subdivision or law enforcement agency that employs a: (1) law enforcement officer who enforces or attempts to enforce certain provisions or otherwise deprives a citizen of Indiana of particular constitutional rights or privileges; or (2) federal official, or person who gives material aid to a federal official, who knowingly enforces or attempts to enforce certain laws.

HB 1166: Rep Smaltz, referred to Veterans Affairs and Public Safety

Support, makes sense, it's not the ISP LE Academy Board.

Law enforcement academy board chair. Provides that the chair of the Indiana law enforcement training board alternates every two years among the superintendent of the Indiana state police department, a county sheriff, and a chief of police.

HB 1177: Jim Lucas, referred to Education

Support, deterrence works. This is not the crony capitalism version, training from ILEA instructors.

Handgun training for teachers. Creates a specialized firearms safety, education, and training curriculum (curriculum) for teachers, school staff, and school employees. Specifies curriculum requirements. Authorizes funds from the: (1) Indiana safe schools fund; (2) Indiana secured schools fund; and (3) school corporation and charter school safety advance program; to be used for the purpose of providing specialized firearms instruction to certain teachers, school staff, and school employees, and for providing counseling services to students, teachers, school staff, and school employees in the event of a school shooting.

HB 1261: Jim Lucas, referred to Courts and Criminal Code.

Support, fixes Nantz v State 2001. Has passed the Senate THREE TIMES yet never got a hearing in the House.

Self-defense. Specifies that "reasonable force" includes the pointing of a loaded or unloaded firearm for purposes of arrest or to prevent an escape, or for self-defense.

https://iga.in.gov/legislative/2023/bills/

Thanks for putting this together. A couple of thoughts.

1117: What are the certain laws that it will not enforce and what are the certain laws that they will assist/enforce? I’m betting the existing stuff that’s on the books (eg NFA, Hughes, etc.) they will. These bills are ok and I‘m not against them but I see little about them that would cause me to drive all the way to Indy to support. Please tell me where I’m wrong.

1166: Uh…ok.

1177: And Jim and I have exchanged a couple of IMs on this. I’m ok with everything except that one line about giving retired LEOs super-citizen rights. That’s a poison pill to me.

1261: This is common sense gun reform.

 

[GodFearinGunTotin]

Thanks for putting this together. A couple of thoughts.

1117: What are the certain laws that it will not enforce and what are the certain laws that they will assist/enforce? I’m betting the existing stuff that’s on the books (eg NFA, Hughes, etc.) they will. These bills are ok and I‘m not against them but I see little about them that would cause me to drive all the way to Indy to support. Please tell me where I’m wrong.

1166: Uh…ok.

1177: And Jim and I have exchanged a couple of IMs on this. I’m ok with everything except that one line about giving retired LEOs super-citizen rights. That’s a poison pill to me.

1261: This is common sense gun reform.

ETA: Regarding 1117. I just saw this. This makes me a bit more comfortable with it. According to Rep Sweet, it protects against enforcement of any law that’s not also an Indiana law.

Video

fb.watch

 

[KellyinAvon]

Time for a synopsis of what's been introduced for the legislative session. Not all-inclusive and does not include the usual suspects from the antis introducing bills that are DOA. As of now (Senate deadline is 1600 today for bills, House is all in-all done at this point) I DO NOT see a bill dealing with banks/card processors who discriminate against anything firearms related will not have contracts with the State of Indiana. This is disappointing.

I'll edit as time allows later. Have three more to add.

Edit: I added the others with a reply to this thread.

HB 1117: Rep Sweet, referred to Courts and Criminal

Support, nuff said.

Second amendment protection. Provides that certain federal laws that infringe on the right to keep and bear arms are invalid, not recognized, and rejected, and shall not be enforced by Indiana. Specifies penalties and causes of action concerning a political subdivision or law enforcement agency that employs a: (1) law enforcement officer who enforces or attempts to enforce certain provisions or otherwise deprives a citizen of Indiana of particular constitutional rights or privileges; or (2) federal official, or person who gives material aid to a federal official, who knowingly enforces or attempts to enforce certain laws.

HB 1166: Rep Smaltz, referred to Veterans Affairs and Public Safety

Support, makes sense, it's not the ISP LE Academy Board.

Law enforcement academy board chair. Provides that the chair of the Indiana law enforcement training board alternates every two years among the superintendent of the Indiana state police department, a county sheriff, and a chief of police.

HB 1177: Jim Lucas, referred to Education

Support, deterrence works. This is not the crony capitalism version, training from ILEA instructors.

Handgun training for teachers. Creates a specialized firearms safety, education, and training curriculum (curriculum) for teachers, school staff, and school employees. Specifies curriculum requirements. Authorizes funds from the: (1) Indiana safe schools fund; (2) Indiana secured schools fund; and (3) school corporation and charter school safety advance program; to be used for the purpose of providing specialized firearms instruction to certain teachers, school staff, and school employees, and for providing counseling services to students, teachers, school staff, and school employees in the event of a school shooting.

HB 1261: Jim Lucas, referred to Courts and Criminal Code.

Support, fixes Nantz v State 2001. Has passed the Senate THREE TIMES yet never got a hearing in the House.

Self-defense. Specifies that "reasonable force" includes the pointing of a loaded or unloaded firearm for purposes of arrest or to prevent an escape, or for self-defense.

https://iga.in.gov/legislative/2023/bills/

As promised:

HB 1323: Rep Haggard (my NRA-ILA POC reached out on bills from Rep Haggard, seems to be highly recommended by NRA-ILA) referred to Courts and Criminal Code

Support

Information privacy relating to firearms. Specifies the circumstances under which information concerning a person who applies for or holds a license to carry a handgun may be released to a federal government entity.

Specifically (looks pre-emptive to the feds fishing?) :

any information concerning an applicant for or a person who 31 holds a license to carry a handgun issued under this chapter may 32 be released to a: federal, 33 (A) state or local government entity: 34 (A) (i) for law enforcement purposes; or 35 (B) (ii) to determine the validity of a license to carry a 36 handgun; and or 37 (B) federal government entity for the purpose of a single 38 entry query of an applicant or license holder who is: 39 (i) a subject of interest in an active criminal 40 investigation; or 41 (ii) arrested for a crime; and

SB 295: Jack Sandlin referred to Corrections and Criminal Law

Oppose: my due process concerns are in post #141

Red flag laws. Specifies a process for the state to request, and a court to order, release of mental health records of an individual who is alleged to be dangerous. Provides that a court that: (1) issues a warrant to search for and seize a firearm in the possession of an individual who is dangerous; or (2) finds probable cause that an individual is dangerous; may issue an order enjoining the individual from possessing a firearm until a hearing may be held. Requires the prosecuting attorney for the judicial district to represent the state at a hearing concerning an individual

More to follow

 

[KellyinAvon]

I don’t have my crib sheet with me, but SB 139 Fentanyl by Jim Tomes increases the felony level on fentanyl related crimes. This is not my usual lane but the leading cause of death for 18-45 year olds is overdose. The leading cause of overdose is fentanyl.

If my schedule allows I will be there. No shortage of data. Plus, I’ll be curious to see who is there opposing it… Other than the public defenders council of course since they hate felonies.

 

[DadSmith]

Thanks for putting this together. A couple of thoughts.

1117: What are the certain laws that it will not enforce and what are the certain laws that they will assist/enforce? I’m betting the existing stuff that’s on the books (eg NFA, Hughes, etc.) they will. These bills are ok and I‘m not against them but I see little about them that would cause me to drive all the way to Indy to support. Please tell me where I’m wrong.

1166: Uh…ok.

1177: And Jim and I have exchanged a couple of IMs on this. I’m ok with everything except that one line about giving retired LEOs super-citizen rights. That’s a poison pill to me.

1261: This is common sense gun reform.

Post in thread '2023 Legislative Session Thread' https://www.indianagunowners.com/threads/2023-legislative-session-thread.525489/post-9418702

 

[KLB]

I don’t have my crib sheet with me, but SB 139 Fentanyl by Jim Tomes increases the felony level on fentanyl related crimes. This is not my usual lane but the leading cause of death for 18-45 year olds is overdose. The leading cause of overdose is fentanyl.

If my schedule allows I will be there. No shortage of data. Plus, I’ll be curious to see who is there opposing it… Other than the public defenders council of course since they hate felonies.

That's nothing more than a "we're doing something" bill. It will do zero to change what is going on.

 

[KellyinAvon]

That's nothing more than a "we're doing something" bill. It will do zero to change what is going on

Doing something is better than doing nothing. Besides, I already have the stats ready

 

[GodFearinGunTotin]

Doing something is better than doing nothing. Besides, I already have the stats ready

I don’t have an opinion one way or another on this bill but when I hear “just do something”, that kinda makes me twitch.

 

[KellyinAvon]

I don’t have an opinion one way or another on this bill but when I hear “just do something”, that kinda makes me twitch.

I understand where you are coming from GFGT. It's a bit outside the lane for INGO, but hey I'm 20 minutes away and have a metric ****-ton of leave to burn. Not to mention some really awesome polo shirts I can't wear at work. These include: Gadsden Flag, US Flag with text of 2nd Amendment, two "Come and Take It" with AR-15s (one white on black, one black on white) and an NRA Houston 2022.

 

[KLB]

I don’t have an opinion one way or another on this bill but when I hear “just do something”, that kinda makes me twitch.

That is my feeling as well.

Making something more illegal doesn't stop it.

 

[KLB]

Doing something is better than doing nothing. Besides, I already have the stats ready

Not necessarily. It is no more helpful that gun laws. They are just talking about making it more illegal.

Instead we need to come up with a solution to stop it, or more realistically curtail it.

 

[GodFearinGunTotin]

Not necessarily. It is no more helpful that gun laws. They are just talking about making it more illegal.

Instead we need to come up with a solution to stop it, or more realistically curtail it.

”Just do something” is how we ended up with mask wearing, plexiglass everywhere, and vaccine mandates.

 

[Hawkeye]

”Just do something” is how we ended up with mask wearing, plexiglass everywhere, and vaccine mandates.

Actually, its how we end up with more anti-gun laws and cries for more every time there is a shooting death. That's more to the point of INGO, in my opinion.

 

[GodFearinGunTotin]

Actually, its how we end up with more anti-gun laws and cries for more every time there is a shooting death. That's more to the point of INGO, in my opinion.

Actually, it’s the same thing.

 

[KellyinAvon]

ETA: Regarding 1117. I just saw this. This makes me a bit more comfortable with it. According to Rep Sweet, it protects against enforcement of any law that’s not also an Indiana law.

Video

fb.watch

Finally gave this a look. Rep Sweet is from District 50 which includes Huntington and Wabash (as I say, "up north"; as GFGT says, "WAY up north") Elected in 2022.

She is absolutely correct on getting Rep McNamara's attention (Chair of the Courts and Criminal Code Committee) on this matter. This is the same committee chair who has let "Fix Nantz v State" die in committee THREE TIMES after it passed the Senate.

OH LOOK!! A link with contact info. I'll draft some (hopefully) motivational inbox filler later today.

Wendy McNamara | State of Indiana House of Representatives

The Indiana House Republican Caucus is the majority caucus of the Indiana House of Representatives & has 71 legislators, led by House Speaker Todd Huston.

www.indianahouserepublicans.com

 

[KellyinAvon]

Finally gave this a look. Rep Sweet is from District 50 which includes Huntington and Wabash (as I say, "up north"; as GFGT says, "WAY up north") Elected in 2022.

She is absolutely correct on getting Rep McNamara's attention (Chair of the Courts and Criminal Code Committee) on this matter. This is the same committee chair who has let "Fix Nantz v State" die in committee THREE TIMES after it passed the Senate.

OH LOOK!! A link with contact info. I'll draft some (hopefully) motivational inbox filler later today.

Wendy McNamara | State of Indiana House of Representatives

The Indiana House Republican Caucus is the majority caucus of the Indiana House of Representatives & has 71 legislators, led by House Speaker Todd Huston.

www.indianahouserepublicans.com

Here's the first one (HB 1261 AKA fix Nantz v State)

Specific to the committee chair since that's who gets it scheduled for a hearing. Link to send the email is below also.

Representative McNamara,

I am writing to encourage your support of HB 1261, Self Defense. Authored by Representative Lucas and co-authored by Representatives Torr, Morrison, and Payne: this bill corrects a longstanding problem that resulted from an Indiana Appeals Court decision.

HB 1261 does not change when reasonable use of force includes deadly force. Likewise, HB 1261 does not make it legal to point a firearm at someone without the imminent threat of unlawful force. What bill does is accurately define deadly force.

The Indiana Appeals Court ruled in Nantz v State (2001) that the act of pointing a firearm was deadly force. Inference and possibility (the basis of the Nantz decision) are not the same as deadly force by any stretch of the imagination. HB 1261 simply specifies that pointing a firearm is reasonable force in a self-defense or arrest situation, correcting over 20 years of judicial overreach.

HB 1261 is a very short bill, changing very little in current Indiana Code. Better defining of reasonable force will be of great help to Hoosiers in self-defense situations, and afterwards. I’m sure I can count on your support with this important legislation, and bring this bill up for a hearing.

Thank you,

https://iga.in.gov/legislative/2023/legislators/legislator_wendy_mcnamara_1046/

 

[KellyinAvon]

Here's the second one to (hopefully) motivate Rep McNamara. Specific to her since she's the chair.

Representative McNamara,

It is imperative HB 1117 Second Amendment Protection receive a hearing and a vote in the Courts and Criminal Code Committee.

Recently we have witnessed unprecedented abuse of authority by the Executive Branch of the federal government. Most recently the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) has sought to require the registration of millions of braced pistols as short-barreled rifles under the National Firearms Act of 1934 (NFA 1934.) This is being done not through legislation, but through a rule change. BATFE had considered braced pistols to be handguns (not subject to NFA 1934) for over 10 years.

HB 1117 references the 10th Amendment to the US Constitution concerning limitations on the powers of the federal government, and the powers left to the people and the States. Our Founders understood the importance of limiting federal power, but couldn’t have foreseen the “Administrative State” that we have today, and must check.

Abusive government entities continue the abuse until stopped. Unfortunately, this requires the Judicial Branch of government to become involved, and often takes a lot of time and resources. HB 1117 is a proactive and preemptive measure to protect the essential rights affirmed by the 2nd Amendment of the US Constitution and Article 1, Section 32 of the Indiana State Constitution.

I’m sure I can count on your support with this important legislation, and bringing HB 1117 up for a hearing.

Thank you,



Name

Address

Phone

https://iga.in.gov/legislative/2023/legislators/legislator_wendy_mcnamara_1046/

 

[jamil]

”Just do something” is how we ended up with mask wearing, plexiglass everywhere, and vaccine mandates.

I think the saying, "don't just stand there, do something," was invented by a woman. There. I said it.



And then jamil was never heard from again.