Fixing Indiana's State-of-Emergency Law

[rambone]

Recently a state banned gun sales during a snowstorm. This should make it clear to anyone that too much power is given to state governors during a declared "State of Emergency." Indiana is no different with its current laws.

This thread is to post contact information of state rep's, post pre-written letters for others to send, etc. We can hopefully work on getting the line in red removed from Indiana Code.

Ummmm... Indiana Code gives even greater authority to our governor in a state of emergency than others have pointed out in other sections of IC:

Indiana Code 10-14-3

IC 10-14-3-12
Disaster emergency; emergency gubernatorial powers
Sec. 12. (a) The governor shall declare a disaster emergency by executive order or proclamation if the governor determines that a disaster has occurred or that the occurrence or the threat of a disaster is imminent. The state of disaster emergency continues until the governor:
(1) determines that the threat or danger has passed or the disaster has been dealt with to the extent that emergency conditions no longer exist; and
(2) terminates the state of disaster emergency by executive order or proclamation.
.
.
.
(d) In addition to the governor's other powers, the governor may do the following while the state of emergency exists:
.
.
.
(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles.


So, not only could our governor essentially dismiss ALL LTCH permits in the state, but he could also make it a crime for you to take gasoline or other fuels to family/neighbors/friends if they needed them (combustibles). Grandma is out of gas on the side of the road in the snowstorm? Too bad. Friend is almost out of wood for his fireplace and is going to freeze? Too bad.

But alcohol? Seriously? What on earth is that going to prevent?
Are the citizens going to have too much fun while snowed in to their homes and forced to stay home from work? I guess the Gov. becomes the Fun Police when it snows real hard here...

So the question now is. What do WE (INDIANA) do about it? Our own IN law is just as messed up as the one is NC. We can't fix NC's law but we can our own. So does another (off of INGO) group need to be formed to fix this just like the one that got the ball rolling on the LTCH database?

We need to stop saying WTF and complain about tings happening and NOW fix them. It has be brought to our attention that our own law is now flawed. So will take up the ball and begin to roll with it?

or are you all internet commandos?

 

[leb1982]

When a State of Emergency is declared it is illegal for someone to drive thats where the transportation part comes in to play. You should only drive if you have no other choice. The state is consider closed at that point.

 

[rambone]

"sale, dispensing, or transportation"

Sounds like much more than shutting down the roads. And if it is a crime to be on the roads, then there doesn't need to be an additional crime saying you can't transport your own legal property.

 

[pftraining_in]

So if the state is in a state of emergency and you can not drive, how are you going to drive somewhere and purchase a firearm?

Why would the gun store be open if you are not allowed to drive to work?

This allows for the state to limit items and material from being shipped through the state during a state of emergency. If you get a semi truck full of AKs and ammo stuck in snow drift, who is going to set around and protect it? I see no where in that statute where it states LTCH will be suspended.

The combustibles and explosives part is to stop the truck load of nitroglycerin from sliding off the road and taking out a city during bad weather. It has nothing to do with transporting heating fuel for your home.

 

[Bill of Rights]

So if the state is in a state of emergency and you can not drive, how are you going to drive somewhere and purchase a firearm?

Why would the gun store be open if you are not allowed to drive to work?

This allows for the state to limit items and material from being shipped through the state during a state of emergency. If you get a semi truck full of AKs and ammo stuck in snow drift, who is going to set around and protect it? I see no where in that statute where it states LTCH will be suspended.

The combustibles and explosives part is to stop the truck load of nitroglycerin from sliding off the road and taking out a city during bad weather. It has nothing to do with transporting heating fuel for your home.

One does not need to be at a FFL dealer's place of business to purchase a firearm nor ammo. I could walk to my next door neighbor's house and purchase a firearm from him, but this unConstitutional "law" would make that action unlawful.

While the "law" may be intended to control the truck of nitro, it also applies to heating fuel. Come to think of it, I might hypothetically have a small sterno-type stove in my car. That type of fuel is flammable, obviously. Anyone else have something like that in a BOB? Don't answer here, just think about the answer. Further, those of you who are smokers... Your matches or lighter are combustible as well. Food for thought.

Blessings,
Bill

 

[pftraining_in]

Your car is full of fuel and your manual and map are made out of paper, all of which are combustible. So I guess the state is saying you should not be out driving during a state of emergency.

 

[Astrocreep]

I think HB 1065 is going to do this. (otherwise known as the guns-in-cars bill).

Introduced Version, House Bill 1065

I recall Governor Daniels making a commitment to never use this power sometime back in 2006(?) in response to the uproar about such actions taken in the aftermath of Katrina. "Not in our state" or something like that. It was a full-page thing in the Indy (red) Star.

Regardless, I won't comply with such an edict anyway, so what's the point?

To MK18:
The 'combustibles' part doesn't seem to be targeted to truckloads of TNT or other dangerous stuff, since no one in their right mind would be transporting that during an environmental emergency... but I could be wrong.
Seems to me it may be meant to make it harder for people to drive around with gasoline, chopped wood, or other fuels and price gouge desperate folks for profit.
THAT seems likely to happen in a prolonged snow emergency.

 

[SKSnut]

I think HB 1065 is going to do this. (otherwise known as the guns-in-cars bill).

Introduced Version, House Bill 1065

I recall Governor Daniels making a commitment to never use this power sometime back in 2006(?) in response to the uproar about such actions taken in the aftermath of Katrina. "Not in our state" or something like that. It was a full-page thing in the Indy (red) Star.

Regardless, I won't comply with such an edict anyway, so what's the point?

To MK18:
The 'combustibles' part doesn't seem to be targeted to truckloads of TNT or other dangerous stuff, since no one in their right mind would be transporting that during an environmental emergency... but I could be wrong.
Seems to me it may be meant to make it harder for people to drive around with gasoline, chopped wood, or other fuels and price gouge desperate folks for profit.
THAT seems likely to happen in a prolonged snow emergency.

i hope that bill passes.

 

[inxs]

Much the same as the old INCERT (think it was IN citizen emergency response team) of old recruiting meeting. They wanted you to furnish your equipment, they would give you some fuel, then they told people that they couldn't be armed, had to do this, that, and the other and by the time they were finished with that part the room was empty.....

 

[jedi]

 

[Trpanther]

Anyone know when this bill is to be voted on? I to hope it passes, just to be legal I would not comply anyway.

 

[Bill of Rights]

Anyone know when this bill is to be voted on? I to hope it passes, just to be legal I would not comply anyway.

It was reported that HB 1065 and 1068 passed out of committee and will be going to the Senate floor for Second Reading. No date is yet set for that to happen that I have seen. The process after that is for the bills to go to Third Reading, from whence they cannot be amended, and then to Gov. Daniels' desk. There may be a conference committee in there as well, if there are differences between the passed versions of the bills. We're not done yet, but this is farther than other gun bills have gotten with Bauer over the House. I am cautiously encouraged.

Blessings,
Bill

 

[Sailor]

Similar question: Who can call a State Of Emergency? Mayor/Sheriff/Govenor? What is the chain of command? Can the Governor trump a Sheriff?

What is the SOE criteria?
What is the SOE plan and what rights does it threaten?

 

[CopperWires]

So what do I do to support this? Who do I call, write or email?

 

[rambone]

I wish there was an easier way. But here is a list of Indiana Congressmen.

Indiana General Assembly: FAQs


Can somebody provide a list of direct emails to our representatives?

 

[CopperWires]

Well, the NRA-ILA site has a great tool that selects all the appropriate reps for your area. So like Bayh, Lugar, Hill, and Obama but I don't know of one that sends an email to everyone. So am I supposed to send an email to all of these people or only the reps for my district?

 

[glockman49]

law

I'm not worried about Gov. Daniels using this power. I am worried about the next guy in office that I don't know yet using it.

 

[dukeboy_318]

snow emergency or no snow emergency, my job requires me to be in attendance regardless of whether there is a snow emergency or not, we cant call in and say we cant make it due to a snow emergency being declared, only time its ever been allowed was back in the big flood of 08 when my place of employment and my house were both an island of their own. but ill probably be carrying anyway

 

[rambone]

Interesting that this "guns in vehicles" law includes some verbage about the Emergency Powers of government during a crisis/emergency.

HB1065, authored by State Representative Bob Bischoff (D-68) and
sponsored by State Senator Johnny Nugent (R-43) and State Senator Brent
Steele (R-44), would prevent state or local government authorities from
confiscating lawfully owned firearms during declared states of
emergency, such as occurred in New Orleans following Hurricane Katrina.
Moreover, this bill would also prohibit employers from firing employees
who safely and lawfully store their firearms in their privately-owned
locked vehicles while on an employer's property.

 

[Bill of Rights]

Interesting that this "guns in vehicles" law includes some verbage about the Emergency Powers of government during a crisis/emergency.

That's something Rep. Eric Koch has been trying to push through for at least a couple of years. Bauer never let it be heard. Finally, it got added to a bill that was going to pass to give Dems some pro-2A political cover.

They got rid of most of it, but a little still remains:

SECTION 2. IC 10-14-3-33.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 33.5. (a) Except as provided in

subsection (b), the state, a political subdivision, or any other person may not prohibit or restrict the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during:
(1) a disaster emergency;
(2) an energy emergency; or
(3) a local disaster emergency;
declared under this chapter.
(b) Subsection (a) does not authorize the possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during an emergency described in subsection (a):
(1) 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 IC 20-33-8-16 or IC 35-47-9-2;
(2) on the property of:
(A) a child caring institution;
(B) an emergency shelter care child caring institution;
(C) a private secure facility;
(D) a group home; or
(E) an emergency shelter care group home;
in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465 IAC 2-11-80, 465 IAC 2-12-78, or 465 IAC 2-13-77;
(3) on the property of a penal facility (as defined in IC 35-41-1-21);
(4) in violation of federal law;
(5) in or on property belonging to an approved postsecondary educational institution (as defined in IC 21-7-13-6(b));
(6) on the property of a domestic violence shelter;
(7) at a person's residence; or
(8) on property owned, operated, controlled, or used by an entity that:
(A) is required to:
(i) conduct a vulnerability assessment; and
(ii) develop and implement a site security plan;
under the United States Department of Homeland Security's Chemical Facility Anti-Terrorism Standards issued April 9, 2007; or
(B) is required to have a security plan under the Maritime Transportation Security Act of 2002, Public Law 107-295.





SOURCE: IC 35-47-11-1; (10)EH1065.2.8. --> SECTION 8. IC 35-47-11-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a)This chapter applies to all units (as defined in IC 36-1-2-23).
(b) This chapter does not affect the validity of an ordinance adopted before, and in effect on, January 1, 1994.
SOURCE: IC 35-47-11-2; (10)EH1065.2.9. --> SECTION 9. IC 35-47-11-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. Notwithstanding IC 36-1-3, a unit may not regulate in any manner the ownership, possession, sale, transfer, or transportation of firearms (as defined in IC 35-47-1-5) or ammunition except as follows:
(1) This chapter does not apply to land, buildings, or other real property owned or administered by a unit, except highways (as defined in IC 8-23-1-23) or public highways (as defined in IC 8-2.1-17-14).
(2) Notwithstanding the limitation in this section, a unit may use the unit's planning and zoning powers under IC 36-7-4 to prohibit the sale of firearms within two hundred (200) feet of a school by a person having a business that did not sell firearms within two hundred (200) feet of a school before April 1, 1994.
SOURCE: IC 35-47-11-3; IC 35-47-11-4; IC 35-47-11-5; IC 35-47- 11-6.
; (10)EH1065.2.10. --> SECTION 10. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 35-47-11-3; IC 35-47-11-4; IC 35-47-11-5; IC 35-47-11-6.

Blessings,
Bill