Indiana Constitutional Carry - HB1022 (2018)

[KellyinAvon]

Haven't read it yet - busy ... insurance (car) stuffs plus work ... - LOL - it is 33 pages when you print it. ugh. "Not TOOO long" ...

Not too long, by guhbuhment standards.

 

[goldtrigger]

I'm going to write each committee member tonight!!!!!

 

[KellyinAvon]

I'm going to write each committee member tonight!!!!!

 

[KellyinAvon]

OK, I've reviewed all 33 pages of HB 1022. One thing to keep in mind is there are a lot of edits to umpteen different Indiana Codes. Also when you get to the IC 35-47 part the crossed out text and bold text indicates the changes. Everything else was there before and will be afterwards.

Adds the alcohol and drug abuser prohibitions that currently disqualify one from having a LTCH. Two alcohol convictions in three years, two drug convictions in five years and it is illegal to carry, but not possess.

Added a lot of language straight from 18 USC 922g (prohibited persons, nearly word for word from 18 USC)

Changes 4 year to 5 year LTCH aligning with the Senate bill and HR 38 which passed the US House.

I see nothing that makes a current/valid lifetime LTCH not applicable as a reciprocity license.

 

[JeremiahJohnson]

Sheriff Rogers definitely gets it!

Thanks Kelly - I believe your assessment to be same as mine.

 

[Kirk Freeman]

I see nothing that makes a current/valid lifetime LTCH not applicable as a reciprocity license.

That's on the receiving team, not the kicking team, to determine.

 

[KellyinAvon]

Not bad for a Friday, got 12 letters to Bosma signed by fellow INGOers and a few folks who are no longer strangers.

 

[brotherbill3]

Not bad for a Friday, got 12 letters to Bosma signed by fellow INGOers and a few folks who are no longer strangers.

 

[brotherbill3]

OK heads up - House Public Policy Committee - HB 1424 - competing bill by Smaltz and Wesco - look like it uses much of / most of / all of J.Lucas 1022 - as a basis with some differences ...

https://iga.in.gov/legislative/2018/bills/house/1424

Requirements to carry a handgun without a permit. Repeals the law that requires a person to obtain a license to carry a handgun in Indiana. Provides that a resident of Indiana who is not otherwise prohibited from carrying or possessing a handgun may carry a handgun without first obtaining or possessing a license to carry a handgun from the state. Makes an appropriation to the state police department in certain instances. Requires a resident who carries a handgun without a license to carry a form of state issued identification. Provides that a resident who carries a handgun without state issued identification commits a Class C infraction. Prohibits certain individuals from knowingly or intentionally carrying a handgun. Creates the crime of "unlawful carrying of a handgun by a prohibited possessor". Provides that a prohibited possessor who knowingly or intentionally carries a handgun commits a Class A misdemeanor. Specifies that the unlawful carrying of a handgun by a prohibited possessor is a Level 6 felony if the person has a prior unrelated conviction for unlawful carrying of a handgun by a prohibited possessor. Specifies that the crime of unlawful carrying of a handgun by a prohibited possessor is a Level 4 felony if the person: (1) is less than 23 years of age; and (2) has an adjudication as a delinquent child for certain acts. Eliminates the licensing fee for a four year handgun license. Eliminates the requirement mandating the submission of fingerprints when applying for a handgun license. Allows a resident of Indiana who wishes to carry a firearm in another state under a reciprocity agreement entered into by Indiana and the other state to obtain an Indiana license to carry a handgun from the superintendent of the state police department. Defines certain terms. Makes conforming amendments.

 

[2A_Tom]

Post Pinner why would there be a requirement to carry physical ID?

 

[Jeepster48439]

I'm not familiar enough with illegal possession penalties, so how do the proposed penalties line up with what is already on the books?

 

[Fargo]

Post Pinner why would there be a requirement to carry physical ID?

Two reasons come to mind:

1. So that people carrying but detained for other things can be more readily be determined whether or not they are a prohibited person by running their name through the database; as is pretty much everyone when they are Terry stopped.

2. To make it harder for persons to use other peoples identifiers when stopped because Indiana's refusal to id statute doesn't actually require that you carry ID.

It is a nod to making law enforcement's life simpler. Not really a big deal in my opinion

 

[GodFearinGunTotin]

Do we have hearing dates yet?

 

[Bucky623]

Around the farm I almost never have my wallet with me but if/when this passes it looks like I’ll have to grab, at least, my ID to be able to legally carry on my own place.

 

[KellyinAvon]

OK heads up - House Public Policy Committee - HB 1424 - competing bill by Smaltz and Wesco - look like it uses much of / most of / all of J.Lucas 1022 - as a basis with some differences ...

https://iga.in.gov/legislative/2018/bills/house/1424

Requirements to carry a handgun without a permit. Repeals the law that requires a person to obtain a license to carry a handgun in Indiana. Provides that a resident of Indiana who is not otherwise prohibited from carrying or possessing a handgun may carry a handgun without first obtaining or possessing a license to carry a handgun from the state. Makes an appropriation to the state police department in certain instances. Requires a resident who carries a handgun without a license to carry a form of state issued identification. Provides that a resident who carries a handgun without state issued identification commits a Class C infraction. Prohibits certain individuals from knowingly or intentionally carrying a handgun. Creates the crime of "unlawful carrying of a handgun by a prohibited possessor". Provides that a prohibited possessor who knowingly or intentionally carries a handgun commits a Class A misdemeanor. Specifies that the unlawful carrying of a handgun by a prohibited possessor is a Level 6 felony if the person has a prior unrelated conviction for unlawful carrying of a handgun by a prohibited possessor. Specifies that the crime of unlawful carrying of a handgun by a prohibited possessor is a Level 4 felony if the person: (1) is less than 23 years of age; and (2) has an adjudication as a delinquent child for certain acts. Eliminates the licensing fee for a four year handgun license. Eliminates the requirement mandating the submission of fingerprints when applying for a handgun license. Allows a resident of Indiana who wishes to carry a firearm in another state under a reciprocity agreement entered into by Indiana and the other state to obtain an Indiana license to carry a handgun from the superintendent of the state police department. Defines certain terms. Makes conforming amendments.

Thanks for the heads-up Bill. The synopsis looks a lot like HB 1022, I'm about to read all 34 pages. Let the good times roll!

 

[KellyinAvon]

Around the farm I almost never have my wallet with me but if/when this passes it looks like I’ll have to grab, at least, my ID to be able to legally carry on my own place.

Currently you can carry on your own property without an LTCH. I'll have more later.

 

[GodFearinGunTotin]

Around the farm I almost never have my wallet with me but if/when this passes it looks like I’ll have to grab, at least, my ID to be able to legally carry on my own place.

Yeah...I have a problem with it being a crime of which I'd be prosecuted because I simply forgot my wallet as I left the house.

 

[KellyinAvon]

Back in the day USAF MSgt KellyinAvon worked at a place called Headquarters Air Combat Command. Part of my job was to read the proposed changes to other people's guidance and provide comments on the impacts to Manpower and Organization. It's not as glamorous as it sounds, but it did prepare me to do things like compare two different House Bills and identify the differences.

For the most part the bills are identical. There a few differences:

HB 1022 provides for changing the 4 year LTCH to 5 year, aligning with HR 38. HB 1424 does not.

All of the following page references are for HB 1424:

Pages 9-10: Adds budget language for funding Police entities if licensing fees are less than a specific threshold. Includes a methodology using the past 5 fiscal years revenues from licensing, discarding the high and low amounts and averaging the remaining 3 years' dollar amount.

Page 14: Adds requirement to carry State ID if carrying a handgun without possessing a Reciprocity License.

Page 16: Adds language to define the word "register", refers to drug/alcohol convictions.

Page 22: Adds language for carrying a handgun without State ID/not having a Reciprocity License (Class C Infraction)

Page 23: Eliminates fees for 4 year reciprocity licenses. Lifetime fees remain the same.

 

[KellyinAvon]

Do we have hearing dates yet?

The only thing I see is HB 1051 (Sunday sales) that had a hearing on 10 Jan with the Public Policy Committee.

https://iga.in.gov/legislative/2018/committees/public_policy_1600

 

[Fargo]

Yeah...I have a problem with it being a crime of which I'd be prosecuted because I simply forgot my wallet as I left the house.

Not a crime, class c infraction. Same as if driving with license forgotten at home.