Legal summaries of the new laws in the 2011 legislative session

[Bill of Rights]

Hi all,



As we come closer to 1 July, 2011, there are a few pro-gun laws that have been passed and are about to become effective and questions about those laws are becoming more frequent. As such, this post and thread will address the individual laws and in general, how they affect John Q. Gunowner in Indiana.
You can click the “SEA xxx” at the top of each summary to read the actual text of the law passed.
SEA 94

Purchase of firearms. Makes it a Class C felony for a person to knowingly or intentionally give false information on certain forms or offer false evidence of identity in purchasing or otherwise securing delivery of a firearm. Repeals a provision that states: (1) a resident of Indiana may purchase a rifle or shotgun in Ohio, Kentucky, Michigan, or Illinois; and (2) a resident of Ohio, Kentucky, Michigan, or Illinois may purchase a rifle or shotgun in Indiana. (This provision was enacted in 1983 in response to the federal Gun Control Act, which allowed sales of rifles and shotguns to a nonresident of a contiguous state only if both states enacted laws allowing the sales. However, this contiguous state requirement of the federal law was amended in 1986 so that firearms dealers can sell to residents of any other state if the purchase is legal under federal law and any applicable state laws.)

SEA 154

Firearms on off-road vehicles or snowmobiles. Allows a person to carry a loaded and operational firearm while operating an off-road vehicle or snowmobile if: (1) the firearm is a handgun and the person has been issued an unlimited handgun license; (2) the firearm is a handgun and the person is not required to possess a license to carry a handgun; or (3) the person is operating the vehicle on property that the person owns, has a contractual interest in, legally possesses, or has permission from the owner to possess a firearm on.

SEA 292

Preemption of local firearm regulation. Prohibits, with certain exceptions, a political subdivision from regulating: (1) firearms, ammunition, and firearm accessories; (2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and (3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories. Allows a person to file an action against a political subdivision if the person is adversely affected by an ordinance, a measure, an enactment, a rule, or a policy of the political subdivision that violates the law. Repeals a conflicting statute concerning local regulation of firearms.

SEA 411

Disclosure of firearm or ammunition information. Provides that a civil action may be brought against a public or private employer that has: (1) required an applicant for employment or an employee to disclose information under certain circumstances about whether the applicant or employee owns, possesses, uses, or transports a firearm or ammunition; or (2) conditioned employment, or any rights, benefits, privileges, or opportunities offered by the employment, upon an agreement that the applicant for employment or the employee forgo the otherwise lawful ownership, possession, storage, transportation, or use of a firearm or ammunition. Provides that a governmental entity may not restrict the possession of a firearm at a person's residence during a declared emergency.

SEA 506

Handgun possession. Allows a person to carry a handgun without being licensed to carry a handgun if: (1) the person is in or on property, or in a vehicle, that is owned, leased, rented, or otherwise legally controlled by the person; (2) the person is lawfully present in or on private property that is owned, leased, rented, or otherwise legally controlled by another person, if the person has the consent of the owner to have the handgun on the premises, is attending a firearms related event, or is receiving firearms related services; (3) the person is lawfully present in a vehicle, that is owned, leased, rented, or otherwise legally controlled by another person; (4) the person is carrying the handgun at a shooting range, while attending a firearms instructional course, or while engaged in a legal hunting activity; or (5) the handgun is unloaded and securely wrapped. (Current law provides that a person who does not possess a valid handgun license may not carry a handgun in any vehicle or on or about the person's body unless the person: (1) is in the person's dwelling or fixed place of business or on the person's property; or (2) is carrying the handgun unloaded and in a secure wrapper from the place where the handgun was purchased to the person's dwelling or fixed place of business, between a handgun repair shop and the person's dwelling or fixed place of business, or from one dwelling or fixed place of business to another.) Specifies that a person who has been convicted of domestic battery may not possess or carry a handgun unless the person's right to possess a firearm has been restored by a court.

I strongly urge you to read the text of the law first. Some of the above information was written by Legal Services at the Capitol prior to the passage of the laws in question and has not been updated; as such, it may not be wholly accurate. Once you have read the law, if you still have questions about it, feel free to post them here. I am not a lawyer and nothing in this thread that I post is intended to be taken as legal advice, but I am fairly conversant with the English language and I’ll happily give a non-binding opinion. Further, anything posted in this thread by someone who IS an attorney is to be taken as general advice unless that person says otherwise; in short, if you haven’t paid him/her, I’d recommend not thinking of him/her as your attorney.
All clear on that? Good.
The two new laws I’m seeing the most questions on are SEA 292 and SEA 506. SEA 292 is a general prohibition on ordinances, rules, policies, etc., written by units of government at a level lower than the state legislature. There are some exceptions written in and may be some preemptions that have not been discussed in the media. It remains to be seen whether those preemptions will come to full realization or not. I am hopeful that they will.
SEA 506 removes many of the prohibitions on lawful transport of a handgun. As of this writing, currently effective law prohibits the transport of a handgun to a range without a LTCH and may even prohibit the use of that handgun while at the range without that license (though I’m unaware of it being applied that way.) After July 1, there will be no general prohibition on the transport of an unloaded, cased, not-readily-accessible handgun by someone who may lawfully possess it. Neither of the above changes the locations within the state that state law forbids carry by non-LEO citizens; schools (k-12) are still usually off-limits, though if you’re driving someone to school or picking them up from one, you as the driver may still have the pistol in the car as long as you do not leave the car while it is on school property. Again, read the law. If you don’t understand something, come ask here. The combined minds of INGO will endeavor to help you.
Blessings,
Bill

 

[jsgolfman]

Muchas Gracias, Senor.

 

[FWP9MM]

Great news, especially on SEA 506.

Thanks for posting +1 Rep

 

[BigJ]

wow thank you so much for posting this, I haven't had the money for a license yet, and it sucked not being able to take my gun to shoot unless someone with a license was with me!

 

[PTinbound]

So can a non LTCH Indiana resident now carry a loaded handgun in a car with them on July 1?

 

[Timjoebillybob]

So can a non LTCH Indiana resident now carry a loaded handgun in a car with them on July 1?

No. It must be unloaded, securely encased and not readily accessible.

(3) the person carries the handgun in a vehicle that is owned, leased, rented, or otherwise legally controlled by the person, if the handgun is:
(A) unloaded;
(B) not readily accessible; and
(C) secured in a case;
(4) the person carries the handgun while lawfully present in a vehicle that is owned, leased, rented, or otherwise legally controlled by another person, if the handgun is:
(A) unloaded;
(B) not readily accessible; and
(C) secured in a case; or

 

[LPMan59]

so as of July 1, all state government buildings are good to go as long as a courtroom is NOT there? this would include the police station, town hall, etc?

Parks and libraries are good to go as well? Particularly removing the Indy Parks ban? (ie the Monon)

 

[Cowpoke .44]

thanks for putting all of the information!!!

 

[G_Stines]

so as of July 1, all state government buildings are good to go as long as a courtroom is NOT there? this would include the police station, town hall, etc?

Parks and libraries are good to go as well? Particularly removing the Indy Parks ban? (ie the Monon)

IC 3-5-2-38
"Political subdivision"
Sec. 38. "Political subdivision" means a county, city, town, township, school corporation, public library, local housing authority, fire protection district, public transportation corporation, local building authority, local hospital authority or corporation, local airport authority, special service district, special taxing district, or other type of local governmental corporate entity.
As added by P.L.5-1986, SEC.1.


So... The way that I understand it is that if the prohibition of a firearm was made by a government agency below the state level, i.e. your town banned firearms from being in your local park, that was now null/void. I believe government buildings, courtrooms, police stations, and such are either at the state level, or above at the federal level, and thus, no. I am not 100% sure, as I have been searching IC for a specific code to quote, but have yet to find it, but I am pretty sure the thing about the courthouses and such is in here. As far as parks and libraries, I believe so that they are now free to carry in. I am not 100% on the state/public parks, as I am not sure what they are listed under in the political subdivision category, but libraries are explicitly stated. Please don't quote me on this, and I will do my best to find the Codes that I was looking for, but if anyone knows where the state/feds hosts the laws concerning courtrooms, ect places where they are banned, please feel free to link!

Hope I helped a little, and that's how I took it, so I could be completely wrong.

 

[Bill of Rights]

IC 3-5-2-38
"Political subdivision"
Sec. 38. "Political subdivision" means a county, city, town, township, school corporation, public library, local housing authority, fire protection district, public transportation corporation, local building authority, local hospital authority or corporation, local airport authority, special service district, special taxing district, or other type of local governmental corporate entity.
As added by P.L.5-1986, SEC.1.


So... The way that I understand it is that if the prohibition of a firearm was made by a government agency below the state level, i.e. your town banned firearms from being in your local park, that was now null/void. I believe government buildings, courtrooms, police stations, and such are either at the state level, or above at the federal level, and thus, no. I am not 100% sure, as I have been searching IC for a specific code to quote, but have yet to find it, but I am pretty sure the thing about the courthouses and such is in here. As far as parks and libraries, I believe so that they are now free to carry in. I am not 100% on the state/public parks, as I am not sure what they are listed under in the political subdivision category, but libraries are explicitly stated. Please don't quote me on this, and I will do my best to find the Codes that I was looking for, but if anyone knows where the state/feds hosts the laws concerning courtrooms, ect places where they are banned, please feel free to link!

Hope I helped a little, and that's how I took it, so I could be completely wrong.

Any building with a courtroom is off limits, with a couple of notable points. Police stations are not automatically off limits. Gov't buildings other than federal WITHOUT courtrooms may have metal detectors and LEOs manning them, however if you hold a LTCH, you may pass. (I've already predicted that the fact that no such exemption exists for LEOs, judges, etc. Will be ignored or forgotten.)

 

[Glock32j]

So military park is good to go right?

 

[o Mr Cadillac o]

Thanks for the info!

 

[smbaldwin]

So military park is good to go right?

I hope so. Irish fest is coming up and i just ordered my kilt.wouldud love to be able to sport my ankle holster.

 

[eldirector]

So military park is good to go right?

Actually, that is part of White River STATE Park, so is not currently off-limits. There may be local RULES (like at the Zoo or Victory Field), but no laws.

More info:
About the Park - White River State Park @WhiteRiverStPrk

Starting July 1st, it appears that folks that lease the park for events (like Irish Fest) my enforce no-carry rules by using state/local LE. That is a LOSS in my books. Give and take, I guess.

 

[rhino]

Any building with a courtroom is off limits, with a couple of notable points. Police stations are not automatically off limits. Gov't buildings other than federal WITHOUT courtrooms may have metal detectors and LEOs manning them, however if you hold a LTCH, you may pass. (I've already predicted that the fact that no such exemption exists for LEOs, judges, etc. Will be ignored or forgotten.)

Ah, so in your excellent interpretation, how will this affect the nonsense at the Statehouse and Gov't Centers campus?

 

[Bill of Rights]

Ah, so in your excellent interpretation, how will this affect the nonsense at the Statehouse and Gov't Centers campus?

The Statehouse will still be off limits. The IN Supreme Court meets on the third floor of the building. The tunnel connecting it to the IGC may be claimed to prevent entry there, but I am of the opinion that the intent of the law was that it should not, being a different building. We shall have to see what shakes out.

Good to hear from you again, my friend.

Blessings,
Bill

 

[rhino]

The Statehouse will still be off limits. The IN Supreme Court meets on the third floor of the building. The tunnel connecting it to the IGC may be claimed to prevent entry there, but I am of the opinion that the intent of the law was that it should not, being a different building. We shall have to see what shakes out.

Good to hear from you again, my friend.

Blessings,
Bill

Ah, so no relief from bad policy from this law. Too bad. We spent a lot of effort fighting the "security" changes there a few years ago and were ignored. It still irritates me being unable to enter a building to visit my elected representatives.

 

[ralphb72]

Summary of ALL bills, passed ones are in black bold print:

Indiana General Assembly

 

[Pinpoint]

After July 1, will I be allowed to possess and fire a handgun at a shooting range if it is not part of an instructional firearms course? The new law seems to be vague on this.

 

[Bill of Rights]

Yes.

(b) Except as provided in subsection (c), a person may carry a handgun without being licensed under this chapter to carry a handgun if:
(1) the person carries the handgun on or about the person's body in or on property that is owned, leased, rented, or otherwise legally controlled by the person;
(2) the person carries the handgun on or about the person's body while lawfully present in or on property that is owned, leased, rented, or otherwise legally controlled by another person, if the person:
(A) has the consent of the owner, renter, lessor, or person who legally controls the property to have the handgun on the premises;
(B) is attending a firearms related event on the property, including a gun show, firearms expo, gun owner's club or convention, hunting club, shooting club, or training course; or
(C) the person is on the property to receive firearms related services, including the repair, maintenance, or modification of a firearm;
(3) the person carries the handgun in a vehicle that is owned, leased, rented, or otherwise legally controlled by the person, if the handgun is:
(A) unloaded;
(B) not readily accessible; and
(C) secured in a case;
(4) the person carries the handgun while lawfully present in a vehicle that is owned, leased, rented, or otherwise legally controlled by another person, if the handgun is:
(A) unloaded;
(B) not readily accessible; and
(C) secured in a case; or
(5) the person carries the handgun:
(A) at a shooting range (as defined in IC 14-22-31.5-3);
(B) while attending a firearms instructional course; or
(C) while engaged in a legal hunting activity.

Oh, and to !

Blessings,
Bill