Here are some House Bills we should be concerned with also. HB 1064 is the House version of SB45. Also HB 1172, which has to do with stopping the sales of confiscated weapons. HB 1369 will raise the age of eligibility for handgun permits to age 21.
All these are in the Agriculture & Natural Resources & Rural Development Committee. The member of that committee are Bardon, Denbo, Grubb, Leuck, Stilwell, Strutz, Mengus R.M.M., Dillon, Friend, Hoffman, Ripley, Ulmer. The chairman is Lytle.
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House Bill 1064
01/16/2000 12:18:37 AM EST
Synopsis:
Legal actions involving firearms. Prohibits the state or a municipal corporation, including a county, municipality, township, school corporation, or any other separate local governmental entity that may sue and be sued, from bringing an action against a firearms or ammunition manufacturer, trade association, or seller for: (1) recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing, or sale of a firearm or ammunition for a firearm; or (2) recovery of damages resulting from the criminal or unlawful misuse of a firearm or ammunition for a firearm by a third party.
Current Status:
First reading: referred to Agriculture and Natural Resources and Rural Development
Latest Printing (PDF)
Action List Introduced Bill
Fiscal Impact Statement(s): 1(PDF)
Indiana Code Citations Affected
House Committee Reports
House Amendments
Senate Committee Reports
Senate Amendments
Conference Committee Reports
Introduced Version
HOUSE BILL No. 1064
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-1-9 ; IC 36-1-3-8.5.
Synopsis: Legal actions involving firearms. Prohibits the state or a municipal corporation, including a county, municipality, township, school corporation, or any other separate local governmental entity that may sue and be sued, from bringing an action against a firearms or ammunition manufacturer, trade association, or seller for: (1) recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing, or sale of a firearm or ammunition for a firearm; or (2) recovery of damages resulting from the criminal or unlawful misuse of a firearm or ammunition for a firearm by a third party.
Effective: July 1, 2000.
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Denbo, Smith M
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January 10, 2000, read first time and referred to Committee on Agriculture, Natural Resources and Rural Development.
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Introduced
Second Regular Session 111th General Assembly (2000)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 1999 General Assembly.
HOUSE BILL No. 1064
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A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration and local government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-1-9; (00)IN1064.1.1. --> SECTION 1. IC 4-1-9 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]:
Chapter 9. Legal Actions Involving Firearms and Ammunition Manufacturers, Trade Associations, and Sellers
Sec. 1. As used in this chapter, "firearm" has the meaning set forth in IC 35-47-1-5.
Sec. 2. Except as provided in sections 3 and 4 of this chapter, the state may not bring an action against a firearms or ammunition manufacturer, trade association, or seller for:
(1) recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful:
(A) design;
(B) manufacture;
(C) marketing; or
(D) sale;
of a firearm or ammunition for a firearm; or
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(2) recovery of damages resulting from the criminal or unlawful misuse of a firearm or ammunition for a firearm by a third party.
Sec. 3. (a) The state may bring an action described in section 2 of this chapter if the action is approved in advance by the general assembly in a concurrent resolution or by enactment of a law.
(b) This section does not create a cause of action.
Sec. 4. Nothing in this chapter may be construed to prohibit the state from bringing an action against a firearms or ammunition manufacturer, trade association, or seller for recovery of damages for the following:
(1) Breach of contract or warranty concerning firearms or ammunition purchased by the state.
(2) Damage or harm to property owned or leased by the state caused by a defective firearm or ammunition.
(3) Personal injury or death, if the action arises from the state's claim for subrogation.
(4) Injunctive relief to enforce a valid statute, rule, or ordinance.
SOURCE: IC 36-1-3-8.5; (00)IN1064.1.2. --> SECTION 2. IC 36-1-3-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 8.5. (a) As used in this section, "firearm" has the meaning set forth in IC 35-47-1-5.
(b) Except as provided in subsections (c) and (d), a municipal corporation may not bring an action against a firearms or ammunition manufacturer, trade association, or seller for:
(1) recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful:
(A) design;
(B) manufacture;
(C) marketing; or
(D) sale;
of a firearm or ammunition for a firearm; or
(2) recovery of damages resulting from the criminal or unlawful misuse of a firearm or ammunition for a firearm by a third party.
(c) A municipal corporation may bring an action described in subsection (b) if the action is approved in advance by the general assembly in a concurrent resolution or by enactment of a law. This subsection does not create a cause of action.
(d) Nothing in this section may be construed to prohibit a municipal corporation from bringing an action against a firearms or ammunition manufacturer, trade association, or seller for
recovery of damages for the following:
(1) Breach of contract or warranty concerning firearms or ammunition purchased by the municipal corporation.
(2) Damage or harm to property owned or leased by the municipal corporation caused by a defective firearm or ammunition.
(3) Personal injury or death, if the action arises from the municipal corporation's claim for subrogation.
(4) Injunctive relief to enforce a valid statute, rule, or ordinance.
House Bill 1172
01/16/2000 12:20:13 AM EST
Synopsis:
Prohibit sale of confiscated firearms. Eliminates the authority of a law enforcement agency to conduct a public sale of confiscated handguns and similar weapons or to sell confiscated handguns and similar weapons to a licensed firearms dealer.
Current Status:
First reading: referred to Agriculture and Natural Resources and Rural Development
Latest Printing (PDF)
Action List Introduced Bill
Fiscal Impact Statement(s): 1(PDF)
Indiana Code Citations Affected
House Committee Reports
House Amendments
Senate Committee Reports
Senate Amendments
Conference Committee Reports
Introduced Version
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HOUSE BILL No. 1172
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-47-3-2.
Synopsis: Prohibit sale of confiscated firearms. Eliminates the authority of a law enforcement agency to conduct a public sale of confiscated handguns and similar weapons or to sell confiscated handguns and similar weapons to a licensed firearms dealer.
Effective: Upon passage.
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Pond, Crawford
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January 10, 2000, read first time and referred to Committee on Agriculture, Natural Resources and Rural Development.
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Introduced
Second Regular Session 111th General Assembly (2000)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 1999 General Assembly.
HOUSE BILL No. 1172
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A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 35-47-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) This section applies only to firearms which are not required to be registered in the National Firearms Registration and Transfer Record.
(b) Firearms shall be returned to the rightful owner at once following final disposition of the cause if a return has not already occurred under the terms of IC 35-33-5. If the rightful ownership is not known the law enforcement agency holding the firearm shall make a reasonable attempt to ascertain the rightful ownership and cause the return of the firearm. However, nothing in this chapter shall be construed as requiring the return of firearms to rightful owners who have been convicted for the misuse of firearms. In such cases, the court may provide for the return of the firearm in question or order that the firearm be at once delivered:
(1) except as provided in subdivision (2), to the sheriff's department of the county in which the offense occurred; or
(2) to the city or town police force that confiscated the firearm, if:
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(A) a member of the city or town police force confiscated the firearm; and
(B) the city or town has a population of more than two thousand five hundred (2,500) and less than two hundred fifty thousand (250,000).
(c) The receiving law enforcement agency shall dispose of firearms under subsection (b), at the discretion of the law enforcement agency, not more than one hundred twenty (120) days following receipt by use of any of the following procedures:
(1) Public sale of the firearms to the general public as follows:
(A) Notice of the sale shall be:
(i) posted for ten (10) days in the county courthouse in a place readily accessible to the general public; and
(ii) advertised in the principal newspaper of the county for two (2) days in an advertisement that appears in the newspaper at least five (5) days prior to the sale.
(B) Disposition of the firearm shall be by public auction in a place convenient to the general public, with disposition going to the highest bidder. However, no firearm shall be transferred to any bidder if that bidder is not lawfully eligible to receive and possess firearms according to the laws of the United States and Indiana.
(C) All handguns transferred under this subdivision shall also be transferred according to the transfer procedures set forth in this article.
(D) Money collected pursuant to the sales shall first be used to defray the necessary costs of administering this subdivision with any surplus to be:
(i) deposited into the receiving law enforcement agency's firearms training fund, if the law enforcement agency is a county law enforcement agency, or into a continuing education fund established under IC 5-2-8-2, if the law enforcement agency is a city or town law enforcement agency; and
(ii) used by the agency exclusively for the purpose of training law enforcement officers in the proper use of firearms or other law enforcement duties, if the law enforcement agency is a county law enforcement agency, or for law enforcement purposes, if the law enforcement agency is a city or town law enforcement agency.
(2) Sale of the firearms to a licensed firearms dealer as follows:
(A) Notice of the sale must be:
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(i) posted for ten (10) days in the county courthouse in a place readily accessible to the general public; and
(ii) advertised in the principal newspaper of the county for two (2) days in an advertisement that appears in the newspaper at least five (5) days before the sale.
(B) Disposition of the firearm shall be by auction with disposition going to the highest bidder who is a licensed firearms dealer.
(C) Money collected from the sales shall first be used to defray the necessary costs of administering this subdivision and any surplus shall be:
(i) deposited into the receiving law enforcement agency's firearms training fund or other appropriate training activities fund; and
(ii) used by the agency exclusively for the purpose of training law enforcement officers in the proper use of firearms or other law enforcement duties.
(3) (1) Sale or transfer of the firearms to another law enforcement agency.
(4) (2) Release to the state police department laboratory or other forensic laboratory administered by the state or a political subdivision (as defined in IC 36-1-2-13 ) for the purposes of research, training, and comparison in conjunction with the forensic examination of firearms evidence.
(5) (3) Destruction of the firearms.
(d) Notwithstanding the requirement of this section mandating disposal of firearms not more than one hundred twenty (120) days following receipt, the receiving law enforcement agency may at its discretion hold firearms it may receive until a sufficient number has accumulated to defray the costs of administering this section if a delay does not exceed one hundred eighty (180) days from the date of receipt of the first firearm in the sale lot. In any event, all confiscated firearms shall be disposed of as promptly as possible.
(e) When a firearm is delivered to the state police department laboratory or other forensic laboratory under subsection (c)(4) (c)(2) and the state police department laboratory or other forensic laboratory determines the laboratory has no further need for the firearm in question, the laboratory shall return the firearm to the law enforcement agency for disposal under subsection (c).
SECTION 2. An emergency is declared for this act.
House Bill 1369
01/16/2000 12:22:04 AM EST
Synopsis:
Handgun permits and transfers. Prohibits the issuance of a license to carry a handgun to a person less than 21 years of age. (Current law prohibits the issuance of a license to carry a handgun to a person less than 18 years of age.) Prohibits a person from selling, giving, or in any other manner transferring the ownership or possession of a handgun or assault weapon to a person less than 21 years of age. (Current law prohibits a person from selling, giving, or in any other manner transferring the ownership or possession of a handgun or assault weapon to a person less than 18 years of age.)
Current Status:
First reading: referred to Agriculture and Natural Resources and Rural Development
Latest Printing (PDF)
Action List Introduced Bill
Fiscal Impact Statement(s): 1(PDF)
Indiana Code Citations Affected
House Committee Reports
House Amendments
Senate Committee Reports
Senate Amendments
Conference Committee Reports
--------------------------------------------------------------------------------
Introduced Version
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HOUSE BILL No. 1369
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-47-2-3 ; IC 35-47-2-7.
Synopsis: Handgun permits and transfers. Prohibits the issuance of a license to carry a handgun to a person less than 21 years of age. (Current law prohibits the issuance of a license to carry a handgun to a person less than 18 years of age.) Prohibits a person from selling, giving, or in any other manner transferring the ownership or possession of a handgun or assault weapon to a person less than 21 years of age. (Current law prohibits a person from selling, giving, or in any other manner transferring the ownership or possession of a handgun or assault weapon to a person less than 18 years of age.)
Effective: July 1, 2000.
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Smith V
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January 11, 2000, read first time and referred to Committee on Agriculture, Natural Resources and Rural Development.
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Introduced
Second Regular Session 111th General Assembly (2000)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 1999 General Assembly.
HOUSE BILL No. 1369
A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-47-2-3; (00)IN1369.1.1. --> SECTION 1. IC 35-47-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. (a) A person desiring a license to carry a handgun shall apply:
(1) to the chief of police or corresponding law enforcement officer of the municipality in which he resides;
(2) if that municipality has no such officer, or if the applicant does not reside in a municipality, to the sheriff of the county in which he resides after he has obtained an application form prescribed by the superintendent; or
(3) if he is a resident of another state and has a regular place of business or employment in Indiana, to the sheriff of the county in which he has a regular place of business or employment.
(b) The law enforcement agency which accepts an application for a handgun license shall collect a ten dollar ($10) application fee, five dollars ($5) of which shall be refunded if the license is not issued. Except as provided in subsection (g), the fee shall be:
(1) deposited into the law enforcement agency's firearms training
fund or other appropriate training activities fund; and
(2) used by the agency for the purpose of:
(A) training law enforcement officers in the proper use of firearms or other law enforcement duties; or
(B) purchasing for the law enforcement officers employed by the law enforcement agency firearms, or firearm related equipment, or both.
The state board of accounts shall establish rules for the proper accounting and expenditure of funds collected under this subsection.
(c) The officer to whom the application is made shall ascertain concerning the applicant his name, full address, length of residence in the community, whether his residence is located within the limits of any city or town, occupation, place of business or employment, criminal record, if any, and convictions (minor traffic offenses excepted), age, race, sex, nationality, date of birth, citizenship, height, weight, build, color of hair, color of eyes, scars and marks, whether the applicant has previously held an Indiana license to carry a handgun and, if so, the serial number of the license and year issued, whether his license has ever been suspended or revoked, and if so, the year and reason for the suspension or revocation, and the applicant's reason for desiring a license. The officer to whom the application is made shall conduct an investigation into the applicant's official records and verify thereby the applicant's character and reputation, and shall in addition verify for accuracy the information contained in the application, and shall forward this information together with his recommendation for approval or disapproval and one (1) set of legible and classifiable fingerprints of the applicant to the superintendent.
(d) The superintendent may make whatever further investigation he deems necessary. Whenever disapproval is recommended, the officer to whom the application is made shall provide the superintendent and the applicant with his complete and specific reasons, in writing, for the recommendation of disapproval.
(e) If it appears to the superintendent that the applicant has a proper reason for carrying a handgun and is of good character and reputation and a proper person to be so licensed, he shall issue to the applicant a qualified or an unlimited license to carry any handgun lawfully possessed by the applicant. The original license shall be delivered to the licensee. A copy shall be delivered to the officer to whom the application for license was made. A copy shall be retained by the superintendent for at least four (4) years. This license shall be valid for a period of four (4) years from the date of issue. The license of police officers, sheriffs or their deputies, and law enforcement officers of the
United States government who have been honorably retired by a lawfully created pension board or its equivalent, after twenty (20) or more years of service, shall be valid for the life of such individuals. However, such lifetime licenses are automatically revoked if the license holder does not remain a proper person.
(f) A license to carry a handgun shall not be issued to any person who:
(1) has been convicted of a felony;
(2) is under eighteen (18) twenty-one (21) years of age;
(3) is under twenty-three (23) years of age if the person has been adjudicated a delinquent child for an act that would be a felony if committed by an adult; or
(4) has been arrested for a Class A or Class B felony, or any other felony that was committed while armed with a deadly weapon or that involved the use of violence, if a court has found probable cause to believe that the person committed the offense charged.
In the case of an arrest under subdivision (4), a license to carry a handgun may be issued to a person who has been acquitted of the specific offense charged or if the charges for the specific offense are dismissed. The superintendent shall prescribe all forms to be used in connection with the administration of this chapter.
(g) If the law enforcement agency that charges a fee under subsection (b) is a city or town law enforcement agency, the fee shall be deposited in the law enforcement continuing education fund established under IC 5-2-8-2.
SOURCE: IC 35-47-2-7; (00)IN1369.1.2. --> SECTION 2. IC 35-47-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 7. (a) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10 , a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon (as defined in IC 35-50-2-11 ) to any person under eighteen (18) twenty-one (21) years of age.
(b) It is unlawful for a person to sell, give, or in any manner transfer the ownership or possession of a handgun to another person who the person has reasonable cause to believe:
(1) has been:
(A) convicted of a felony; or
(B) adjudicated a delinquent child for an act that would be a felony if committed by an adult, if the person seeking to obtain ownership or possession of the handgun is less than twenty-three (23) years of age;
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(2) is a drug abuser;
(3) is an alcohol abuser; or
(4) is mentally incompetent.
SOURCE: ; (00)IN1369.1.3. --> SECTION 3. [EFFECTIVE JULY 1, 2000] (a) IC 35-47-2-3 , as amended by this act, does not apply to a license to carry a handgun that was issued before July 1, 2000, to a person less than twenty-one (21) years of age.
(b) This SECTION expires July 1, 2003.
[This message has been edited by Dennis (edited January 24, 2000).]
I had to drop everything and run while ago so didn't get time to post it here. When I find out about that meeting on the 12th I'll let everyone know. Word of this didn't get out until it was almost too late!