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Thread: SB 292 Has passed.

  1. #1
    Regular Member protect our rights's Avatar
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    SB 292 Has passed.

    Finally, long awaited preemption law in Indiana!

    Now to the governors desk for signing. Mitch Daniels is pro-gun.

    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 14-22-31.5-5; (11)SE0292.1.1. --> SECTION 1. IC 14-22-31.5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. Except as specifically prohibited by this chapter and subject to IC 35-47-11.1, a local unit of government may regulate the location, use, operation, safety, and construction of a shooting range.
    SOURCE: IC 35-47-1-2.5; (11)SE0292.1.2. --> SECTION 2. IC 35-47-1-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2.5. "Ammunition", for purposes of IC 35-47-11.1, means:
    (1) fixed cartridge ammunition;
    (2) shotgun shells;
    (3) the individual components of fixed cartridge ammunition and shotgun shells;
    (4) projectiles for muzzle loading firearms; and
    (5) any propellant used in a firearm or in firearm ammunition.
    SOURCE: IC 35-47-1-5.1; (11)SE0292.1.3. --> SECTION 3. IC 35-47-1-5.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5.1. "Firearm accessory" means:
    (1) any device specifically adapted to enable:
    (A) the wearing or carrying about one's person; or
    (B) the storage or mounting in or on any conveyance;
    of a firearm; and
    (2) any attachment or device specifically adapted to be inserted into or affixed onto any firearm to enable, alter, or improve the functioning or capabilities of the firearm.
    SOURCE: IC 35-47-11.1; (11)SE0292.1.4. --> SECTION 4. IC 35-47-11.1 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
    Chapter 11.1. Local Regulation of Firearms, Ammunition, and Firearm Accessories
    Sec. 1. This chapter applies to a political subdivision (as defined in IC 3-5-2-38).
    Sec. 2. Except as provided in section 4 of this chapter, a political subdivision may not regulate:
    (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.
    Sec. 3. Any provision of an ordinance, measure, enactment, rule, or policy or exercise of proprietary authority of a political subdivision or of an employee or agent of a political subdivision acting in an official capacity:
    (1) enacted or undertaken before, on, or after June 30, 2011; and
    (2) that pertains to or affects the matters listed in section 2 of this chapter;
    is void.
    Sec. 4. This chapter may not be construed to prevent any of the following:
    (1) A law enforcement agency of a political subdivision from enacting and enforcing regulations pertaining to firearms, ammunition, or firearm accessories issued to or used by law enforcement officers in the course of their official duties.
    (2) Subject to IC 34-28-7-2, an employer from regulating or prohibiting the employees of the employer from carrying firearms and ammunition in the course of the employee's official duties.
    (3) A court or administrative law judge from hearing and resolving any case or controversy or issuing any opinion or order on a matter within the jurisdiction of the court or
    judge.
    (4) The enactment or enforcement of generally applicable zoning or business ordinances that apply to firearms businesses to the same degree as other similar businesses. However, a provision of an ordinance that is designed or enforced to effectively restrict or prohibit the sale, purchase, transfer, manufacture, or display of firearms, ammunition, or firearm accessories that is otherwise lawful under the laws of this state is void. A unit (as defined in IC 36-1-2-23) may not use the unit's planning and zoning powers under IC 36-7-4 to prohibit the sale of firearms within a prescribed distance of any other type of commercial property or of school property or other educational property.
    (5) The enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in any building that contains the courtroom of a circuit, superior, city, town, or small claims court. However, if a portion of the building is occupied by a residential tenant or private business, any provision restricting or prohibiting the possession of a firearm does not apply to the portion of the building that is occupied by the residential tenant or private business, or to common areas of the building used by a residential tenant or private business.
    (6) The enactment or enforcement of a provision prohibiting or restricting the intentional display of a firearm at a public meeting.
    (7) The enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in a public hospital corporation that contains a secure correctional health unit that is staffed by a law enforcement officer twenty-four (24) hours a day.
    (8) The imposition of any restriction or condition placed on a person participating in:
    (A) a community corrections program (IC 11-12-1);
    (B) a forensic diversion program (IC 11-12-3.7); or
    (C) a pretrial diversion program (IC 33-39-1).
    (9) The enforcement or prosecution of the offense of criminal recklessness (IC 35-42-2-2) involving the use of a firearm.
    (10) For an event occurring on property leased from a political subdivision or municipal corporation by the promoter or organizer of the event:
    (A) the establishment, by the promoter or organizer, at the

    promoter's or organizer's own discretion, of rules of conduct or admission upon which attendance at or participation in the event is conditioned; or
    (B) the implementation or enforcement of the rules of conduct or admission described in clause (A) by a political subdivision or municipal corporation in connection with the event.
    (11) The enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in a hospital established and operated under IC 16-22-2 or IC 16-23.
    (12) A unit from using the unit's planing 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.
    (13) A unit (as defined in IC 36-1-2-23) from enacting or enforcing a provision prohibiting or restricting the possession of a firearm in a building owned or administered by the unit if:
    (A) metal detection devices are located at each public entrance to the building;
    (B) each public entrance to the building is staffed by at least one (1) law enforcement officer:
    (i) who has been adequately trained to conduct inspections of persons entering the building by use of metal detection devices and proper physical pat down searches; and
    (ii) when the building is open to the public; and
    (C) each:
    (i) individual who enters the building through the public entrance when the building is open to the public; and
    (ii) bag, package, and other container carried by the individual;
    is inspected by a law enforcement officer described in clause (B).
    However, except as provided in subdivision (5) concerning a building that contains a courtroom, a unit may not prohibit or restrict the possession of a handgun under this subdivision in a building owned or administered by the unit if the person who possesses the handgun has been issued a valid license to carry the handgun under IC 35-47-2.
    Sec. 5. A person adversely affected by an ordinance, a measure,

    an enactment, a rule, or a policy adopted or enforced by a political subdivision that violates this chapter may file an action in a court with competent jurisdiction against the political subdivision for:
    (1) declarative and injunctive relief; and
    (2) actual and consequential damages attributable to the violation.
    Sec. 6. A person is "adversely affected" for purposes of section 5 of this chapter if either of the following applies:
    (1) The person is an individual who meets all of the following requirements:
    (A) The individual lawfully resides within the United States.
    (B) The individual may legally possess a firearm under the laws of Indiana.
    (C) The individual is or was subject to the ordinance, measure, enactment, rule, or policy of the political subdivision that is the subject of an action filed under section 5 of this chapter. An individual is or was subject to the ordinance, measure, enactment, rule, or policy of the political subdivision if the individual is or was physically present within the boundaries of the political subdivision for any reason.
    (2) The person is a membership organization that:
    (A) includes two (2) or more individuals described in subdivision (1); and
    (B) is dedicated in whole or in part to protecting the rights of persons who possess, own, or use firearms for competitive, sporting, defensive, or other lawful purposes.
    Sec. 7. A prevailing plaintiff in an action under section 5 of this chapter is entitled to recover from the political subdivision the following:
    (1) The greater of the following:
    (A) Actual damages, including consequential damages.
    (B) Liquidated damages of three (3) times the plaintiff's attorney's fees.
    (2) Court costs (including fees).
    (3) Reasonable attorney's fees.
    SOURCE: IC 35-47-11; (11)SE0292.1.5. --> SECTION 5. IC 35-47-11 IS REPEALED [EFFECTIVE JULY 1, 2011].
    Last edited by protect our rights; 05-05-2011 at 07:57 PM.
    "Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence ... From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and pistol are equally indispensable . . . The very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that is good" - George Washington

  2. #2
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    Great, thanks.

    Looks like according to section (13), even if a local gov't (like south bend city/county gov't building) has metal detectors & officers, a LTCH still allows us to carry inside.

    Please correct me if I read that wrong.

  3. #3
    Regular Member protect our rights's Avatar
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    Quote Originally Posted by cce1302 View Post
    Great, thanks.

    Looks like according to section (13), even if a local gov't (like south bend city/county gov't building) has metal detectors & officers, a LTCH still allows us to carry inside.

    Please correct me if I read that wrong.


    Sec. 4. This chapter may not be construed to prevent any of the following:
    (13) A unit (as defined in IC 36-1-2-23) from enacting or enforcing a provision prohibiting or restricting the possession of a firearm in a building owned or administered by the unit if:
    (A) metal detection devices are located at each public entrance to the building;
    (B) each public entrance to the building is staffed by at least one (1) law enforcement officer:
    (i) who has been adequately trained to conduct inspections of persons entering the building by use of metal detection devices and proper physical pat down searches; and
    (ii) when the building is open to the public; and
    (C) each:
    (i) individual who enters the building through the public entrance when the building is open to the public; and
    (ii) bag, package, and other container carried by the individual;
    is inspected by a law enforcement officer described in clause (B).
    However, except as provided in subdivision (5) concerning a building that contains a courtroom, a unit may not prohibit or restrict the possession of a handgun under this subdivision in a building owned or administered by the unit if the person who possesses the handgun has been issued a valid license to carry the handgun under IC 35-47-2.


    I believe it is saying, in order to enforce a no gun policy in a building now in Indiana. You would have to have a metal detector and a law enforcement officer at each public entrance. They would also have to be searching every bag and person entering the building. If and when ALL those requirements are met, then and ONLY then will it actually be a NO gun area. The last bit of sub-paragraph (ii) does seem to say that with the LTCH even when these steps are taken that we are still able to carry inside. This is a great new law. I'd say maybe the most important we've had since the shall issue was implemented.
    "Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence ... From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and pistol are equally indispensable . . . The very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that is good" - George Washington

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    IANALAIDTYAE (Iamnotalawyerandidon'tthinkyouareeither) but here's to waiting until July 1st to go back to the city gov't building!

    I hope that further explanation on that comes out. I do have some paperwork to take down there and I hate disarming just because some gov't employees "work" there.

    It's basically a TSA checkpoint to get in now. Metal detectors, xray for bags, security officers, etc.

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    I hate trying to read and figure these kinda prints/type out. Makes it hard for me to read and understand.

    Does this mean we can carry into a hospital now?

    7) The enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in a public hospital corporation that contains a secure correctional health unit that is staffed by a law enforcement officer twenty-four (24) hours a day.

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    hogeater f6:

    Indiana Senate Bill Sec. 4 Paragraph (7) states, that: A Local Unit of Government MAY Regulate: The Enactment or Enforcement of a Provision Prohibiting or Restricting The Possession of a Firearm in a Public Hospital Corporation that Contains a Secure Correctional Health Unit that is Staffed by a Law Enforcement Officer Twenty-Four (24) Hours a Day.

    Indiana Senate Bill Sec. 4 Paragraph (11) states, that: A Local Unit of Government MAY Regulate: The Enactment or Enforcement of a Provision Prohibiting or Restricting The Possession of a Firearm in a Hospital Established and Operated under IC 16-22-2 or IC 16-23.

    Unfortunately, Hospital Carry is Illegal for such Hospitals Enumerated under IC 16-22-2 or IC 16-23, which are: 1. County Hospital Governing Boards, AND 2. Municipal and Other Types of Hospitals, if such Local Units of Government should so choose to Prohibit Carry there. Furthermore, Carry could be Restricted, but NOT Nessecarily Eliminated there, as both Paragrahs under that Sec. 4 Allow for Discrestion. If a Local Unit of Government should so Elect, Hospitals could be Banned 'Out-Right', or Partially, or with Conditions.

    Events that Occur on Public Property could also be Regulated under Sec. 4 Paragraph (10).

    While Public Building Carry would be Lawful, under The Guidance of Advice Provided by protect our rights, where Security Measures are in Effect, Open Carry of a Loaded Handgun, even by Permit Holders, could be Restricted or Banned under Sec. 4 Paragraph (6), during a Public Meeting, Regardless, thus, Requiring Concealed Carry during a Public Meeting.

    aadvark
    Last edited by aadvark; 05-07-2011 at 11:35 AM.

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    Ok, that makes sence. I hate trying to read these things!

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    Quote Originally Posted by aadvark View Post
    hogeater f6:

    Indiana Senate Bill Sec. 4 Paragraph (7) states, that: A Local Unit of Government MAY Regulate: The Enactment or Enforcement of a Provision Prohibiting or Restricting The Possession of a Firearm in a Public Hospital Corporation that Contains a Secure Correctional Health Unit that is Staffed by a Law Enforcement Officer Twenty-Four (24) Hours a Day.
    The only hospital I am aware of that meets the above criteria, is Wishard.

    When I worked for DOC, I sat many nights at Wishard w/ inmates before they were admitted to the "Prison medical ward" inside Wishard (which is staffed by c/o's). We would frequently have c/o's with inmates there from as far away as Michigan City, etc.. I guess thats where the State sends all their inmates for hospital care (or did anyway, been a few years.).

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    From what I been hearing on the news and stuff is that we can carry in hospitals.?

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    Woo-hoo, go Iowa! Land of the corn cob pipe and, now one in the pipe and 19 in the mag.


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    About hospitals.....

    So if I read this correctly, under the new law public hospitals in Indiana cannot prevent carry in their buildings UNLESS they have a secure health unit staffed 24/7 by an LEO?

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    Quote Originally Posted by Badger Johnson View Post
    Woo-hoo, go Iowa! Land of the corn cob pipe and, now one in the pipe and 19 in the mag.

    1. This is the Indiana forum, not Iowa.
    2. That's an XD40, with a 12+1 capacity, not the XDM9 with a 19+1 capacity.
    3. We are not new to carrying.
    Last edited by cce1302; 06-14-2011 at 05:51 PM.

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    Quote Originally Posted by indyguy View Post
    So if I read this correctly, under the new law public hospitals in Indiana cannot prevent carry in their buildings UNLESS they have a secure health unit staffed 24/7 by an LEO?
    That's what I *think* it means... but the problem is, how do you know if a hospital has a secure health unity staffed by an LEO? I imagine that would be quite a question to ask the staff at a hospital..lol.

    Like I said, only hospital I know of that does, is Wishard.

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    indyguy AND Ken8521:

    Indiana Senate Bill Sec. 4 Paragraph (7) states, that: A Local Unit of Government MAY Regulate: The Enactment or Enforcement of a Provision Prohibiting or Restricting The Possession of a Firearm in a Public Hospital Corporation that Contains a Secure Correctional Health Unit that is Staffed by a Law Enforcement Officer Twenty-Four (24) Hours a Day.

    Indiana Senate Bill Sec. 4 Paragraph (11) states, that: A Local Unit of Government MAY Regulate: The Enactment or Enforcement of a Provision Prohibiting or Restricting The Possession of a Firearm in a Hospital Established and Operated under IC 16-22-2 or IC 16-23.

    aadvark

    *** Read Sec. 4 Paragraph (11) Carefully..., as it says that a: 'Local Unit of Government MAY...', therefore; if a Local Governmental Unit so chooses do so, then, The Local Governmental Unit MAY Prohibit Carry in a Hospital, regardless of whether or not such Hospital Contains a Mental Health Ward Staffed by a Law Enforcement Officer 24 Hours a Day. If The Hospital so Prohibited also has such a Secure Correctional Health Ward, then, You could Receive Two Seperate and Distinct Criminal Counts, as Opposed to only One Count. ***
    Last edited by aadvark; 06-17-2011 at 10:48 AM.

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    To clarify, hospitals established under IC 16-22-2 are county hospitals; those established under IC 16-23 are city hospitals.

    for those in my neck of the woods, it appears that both St Joe regional medical center and Memorial Hospital of SB are private hospitals, not subject to the above listed exceptions to SB 292.

    it is your responsibility to check my statements before taking them as fact.
    Last edited by cce1302; 06-20-2011 at 06:22 AM.

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    So even tho it is prohibited to carry in the hospitals, its not 'ileagal' to do so, correct?

    Sorry to beat a dead horse, again. Asked a fellow coworker, who is also a LEO and he says no hospital carry at all.

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    Quote Originally Posted by hogeater f6 View Post
    So even tho it is prohibited to carry in the hospitals, its not 'ileagal' to do so, correct?

    Sorry to beat a dead horse, again. Asked a fellow coworker, who is also a LEO and he says no hospital carry at all.
    There is nothing in the law that prohibits carry in hospitals.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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