Introduced Version






SENATE BILL No. 282

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-47.

Synopsis: Firearm sales, transfers, and storage away from children. Makes it a Class A misdemeanor for a person to purchase or otherwise obtain more than one handgun during a calendar month. Makes it a Class A misdemeanor for a person to sell or otherwise transfer ownership of a handgun to another person at a gun show unless the person is a licensed firearms dealer. Places restrictions on the transfer of firearms that have certain physical characteristics that could make the firearms dangerous to use. Makes it a Class A infraction for an adult to knowingly, intentionally, recklessly, or negligently store or leave a loaded handgun, or an unloaded handgun that is accompanied by ammunition, in a location where the adult knows or should reasonably know that an unsupervised child is likely to gain access to and handle the handgun if: (1) a child gains access to the handgun; and (2) the child violates the law concerning carrying a handgun without a license or uses the handgun to cause bodily injury to the child or to another person. Makes a repeat offense a Class A misdemeanor.

Effective: July 1, 2001.





Howard




    January 11, 2001, read first time and referred to Committee on Public Policy.







Introduced

First Regular Session 112th General Assembly (2001)


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 2000 General Assembly.

SENATE BILL No. 282



    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 35-47-2.5-11.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11.3. (a) Notwithstanding section 1(3) of this chapter, this section applies to Indiana residents licensed to carry handguns under IC 35-47-2-3.
    (b) A person may not purchase or otherwise obtain more than one (1) handgun during a calendar month.
    (c) A person who knowingly or intentionally violates this section commits a Class A misdemeanor.

    SECTION 2. IC 35-47-2.5-11.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11.6. (a) Notwithstanding section 1(3) of this chapter, this section applies to Indiana residents licensed to carry handguns under IC 35-47-2-3.
    (b) A person may not sell or otherwise transfer ownership of a handgun to another person at a gun show unless the person is a licensed firearms dealer.


     (c) A person who knowingly or intentionally violates this section commits a Class A misdemeanor.
    SECTION 3. IC 35-47-4-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6. (a) A person may not sell, rent, lease, transfer, or deliver, or offer to sell, lease, transfer, or deliver, a firearm to another person if the firearm:
        (1) has a frame, barrel, cylinder, slide, or breechblock that is composed of:
            (A) a metal that has a melting point of less than nine hundred (900) degrees Fahrenheit;
            (B) a metal that has an ultimate tensile strength of less than fifty-five thousand (55,000) pounds per square inch; or
            (C) a powdered metal that has a density of less than seven and five-tenths (7.5) grams per cubic centimeter;
        (2) is prone to:
            (A) accidental discharge;
            (B) firing more than one (1) time per pull of the trigger; or
            (C) explosion during firing; or
        (3) has a barrel less than three (3) inches in length;
unless the person discloses in writing to the other person the condition of the firearm.
    (b) A person who knowingly or intentionally violates this section commits a Class C misdemeanor.

    SECTION 4. IC 35-47-10-7.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7.1. (a) This section does not apply under the following circumstances:
        (1) When a child gains possession of a handgun that was:
            (A) stored in a locked box or container; or
            (B) securely locked with a trigger lock.
        (2) When a child gains possession of a handgun as a result of the child's unlawful entry.
    (b) If:
        (1) an adult knowingly, intentionally, recklessly, or negligently stores or leaves:
            (A) a loaded handgun; or
            (B) an unloaded handgun that is accompanied by ammunition;
        in a location where the adult knows or should reasonably know that an unsupervised child is likely to gain access to and

handle the handgun;
        (2) a child gains access to the handgun; and
        (3) the child uses the handgun to:
            (A) violate IC 35-47-2-1 ; or
            (B) cause bodily injury to the child or to another person;
the adult commits a Class A infraction. However, the offense is a Class A misdemeanor if the adult has a previous judgment under this section.