Introduced Version






HOUSE BILL No. 1998

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-47.

Synopsis: Handguns. Requires a person who applies for a license to carry a handgun to provide evidence that the person has successfully completed a handgun safety course conducted under standards established by the superintendent of the state police department. Specifies that a person who sells, rents, trades, or transfers a handgun to another person at a gun show is considered a dealer for purposes of the law concerning sale of handguns. Requires a handgun dealer to wait seven business days after obtaining background information from a prospective handgun purchaser before selling, renting, trading, or transferring a handgun to the purchaser. Prohibits a person from purchasing or otherwise obtaining more than two handguns during a calendar month.

Effective: July 1, 2001.





Smith V




    January 17, 2001, read first time and referred to Committee on Agriculture, Natural Resources and Rural Development.







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.

HOUSE BILL No. 1998



    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; (01)IN1998.1.1. -->     SECTION 1. IC 35-47-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) A person desiring a license to carry a handgun shall must:
        (1)
apply:
            (1) (A) to the chief of police or corresponding law enforcement officer of the municipality in which he the person resides;
            (2) (B) 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 the person resides after he the person has obtained an application form prescribed by the superintendent; or
            (3) (C) if he the person 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 the person has a regular place of business or employment; and
         (2) provide evidence that the person has successfully completed a handgun safety training course conducted under standards established by the superintendent.
    (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 the applicant's name, full address, length of residence in the community, whether his the applicant's 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 the applicant's 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 the officer's 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 the superintendent deems necessary. Whenever disapproval is recommended, the officer to whom the application is made shall provide the superintendent and the applicant with his the officer's 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 the superintendent 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) 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 35-47-2.5-2; (01)IN1998.1.2. -->     SECTION 2. IC 35-47-2.5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. As used in this chapter, "dealer" includes any person:
         (1) licensed under 18 U.S.C. 923; or
        (2) who sells, rents, trades, or transfers a handgun to another person at a gun show.

SOURCE: IC 35-47-2.5-4; (01)IN1998.1.3. -->     SECTION 3. IC 35-47-2.5-4 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. A dealer may not sell, rent, trade, or transfer from the dealer's inventory a handgun to a person until the dealer has done all of the following:
        (1) Obtained from the prospective purchaser written consent to a criminal history check, as specified in section 3 of this chapter.
        (2) Provided the state police department with the prospective purchaser's name, birth date, gender, race, Social Security number, and any other identification required of the prospective purchaser.
        (3) Requested and received criminal history information from the state police department by means of:
            (A) a telephone call; or
            (B) other electronic means.
         (4) Waited at least seven (7) business days from the date the dealer provided the state police department with the information required under subdivision (2).

SOURCE: IC 35-47-2.5-7; (01)IN1998.1.4. -->     SECTION 4. IC 35-47-2.5-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. (a) The state police department shall provide its response to a requesting dealer under section 6 of this chapter during the dealer's call, or by return call without delay.
    (b) If a criminal history check indicates that a prospective purchaser or transferee has a disqualifying criminal record or has been acquitted by reason of insanity and committed to the custody of the division of mental health, the state police department has until the end of the next seven (7) business day of the state police department days to advise the dealer that the records indicate the buyer or transferee is prohibited from possessing or transporting a firearm by state or federal law.
    (c) If a dealer:
        (1) is not advised of a prohibition by the state police department before the end of the next seven (7) business day of the state police department; days as described in subsection (b) and section 4(4) of this chapter; and
        (2) has fulfilled the other requirements of section 4 of this chapter;
the dealer may immediately complete the sale or transfer and may not be considered in violation of this chapter with respect to the sale or transfer.
    (d) In case of electronic failure or other circumstances beyond the control of the state police department, the dealer shall be advised immediately of the reason for the delay and be given an estimate of the length of the delay. However, after a notification under this subsection,

the state police department shall inform the requesting dealer whether state police department records indicate the buyer or transferee is prohibited from possessing or transporting a firearm by state or federal law not later than:
        (1) the end of the next business day of the state police department following correction of the problem that caused the delay; or
        (2) three (3) business days of the state police department;
whichever is earlier.
    (e) A dealer that fulfills the requirements of section 4 of this chapter and is told by the state police department that a response will not be available under subsection (d) may immediately complete the sale or transfer and may not be considered in violation of this chapter with respect to the sale or transfer.

SOURCE: IC 35-47-2.5-11.3; (01)IN1998.1.5. -->     SECTION 5. 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 two (2) handguns during a calendar month.
    (c) A person who knowingly or intentionally violates this section commits a Class A misdemeanor.