February 18, 2005





SENATE BILL No. 245

_____


DIGEST OF SB 245 (Updated February 15, 2005 6:06 pm - DI 106)



Citations Affected: IC 35-47.

Synopsis: Handgun licenses. Prohibits a person who: (1) is prohibited by court order from possessing a handgun; or (2) has been convicted of a crime of domestic violence (unless a court has restored the person's right to possess a firearm); from obtaining a license to carry a handgun.

Effective: July 1, 2005.





Long




    January 6, 2005, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
    February 17, 2005, reported favorably _ Do Pass.






February 18, 2005

First Regular Session 114th General Assembly (2005)


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 2004 Regular Session of the General Assembly.

SENATE BILL No. 245



    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 35-47-1-7; (05)SB0245.1.1. -->     SECTION 1. IC 35-47-1-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. "Proper person" means a person who: does not:
        (1) does not have a conviction for resisting law enforcement under IC 35-44-3-3 within five (5) years before the person applies for a license or permit under this chapter;
        (2) does not have a conviction for a crime for which he the person could have been sentenced for more than one (1) year;
         (3) does not have a conviction for a crime of domestic violence (as defined in IC 35-41-1-6.3), unless a court has restored the person's right to possess a firearm under IC 3-7-13-5;
        (4) is not prohibited by a court order from possessing a handgun;

        (3) (5) does not have a record of being an alcohol or drug abuser as defined in this chapter;
        (4) (6) does not have documented evidence which would give rise to a reasonable belief that he the person has a propensity for

violent or emotionally unstable conduct;
        (5) (7) does not make a false statement of material fact on his the person's application;
        (6) (8) does not have a conviction for any crime involving an inability to safely handle a handgun;
        (7) (9) does not have a conviction for violation of the provisions of this article within five (5) years of his the person's application; or
        (8) (10) does not have an adjudication as a delinquent child for an act that would be a felony if committed by an adult, if the person applying for a license or permit under this chapter is less than twenty-three (23) years of age.