HB 1108-1_ Filed 01/24/2008, 06:12 Walorski


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1108 be amended to read as follows:

SOURCE: Page 4, line 2; (08)MO110801.4. -->     Page 4, between lines 2 and 3, begin a new paragraph and insert:
SOURCE: IC 35-47-2-3.5; (08)MO110801.2. -->     "SECTION 2. IC 35-47-2-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3.5. (a) Notwithstanding section 3 of this chapter, if a person:
        (1) is at least eighteen (18) years of age;
        (2) is or has been a victim of domestic or family violence; and
        (3) obtains an order for protection from a court under IC 34-26-5;
the person may apply to the sheriff of the county in which the person resides to receive a temporary license to carry a handgun.
    (b) An application submitted to a sheriff under this section must contain the information described in section 3(c) of this chapter.
    (c) A sheriff who receives an application under this section shall verify the:
        (1) accuracy of the information contained in the application; and
        (2) applicant's character and reputation.
    (d) If it appears to the sheriff that an applicant:
        (1) is of good character and reputation;
        (2) is a proper person to be licensed; and
        (3) is:
            (A) a citizen of the United States; or
            (B) not a citizen of the United States but is allowed to carry

a firearm in the United States under federal law;
the sheriff shall issue to the applicant a temporary license to carry any handgun lawfully possessed by the applicant. The original license shall be delivered to the applicant. One (1) copy of the license shall be retained by the sheriff, and one (1) copy of the license shall be delivered to the superintendent. The superintendent may make any further investigation the superintendent considers necessary concerning the applicant.
    (e) Notwithstanding section 6(a) of this chapter, a sheriff shall make a decision to:
        (1) issue a temporary license to carry a handgun; or
        (2) deny an application;
under this section not more than one (1) business day after the date the sheriff receives the application for a temporary license.
    (f) Notwithstanding sections 3(b) and 4(b) of this chapter, a sheriff may charge a fee not to exceed twenty dollars ($20) for issuing a temporary license to carry a handgun under this section.
    (g) Notwithstanding section 4(a) of this chapter, a temporary license to carry a handgun issued under this section expires when the order for protection described in subsection (a)(3) expires or is terminated.
    (h) A sheriff who issues a temporary license to carry a handgun to a person under this section or the superintendent may revoke any license issued under this section if the sheriff or superintendent has reasonable grounds to believe that the person's license should be revoked.
    (i) A person who knowingly or intentionally makes a false statement on an application for a temporary license to carry a handgun submitted under this section commits a Class C misdemeanor.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1108 as printed January 22, 2008.)

________________________________________

Representative Walorski


MO110801/DI 44     2008