SENATE BILL No. 356
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-47.
Synopsis: Possession of handguns on public property. Provides that a
person who possesses a valid Indiana license to carry a handgun may
not be prohibited from possessing a handgun: (1) on land that is; or (2)
in buildings and other structures that are; owned or leased by the state
or a political subdivision of the state. Provides exceptions for airports
and penal facilities.
Effective: July 1, 2008.
January 14, 2008, read first time and referred to Committee on Corrections, Criminal, and
Second Regular Session 115th General Assembly (2008)
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
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
this style type
between statutes enacted by the 2007 Regular Session of the General Assembly.
SENATE BILL No. 356
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 35-47-9-1; (08)IN0356.1.1. -->
SECTION 1. IC 35-47-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. This chapter does not
apply to the following:
(B) state; or
law enforcement officer.
(2) A person who has been employed or authorized by:
(A) a school; or
(B) another person who owns or operates property being used
by a school for a school function;
to act as a security guard, perform or participate in a school
function, or participate in any other activity authorized by a
(3) A person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle that is being
operated by the person to transport another person to or from
a school or a school function.
(4) A person who possesses a valid license to carry a handgun
issued under IC 35-47-2.
SOURCE: IC 35-47-11-2; (08)IN0356.1.2. -->
SECTION 2. IC 35-47-11-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. Notwithstanding
IC 36-1-3, a unit may not regulate in any manner the ownership,
possession, sale, transfer, or transportation of firearms (as defined in
IC 35-47-1-5) or ammunition except as follows:
(1) Subject to IC 35-47-16, this chapter does not apply to land,
buildings, or other real property owned or administered by a unit,
except highways (as defined in IC 8-23-1-23) or public highways
(as defined in IC 8-2.1-17-14).
(2) Notwithstanding the limitation in this section, a unit may use
the unit's planning 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.
(3) Notwithstanding the limitation in this section, a legislative
body of a unit other than a township may adopt an emergency
ordinance or a unit other than a township may take other action
allowed under section 6 of this chapter to regulate the sale of
firearms anywhere within the unit for a period of not more than
seventy-two (72) hours after the regulatory action takes effect.
SOURCE: IC 35-47-16; (08)IN0356.1.3. -->
SECTION 3. IC 35-47-16 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]:
Chapter 16. Possession of Handguns on Public Property
Sec. 1. This chapter does not apply to the following:
(1) A state prison, a correctional facility, a city or county jail,
a penitentiary, or any other facility used to confine persons
(A) have been sentenced for committing crimes; or
(B) are awaiting trial or sentencing for committing crimes.
(2) IC 35-47-6 concerning weapons in airports and on aircraft.
Sec. 2. As used in this chapter, "political subdivision" means a:
(4) town; or
(5) municipal corporation (as defined in IC 36-1-2-10).
Sec. 3. As used in this chapter, "state" means Indiana or any
agency of state government.
Sec. 4. A person who possesses a valid license to carry a
handgun issued under IC 35-47-2 may not be prohibited from
possessing a handgun:
(1) on land that is; or
(2) in buildings and other structures that are;
owned or leased by the state or a political subdivision of the state.