HOUSE BILL No. 1070
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-47-11.
Synopsis: Local regulation of firearms. Repeals provisions that allow
certain political subdivisions to adopt emergency ordinances to regulate
firearms if a local disaster emergency has been declared.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Natural Resources.
Second Regular Session 116th General Assembly (2010)
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HOUSE BILL No. 1070
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 35-47-11-1; (10)IN1070.1.1. -->
SECTION 1. IC 35-47-11-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a)
Section 2 of This
chapter applies to all units (as defined in IC 36-1-2-23). All other
sections of this chapter apply to all units other than townships.
(b) This chapter applies only if a statute expressly grants a
legislative body the authority to adopt an emergency ordinance under
(c) (b) This chapter does not affect the validity of an ordinance
adopted before, and in effect on, January 1, 1994.
SOURCE: IC 35-47-11-2; (10)IN1070.1.2. -->
SECTION 2. IC 35-47-11-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: 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) 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
(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.
SECTION 3. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2010]: IC 35-47-11-3; IC 35-47-11-4; IC 35-47-11-5;