HOUSE BILL No. 1540
DIGEST OF INTRODUCED BILL
Citations Affected: IC 14-22-31.5-5; IC 35-47.
Synopsis: Preemption of local firearm regulation. Prohibits, with
certain exceptions, a political subdivision from regulating any matter
pertaining to firearms, ammunition, and firearm accessories. Allows a
person to file an action against a political subdivision if the person is
adversely affected by an ordinance, measure, enactment, rule, or policy
of the political subdivision that violates the law.
Effective: July 1, 2011.
Speedy, Koch, Eberhart, Goodin
January 20, 2011, read first time and referred to Committee on Public Policy.
First Regular Session 117th General Assembly (2011)
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between statutes enacted by the 2010 Regular Session of the General Assembly.
HOUSE BILL No. 1540
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 14-22-31.5-5; (11)IN1540.1.1. -->
SECTION 1. IC 14-22-31.5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. Except as
specifically prohibited by this chapter and subject to IC 35-47-11.1,
a local unit of government may regulate the location, use, operation,
safety, and construction of a shooting range.
SOURCE: IC 35-47-1-2.5; (11)IN1540.1.2. -->
SECTION 2. IC 35-47-1-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 2.5. "Ammunition", for purposes of IC 35-47-11.1,
(1) fixed cartridge ammunition;
(2) shotgun shells;
(3) the individual components of fixed cartridge ammunition
and shotgun shells;
(4) projectiles for muzzle loading firearms; and
(5) any propellant used in a firearm or in firearm
SOURCE: IC 35-47-1-5.1; (11)IN1540.1.3. -->
SECTION 3. IC 35-47-1-5.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 5.1. "Firearm accessory" means:
(1) any device specifically adapted to enable:
(A) the wearing or carrying about one's person; or
(B) the storage or mounting in or on any conveyance;
of a firearm; and
(2) any attachment or device specifically adapted to be
inserted into or affixed onto any firearm to enable, alter, or
improve the functioning or capabilities of the firearm.
SOURCE: IC 35-47-11.1; (11)IN1540.1.4. -->
SECTION 4. IC 35-47-11.1 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
Chapter 11.1. Local Regulation of Firearms
, Ammunition, and
Sec. 1. This chapter applies to a political subdivision (as defined
in IC 3-5-2-38).
Sec. 2. Except as provided in section 4 of this chapter, a political
subdivision may not regulate:
(1) firearms, ammunition, and firearm accessories;
(2) the ownership, possession, use, discharge, carrying,
transportation, registration, transfer, and storage of firearms,
ammunition, and firearm accessories;
(3) commerce in and taxation of firearms, firearm
ammunition, and firearm accessories; and
(4) any other matter pertaining to or relating to firearms,
ammunition, and firearm accessories.
Sec. 3. Any ordinance, measure, enactment, rule, policy, or
exercise of proprietary authority of a political subdivision or of an
employee or agent of a political subdivision acting in an official
(1) enacted or undertaken before, on, or after June 30, 2011;
(2) that pertains to or affects the matters listed in section 2 of
Sec. 4. This chapter may not be construed to prevent:
(1) a law enforcement agency of a political subdivision from
enacting and enforcing regulations pertaining to firearms,
ammunition, or firearm accessories issued to or used by law
enforcement officers in the course of their official duties;
(2) subject to IC 34-28-7-2, an employer from regulating or
prohibiting the employees of the employer from carrying
firearms and ammunition in the course of the employee's
(3) a court or administrative law judge from hearing and
resolving any case or controversy or issuing any opinion or
order on a matter within the jurisdiction of the court or
(4) the enactment or enforcement of generally applicable
zoning or business ordinances that apply to firearms
businesses to the same degree as other businesses. However,
an ordinance that is designed or enforced to effectively
restrict or prohibit the sale, purchase, transfer, manufacture,
or display of firearms, ammunition, or firearm accessories
that is otherwise lawful under the laws of this state is void. A
unit (as defined in IC 36-1-2-23) may not use the unit's
planning and zoning powers under IC 36-7-4 to prohibit the
sale of firearms within a prescribed distance of any other type
of commercial property or of school property or other
Sec. 5. A person adversely affected by an ordinance, measure,
enactment, rule, or policy adopted or enforced by a political
subdivision that violates this chapter may file an action in a court
with competent jurisdiction against the political subdivision for:
(1) declarative and injunctive relief; and
(2) actual and consequential damages attributable to the
Sec. 6. A person is "adversely affected" for purposes of section
5 of this chapter if either of the following applies:
(1) The person is an individual who meets all of the following
(A) The individual lawfully resides within the United
(B) The individual may legally possess a firearm under the
laws of Indiana.
(C) The individual is or was subject to the ordinance,
measure, enactment, rule, or policy of the political
subdivision that is the subject of an action filed under
section 5 of this chapter. An individual is or was subject to
the ordinance, measure, enactment, rule, or policy of the
political subdivision if the individual is or was physically
present within the boundaries of the political subdivision
for any reason.
(2) The person is a membership organization that:
(A) includes two (2) or more individuals described in
subdivision (1); and
(B) is dedicated in whole or in part to protecting the rights
of persons who possess, own, or use firearms for
competitive, sporting, defensive, or other lawful purposes.
Sec. 7. A prevailing plaintiff in an action under section 5 of this
chapter is entitled to recover from the political subdivision the
(1) The greater of the following:
(A) Actual damages, including consequential damages.
(B) Liquidated damages of three (3) times the plaintiff's
(2) Court costs (including fees).
(3) Reasonable attorney's fees.
SOURCE: IC 35-47-11; (11)IN1540.1.5. -->
SECTION 5. IC 35-47-11 IS REPEALED [EFFECTIVE JULY 1,