SB 292-5_ Filed 02/10/2011, 10:00 Simpson

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 292 be amended to read as follows:

SOURCE: Page 1, line 1; (11)MO029207.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 5-2-18; (11)MO029207.1. -->     "SECTION 1. IC 5-2-18 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 18. Assault Weapon Data Base
    Sec. 1. As used in this chapter, "assault weapon" has the meaning set forth in IC 35-47-1-2.7.
    Sec. 2. As used in this chapter, "superintendent" refers to the superintendent of the state police department.
    Sec. 3. The superintendent or the superintendent's designee shall establish an assault weapon data base that consists of the following:
        (1) Information concerning the maker, model, manufacturer's serial number, or other mark of identification on any assault weapon.
        (2) Information concerning the name and address of the purchaser of an assault weapon.
        (3) If the assault weapon is used in connection with a crime, or is the subject of a crime, relevant information concerning the crime.
        (4) Any other information required by the superintendent.
    Sec. 4. The superintendent or the superintendent's designee is the administrator of the assault weapon data base.
    Sec. 5. The assault weapon data base shall be used to assist federal, state, and local law enforcement agencies in the investigation and prosecution of crimes.
    Sec. 6. The superintendent shall develop an assault weapon sales tracking form for use by retailers and other individuals who sell, rent, trade, or transfer assault weapons. The assault weapon sales tracking form shall include the following information:
        (1) The name of the purchaser.
        (2) The address of the purchaser.
        (3) The type of identification the purchaser used to identify the purchaser.
        (4) The maker of the assault weapon.
        (5) The model of the assault weapon.
        (6) The manufacturer's serial number or other mark of identification.
        (7) The date of purchase.
        (8) Any other relevant information that will assist the superintendent in tracking assault weapons.
The assault weapon sales tracking form shall be in an electronic format.
    Sec. 7. Notwithstanding any other law, the superintendent shall maintain individual records contained in the assault weapon data base for at least thirty-five (35) years.
    Sec. 8. The superintendent shall adopt rules under IC 4-22-2 necessary to implement this chapter.
".
SOURCE: Page 1, line 16; (11)MO029207.1. -->     Page 1, between lines 16 and 17, begin a new paragraph and insert:
SOURCE: IC 35-47-1-2.7; (11)MO029207.4. -->     "SECTION 4. IC 35-47-1-2.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2.7. (a) "Assault weapon" means the following:
        (1) A semiautomatic center fire rifle that accepts a detachable magazine with a capacity of at least twenty (20) rounds.
        (2) A semiautomatic shotgun with a magazine capacity of more than six (6) rounds.
        (3) A semiautomatic handgun that is:
            (A) a modification of a rifle described in subdivision (1) or a modification of an automatic firearm; or
            (B) originally designed to accept a detachable magazine with a capacity of more than twenty (20) rounds.
        (4) A firearm that may be restored to an operable assault weapon described in subdivision (1), (2), or (3).
        (5) A part or combination of parts designed or intended to convert a firearm into an assault weapon described in subdivision (1), (2), or (3).
        (6) A combination of parts from which an assault weapon described in subdivision (1), (2), or (3) may be readily assembled if the same person possesses or controls the parts.
    (b) The term does not include the following:
        (1) A firearm that uses .22 caliber rimfire ammunition with a detachable magazine that has a capacity of thirty (30) rounds or less.
        (2) A firearm that has been modified to make it permanently:
            (A) inoperable; or
            (B) a device no longer defined as an assault weapon.
".
SOURCE: Page 2, line 9; (11)MO029207.2. -->     Page 2, between lines 9 and 10, begin a new paragraph and insert:
SOURCE: IC 35-47-2.7; (11)MO029207.6. -->     "SECTION 6. IC 35-47-2.7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 2.7. Assault Weapon Sales Tracking
    Sec. 1. (a) This subsection applies to a retail dealer. Before a retail dealer may sell, trade, or transfer an assault weapon to a person, the retail dealer must require the person to:
        (1) present a current and valid photo identification issued by a governmental entity; and
        (2) complete the assault weapon sales tracking form (as described in IC 5-2-18-6).
    (b) This subsection applies to a person who is not a retail dealer. Before a person who is not a retail dealer may sell, trade, or transfer an assault weapon to a person, the person who is not a retail dealer must require the person to:
        (1) present a current and valid photo identification issued by a governmental entity; and
        (2) complete the assault weapon sales tracking form (as described in IC 5-2-18-6).
    Sec. 2. (a) At least one (1) time each month, a retail dealer shall transmit the assault weapon sales tracking form to the sheriff that has jurisdiction in the county in which the retail dealer is located. However, if the retail dealer is located in a consolidated city, the retail dealer shall transmit the assault weapon sales tracking form to the chief of police.
    (b) Not later than three (3) days after a person who is not a retail dealer sells, trades, rents, or transfers an assault weapon, the person shall transmit the assault weapon sales tracking form to the sheriff that has jurisdiction in the county in which the retail dealer is located. However, if the retail dealer is located in a consolidated city, the retail dealer shall transmit the assault weapon sales tracking form to the chief of police.
    Sec. 3. At least one (1) time each month, a sheriff (or the police chief of a consolidated city) who obtains an assault weapon sales tracking form shall transmit the form to the superintendent of the state police department.
    Sec. 4. The superintendent of the state police department shall enter information related to the sale of an assault weapon collected under this section in the assault weapon data base established under IC 5-2-18.
    Sec. 5. A person who knowingly or intentionally makes a materially false statement on an assault weapon sales tracking form completed under section 1 of this chapter commits falsification in the purchase of an assault weapon, a Class D felony.
    Sec. 6. A person who knowingly or intentionally sells, rents, trades, or transfers an assault weapon without requiring the

person who receives the assault weapon to complete an assault weapon sales tracking form commits unlawful sale of an assault weapon, a Class A misdemeanor.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 292 as printed January 28, 2011.)

________________________________________

Senator SIMPSON


MO029207/DI 106
2011