SB 292-1_ Filed 04/29/2011, 11:59
Adopted 4/29/2011

CONFERENCE COMMITTEE REPORT

DIGEST FOR ESB 292



Citations Affected: IC 14-22-31.5-5; IC 35-47.

Synopsis: Preemption of local firearm regulation. Conference committee report for ESB 292. Prohibits, with certain exceptions, a political subdivision from regulating: (1) firearms, ammunition, and firearm accessories; (2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and (3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories. Allows a person to file an action against a political subdivision if the person is adversely affected by an ordinance, a measure, an enactment, a rule, or a policy of the political subdivision that violates the law. Repeals a conflicting statute concerning local regulation of firearms. (This conference committee report does the following: (1) Specifies a political subdivision may not regulate: (A) firearms, ammunition, and firearm accessories; (B) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and (C) commerce in and taxation of firearms, firearm ammunition, and firearm accessories. (2) Removes: (A) references to"lawful discharge"; and (B) an exception concerning a city or town enacting or enforcing a provision prohibiting or restricting the lawful discharge of a firearm at a shooting range located within the boundaries of the city or town or a consolidated city from enacting or enforcing a provision prohibiting or restricting the lawful discharge of a firearm at a shooting range located within the territory of the consolidated city that comprised the first class city before it became a consolidated city. (3) Specifies that a unit that prohibits or restricts the possession of a firearm in a building owned or administered by the unit by locating metal detection devices at each public entrance to the building: (A) must have at least one law enforcement officer at each public entrance who has been adequately trained to conduct inspections of persons entering the building; and (B) may not prohibit or restrict the possession of a handgun in the building by a person who has been issued a valid license to carry the handgun.)

Effective: July 1, 2011.



CONFERENCE COMMITTEE REPORT

MADAM PRESIDENT:
    Your Conference Committee appointed to confer with a like committee from the House upon Engrossed House Amendments to Engrossed Senate Bill No. 292 respectfully reports that said two committees have conferred and agreed as follows to wit:

    that the Senate recede from its dissent from all House amendments and that the Senate now concur in all House amendments to the bill and that the bill be further amended as follows:

    Delete everything after the enacting clause and insert the following:

SOURCE: IC 14-22-31.5-5; (11)CC029202.1.1. -->     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)CC029202.1.2. -->     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, means:
        (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 ammunition.

SOURCE: IC 35-47-1-5.1; (11)CC029202.1.3. -->     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)CC029202.1.4. -->     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 Firearm Accessories
    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, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and
        (3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories.
    Sec. 3. Any provision of an ordinance, measure, enactment, rule, or policy or exercise of proprietary authority of a political subdivision or of an employee or agent of a political subdivision acting in an official capacity:
        (1) enacted or undertaken before, on, or after June 30, 2011; and
        (2) that pertains to or affects the matters listed in section 2 of this chapter;
is void.
    Sec. 4. This chapter may not be construed to prevent any of the following:
        (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 official duties.
        (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 judge.
        (4) The enactment or enforcement of generally applicable zoning or business ordinances that apply to firearms businesses to the same degree as other similar businesses. However, a provision of 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 educational property.
        (5) The enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in any building that contains the courtroom of a circuit, superior, city, town, or small claims court. However, if a portion of the building is occupied by a residential tenant or private business, any provision restricting or prohibiting the possession of a firearm does not apply to the portion of the building that is occupied by the residential tenant or private business, or to common areas of the building used by a residential tenant or private business.
        (6) The enactment or enforcement of a provision prohibiting or restricting the intentional display of a firearm at a public meeting.
        (7) The enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in a public hospital corporation that contains a secure correctional health unit that is staffed by a law enforcement officer twenty-four (24) hours a day.
        (8) The imposition of any restriction or condition placed on a person participating in:
            (A) a community corrections program (IC 11-12-1);
            (B) a forensic diversion program (IC 11-12-3.7); or
            (C) a pretrial diversion program (IC 33-39-1).
        (9) The enforcement or prosecution of the offense of criminal recklessness (IC 35-42-2-2) involving the use of a firearm.
        (10) For an event occurring on property leased from a political subdivision or municipal corporation by the promoter or organizer of the event:
            (A) the establishment, by the promoter or organizer, at the promoter's or organizer's own discretion, of rules of conduct or admission upon which attendance at or participation in the event is conditioned; or
            (B) the implementation or enforcement of the rules of conduct or admission described in clause (A) by a political subdivision or municipal corporation in connection with the event.
        (11) The enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in a hospital established and operated under IC 16-22-2 or IC 16-23.
        (12) A unit from using the unit's planing 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.
        (13) A unit (as defined in IC 36-1-2-23) from enacting or enforcing a provision prohibiting or restricting the possession of a firearm in a building owned or administered by the unit if:
            (A) metal detection devices are located at each public entrance to the building;


            (B) each public entrance to the building is staffed by at least one (1) law enforcement officer:
                (i) who has been adequately trained to conduct inspections of persons entering the building by use of metal detection devices and proper physical pat down searches; and
                (ii) when the building is open to the public; and
            (C) each:
                (i) individual who enters the building through the public entrance when the building is open to the public; and
                (ii) bag, package, and other container carried by the individual;
            is inspected by a law enforcement officer described in clause (B).
        However, except as provided in subdivision (5) concerning a building that contains a courtroom, a unit may not prohibit or restrict the possession of a handgun under this subdivision in a building owned or administered by the unit if the person who possesses the handgun has been issued a valid license to carry the handgun under IC 35-47-2.
    Sec. 5. A person adversely affected by an ordinance, a measure, an enactment, a rule, or a 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 violation.
    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 requirements:
            (A) The individual lawfully resides within the United States.
            (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

following:
        (1) The greater of the following:
            (A) Actual damages, including consequential damages.
            (B) Liquidated damages of three (3) times the plaintiff's attorney's fees.
        (2) Court costs (including fees).
        (3) Reasonable attorney's fees.

SOURCE: IC 35-47-11; (11)CC029202.1.5. -->     SECTION 5. IC 35-47-11 IS REPEALED [EFFECTIVE JULY 1, 2011]
    (Reference is to ESB 292 as reprinted April 18, 2011.)




Conference Committee Report

on

Engrossed Senate Bill 292



Text Box

S

igned by:

    ____________________________    ____________________________
    Senator HershmanRepresentative Torr
    Chairperson

    ____________________________    ____________________________
    Senator HumeRepresentative Goodin

    Senate Conferees    House Conferees


CC029202/DI 69
2011