SOURCE: IC 20-12-3.5-2; (01)MO104333.1. -->
SECTION 1.
IC 20-12-3.5-2
, AS AMENDED BY P.L.116-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 2. (a) Police officers appointed under this chapter
have general police powers including the power to arrest, without
process, all persons who within their view commit any offense. They
have the same common law and statutory powers, privileges, and
immunities as sheriffs and constables, except that they are empowered
to serve civil process only to the extent authorized by the employing
governing board; however, any powers may be expressly forbidden
them by the governing board of the institution employing them. In
addition to any other powers or duties, such police officers have the
duty to enforce and to assist the officials of their institutions in the
enforcement of the rules and regulations of the institution, and to assist
and cooperate with other law enforcement agencies and officers.
(b) Such police officers may exercise the powers granted under this
section only upon any real property owned or occupied by their
institutions, including the streets passing through and adjacent thereto.
Additional jurisdiction may be established by agreement with the chief
of police of the municipality or sheriff of the county or the appropriate
law enforcement agency where the property is located, dependent upon
the jurisdiction involved.
(c) When an eligible police officer retires after at least twenty (20)
years of service, the police officer may retain the officer's service
weapon. The officer is entitled to receive, in recognition of the service
to the department and the public, a badge that indicates that the officer
is retired. Upon retirement, the department shall issue to the police
officer an identification card that states the police officer's name and
rank at retirement, states the officer's retired status, and notes the
officer's authority to retain the service weapon. A police officer
described in this subsection is entitled to a lifetime license to carry a
handgun under IC 35-47-2-3(e).
IC 35-47-2-3
(f).
SOURCE: IC 35-47-2-3; (01)MO104333.2. -->
SECTION 2.
IC 35-47-2-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) A person desiring
a license to carry a handgun shall apply:
(1) to the chief of police or corresponding law enforcement officer
of the municipality in which he resides;
(2) if that municipality has no such officer, or if the applicant does
not reside in a municipality, to the sheriff of the county in which
he resides after he has obtained an application form prescribed by
the superintendent; or
(3) if he is a resident of another state and has a regular place of
business or employment in Indiana, to the sheriff of the county in
which he has a regular place of business or employment.
(b) The law enforcement agency which accepts an application for a
handgun license shall collect a ten dollar ($10) application fee, five
dollars ($5) of which shall be refunded if the license is not issued.
Except as provided in subsection
(g), (h), the fee shall be:
(1) deposited into the law enforcement agency's firearms training
fund or other appropriate training activities fund; and
(2) used by the agency for the purpose of:
(A) training law enforcement officers in the proper use of
firearms or other law enforcement duties; or
(B) purchasing for the law enforcement officers employed by
the law enforcement agency firearms, or firearm related
equipment, or both.
The state board of accounts shall establish rules for the proper
accounting and expenditure of funds collected under this subsection.
(c)
The law enforcement agency that receives and accepts an
application for a handgun license shall provide the applicant with
relevant information concerning handgun safety that is provided
to the law enforcement agency by the superintendent. The law
enforcement agency shall provide the information to the applicant
before the application is forwarded to the superintendent under
subsection (d).
(d) The officer to whom the application is made shall ascertain
concerning the applicant his name, full address, length of residence in
the community, whether his residence is located within the limits of
any city or town, occupation, place of business or employment,
criminal record, if any, and convictions (minor traffic offenses
excepted), age, race, sex, nationality, date of birth, citizenship, height,
weight, build, color of hair, color of eyes, scars and marks, whether the
applicant has previously held an Indiana license to carry a handgun
and, if so, the serial number of the license and year issued, whether his
license has ever been suspended or revoked, and if so, the year and
reason for the suspension or revocation, and the applicant's reason for
desiring a license. The officer to whom the application is made shall
conduct an investigation into the applicant's official records and verify
thereby the applicant's character and reputation, and shall in addition
verify for accuracy the information contained in the application, and
shall forward this information together with his recommendation for
approval or disapproval and one (1) set of legible and classifiable
fingerprints of the applicant to the superintendent.
(d) (e) The superintendent may make whatever further investigation
he deems necessary. Whenever disapproval is recommended, the
officer to whom the application is made shall provide the
superintendent and the applicant with his complete and specific
reasons, in writing, for the recommendation of disapproval.
(e) (f) If it appears to the superintendent that the applicant has a
proper reason for carrying a handgun and is of good character and
reputation and a proper person to be so licensed, he shall issue to the
applicant a qualified or an unlimited license to carry any handgun
lawfully possessed by the applicant. The original license shall be
delivered to the licensee. A copy shall be delivered to the officer to
whom the application for license was made. A copy shall be retained
by the superintendent for at least four (4) years. This license shall be
valid for a period of four (4) years from the date of issue. The license
of police officers, sheriffs or their deputies, and law enforcement
officers of the United States government who have been honorably
retired by a lawfully created pension board or its equivalent after
twenty (20) or more years of service, shall be valid for the life of such
individuals. However, such lifetime licenses are automatically revoked
if the license holder does not remain a proper person.
(f) (g) A license to carry a handgun shall not be issued to any person
who:
(1) has been convicted of a felony;
(2) is under eighteen (18) years of age;
(3) is under twenty-three (23) years of age if the person has been
adjudicated a delinquent child for an act that would be a felony
if committed by an adult; or
(4) has been arrested for a Class A or Class B felony, or any other
felony that was committed while armed with a deadly weapon or
that involved the use of violence, if a court has found probable
cause to believe that the person committed the offense charged.
In the case of an arrest under subdivision (4), a license to carry a
handgun may be issued to a person who has been acquitted of the
specific offense charged or if the charges for the specific offense are
dismissed. The superintendent shall prescribe all forms to be used in
connection with the administration of this chapter.
(g) (h) If the law enforcement agency that charges a fee under
subsection (b) is a city or town law enforcement agency, the fee shall
be deposited in the law enforcement continuing education fund
established under
IC 5-2-8-2.
SOURCE: IC 35-47-2-5; (01)MO104333.3. -->
SECTION 3.
IC 35-47-2-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) The
superintendent may suspend or revoke any license issued under this
chapter if he has reasonable grounds to believe that the person's license
should be suspended or revoked.
(b) Documented evidence that a person is not a "proper person" to
be licensed as defined by
IC 35-47-1-7
, or is prohibited under section
3(f)(4) 3(g)(4) of this chapter from being issued a license, shall be
grounds for immediate suspension or revocation of a license previously
issued under this chapter. However, if a license is suspended or
revoked based solely on an arrest under section
3(f)(4) 3(g)(4) of this
chapter, the license shall be reinstated upon the acquittal of the
defendant in that case or upon the dismissal of the charges for the
specific offense.
(c) A person who fails to promptly return his license after written
notice of suspension or revocation commits a Class A misdemeanor.
The observation of a handgun license in the possession of a person
whose license has been suspended or revoked constitutes a sufficient
basis for the arrest of that person for violation of this subsection.
(d) The superintendent shall establish rules under
IC 4-22-2
concerning the procedure for suspending or revoking a person's
license.
(Reference is to HB 1043 as printed February 22, 2001.)
________________________________________
MO104333/DI 106 2001