2011 Legislative session---FINALLY!

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  • Palarran

    Plinker
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    This chapter may not be construed to prevent
    ...(14) a:
    (A) city or town from 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
    (B) 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.
    As I read it, (B) is key, at least for Indianapolis. For example, MCF&G is outside the territory that comprised Indy before it became a consolidated city, and is therefore safe. The city council can only regulate shooting ranges within the old city limits.
     

    Kirk Freeman

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    Uh... I think Tomes (whom I respect) is playing a bit dramatic. At least at the public safety committee last week, he knew what was going on and assented to it - at least in public, can't know what he was doing privately.

    We have a breaking news conference from Senator Tomes detailing that he is shocked, shocked to find out what is in the bill. And now, Senator Tomes:

    http://www.youtube.com/watch?v=-Gf8NK1WAOc
     

    4sarge

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    FREEDONIA
    Todays E-mail from Jim Tomes

    SB 506 passed out of the senate and is now on its way to the Governor. This is the transport bill that will allow citizens who can lawfully own guns to transport a handgun to designated areas in their vehicle without a handgun license.

    It passed by a 43 to 4 vote. That was not an easy accomplishment either. The big bill, SB 292, is back in my lap. It needs some serious work to repair it. I'm confident there has been a great deal of wheeling and dealing behind the scenes on this.

    I will let you know what the progress will be. One thing I want everyone to keep in mind and that is if I cannot get this back in shape I will not allow it to suffer. I am not about to insult the citizens of this state by trying to lay off a pathetic piece of legislation on them and trying to make them think they got a good law.

    I need you to call the Speaker of the House and urge him to support SB 292 in its original form.

    "Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." Benjamin Franklin


    Thanks,


    Jim
    T Rex, I personally know Jim Tomes to be an honest, forthright, virtuous man and you, only from your own admissions in the Liberty Sanders Mockery of Justice Trial, Carmel Style and You are Not Jim Tomes
     

    Bill of Rights

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    Where's the bacon?
    Todays E-mail from Jim Tomes

    T Rex, I personally know Jim Tomes to be an honest, forthright, virtuous man and you, only from your own admissions in the Liberty Sanders Mockery of Justice Trial, Carmel Style and You are Not Jim Tomes

    I won't go to that extent, Sarge, but I do agree with you about Jim Tomes. He's proven his dedication to the 2A and to our rights that precede it. I don't agree with his position on everything, but I da*n sure do on 2A issues and "grandstand" he does not.

    T. Lex has PMd with me a few times and in general, I believe him to be pro-2A, but I think that his support of those rights is qualified and that he would support some limitation on the rights, even if someone has not been denied the ability to lawfully exercise those rights by due process. Jim has my full support on correcting this bill back to the form he originally drafted.

    Blessings,
    Bill
     

    Bill of Rights

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    Where's the bacon?
    We have a breaking news conference from Senator Tomes detailing that he is shocked, shocked to find out what is in the bill. And now, Senator Tomes:

    http://www.youtube.com/watch?v=-Gf8NK1WAOc

    Not so much "shocked" to find what's in it but more disgusted at the way the members of the House decided they had to screw with it to make it more palatable to small-minded anti-freedom legislators who preferred to pander to localities and units rather than support and defend the Constitutions and the rights they protect that the legislators' oath would seem to demand they do.

    Kirk, maybe I'm naive, but I don't think so. Coming down on Jim Tomes is, IMHO, uncalled-for.

    Blessings,
    Bill
     

    Roadie

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    I won't go to that extent, Sarge, but I do agree with you about Jim Tomes. He's proven his dedication to the 2A and to our rights that precede it. I don't agree with his position on everything, but I da*n sure do on 2A issues and "grandstand" he does not.

    T. Lex has PMd with me a few times and in general, I believe him to be pro-2A, but I think that his support of those rights is qualified and that he would support some limitation on the rights, even if someone has not been denied the ability to lawfully exercise those rights by due process. Jim has my full support on correcting this bill back to the form he originally drafted.

    Blessings,
    Bill

    Please don't use an asterisk to hide foul language, let teh Filter do that 4 u..k? thx bye..

    :D
     

    Bill of Rights

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    Where's the bacon?
    Please don't use an asterisk to hide foul language, let teh Filter do that 4 u..k? thx bye..

    :D


    Could be taken either as an R or an M. Either way, the filter doesn't block it. I do, by choice. If I knew the filter blocked either, I'd be specific and use the other one or would block the whole word myself. :)
     

    T.Lex

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    Whoa! :)

    I never claimed to be Jim Tomes, and, I'm pretty sure, I also stated my respect for him.

    Ya'all need to look behind the curtain a bit, though, and see how politics works. All I'm saying is Jim Tomes offered absolutely no criticism of the amendments in the public meeting, and appeared to agree with them. That's part of the reason I thought (and still think) that regulation of gun ranges bit is mistake. Ask him about whether he fought against the amendment at the committee meeting.

    I suspect he will say (appropriately) that it wasn't the time or place, that he was actively working against it behind the scenes, etc. However, to a pro-2A audience, he is going to emphasize (dramatically) his pro-2A stance.

    As for my own 2A opinions, I have very specifically kept those to myself. I am more inclined to articulate what the state of the law is, or was if we are speaking historically, than what my own opinion is. I believe the closest I've come to stating my own position is to talk about what I carry.
     

    kludge

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    Don't know what good it will do but another e-mail sent... my rep copied...

    Dear Senator Tomes,

    I am completely frustrated with the way SB292 has been amended in the House, as I am sure you are. I hope you have the chance to fix this bill!

    Although I am not your constituent, and my representatives do support this bill, I felt I should voice my concerns as the Senate and House versions might have a chance to be reconciled. Yes, I have written Rep. VanNatter and uncharacteristicly, I have received no response.

    I don't know where to start so I'll just go in order. For clarity much of the text of the bill is removed.
    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. For purposes of this chapter, "lawful discharge" means the following:
    (1) A discharge of a firearm in self-defense as provided in IC 35-41-3-2.
    (2) A discharge of a firearm in a shooting range (as defined in IC 14-22-31.5-3).
    (3) A discharge of a firearm while attending a firearms instruction course.
    (4) A discharge of a firearm in a properly zoned indoor firing range.
    (5) A discharge of a firearm in or at a conservation club whose mission includes education of safe firearms practice.
    (6) A discharge of a firearm while engaged in a legal hunting activity, unless the discharge is prohibited or restricted by zoning or a general ordinance.
    This could potentially be abused to completely eliminate shooting on all private property that is not a zoned shooting range or conservation club, even when it could be done in a perfectly safe manner. Recreational shooting on private property that is not related to hunting needs to be protected as well.

    I know several people who do shoot safely on their own land, and who invite friends and neighbors. I also know that it is, and would be, extremely difficult to obtain zoning relief for this activity. When our club was facing an issue in Hendricks County, and we asked about a possible land swap and a zoning variance, the commissioner basically said, "Yeah, that's not going to happen." I also frequent a gun store in Plainfield who was very recently denied a variance for a new shooting range on land he owns/will own in Cloverdale. As it is written in this bill, the local government might not even allow him to use his own land for personal recreation or to invite his friends.
    Sec. 5. This chapter may not be construed to prevent:
    (6) the enactment or enforcement of a provision prohibiting or restricting the intentional display of a firearm at a public meeting;
    In Sec 5(6) the word "public meeting" is particularly vague, and will invite abuse. "Public meeting" needs to be narrowly written as "the public meetings of political subdivision," otherwise any "public meeting" could come under fire.
    (14) a:
    (A) city or town from 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
    (B) 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.
    I don't even know what to say about this. It was bad enough that Indianapolis was going to get special privileges, but a last minute change included cities and towns, giving them power to effectively shut down shooting ranges, by the verbiage "prohibiting... the lawful discharge of a firearm at a shooting range". Currently my club is located just outside the town limits of Danville, and if Danville expands its borders even slightly, our club could be shut down. The current law says cities and town may "regulate" this activity within a fairly narrow scope, but this wording is of "prohibiting or restricting" is completely different and is not limited in the scope of what they can prohibit or restrict.

    So not only does SB292 allow EVERY political subdivision in Indiana prohibit recreational shooting on private property, cities and towns can now shut down all the shooting ranges too! So I'll be able to carry my gun, I just won't be able to shoot it.

    Despite your hard work this bill is toxic the way it was amended by the House. My hope is that you can salvage it!

    Thank you for your time.

    Best regards,
    Kludge

    ETA: a reply from Rep. VanNatter

    Dear Kludge,

    Thank you for writing to me again. I have enjoyed speaking with you about Senate Bill 292 this session.

    You can be certain that I do not support the number of restrictions that have been put on this bill. The only reason I voted for it was to allow the process to continue moving this year. Senator Tomes has filed a dissent against the changes made in the House, which means the bill will now go to a conference committee were two members from each house of the General Assembly will try to resolve their differences. Should Sen. Tomes not get these restrictions taken off, I have little doubt that he will simply kill this bill and try again next year. SB 292 in its current form does literally nothing to resolve the issues with gun laws in Indiana that I want to see fixed. I hope Sen. Tomes can gain the support he needs to bring this bill back to where it needs to be. His efforts have been very helpful this year and I will do what I can to help him.

    Again, I appreciate your communication on this matter. Let’s hope this all gets straightened out before April 29th. I look forward to talking with you again.

    Sincerely,
    Heath R. VanNatter
    State Representative
    District 38
     
    Last edited:

    Bill of Rights

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    The Senate half of the conference committee is assigned. I'm somewhat surprised at what I see here, though perhaps the Senate leadership decided someone else should shepherd this through the process. (Of note, Sen. Long voted FOR the Senate version of the bill)

    The Senators on the conference committee for SB 292 are:

    Brant Hershman(Chairman) and Lindel Hume
    The advisors are:
    Jim Tomes, Greg Taylor, Tim Lanane and Brent Waltz

    This could be better, but it could be worse, too.

    Brant Hershman and Lindel Hume, despite being from opposite parties, are both pretty solidly pro-gun rights.

    Brent Waltz and Jim Tomes are likewise.
    Greg Taylor and Tim Lanane both strike me as the type of person (I can't say "men") who roll on their backs and wet their panties at the first sign of danger, or indeed the very idea of men standing up for themselves physically.

    The House side has yet to be assigned. I've mailed Rep. Bosma, the Speaker, to ask that he use any influence and power he has to ensure that the original Senate version of the bill be what comes out of the committee.

    Blessings,
    Bill
     

    jedi

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    Ok so help us layperson understand what occurs now.

    You have x # of senators and y # of house rep who need to get together and iron out the text of the bill. They can add and delete from the bill? :dunno:
    Whatever they end up with they can then give to the governor to sign? Who within this group can kill the bill? Original author?

    Can they add anything they want? (ie. no gay marriages, 1000% tax hike?) I know these are crazy but just want to undertstand this part of the processes.

    How come the original author of the bill does not get to lead this? becuase he is a freshman? thanks!
     

    Bill of Rights

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    Ok so help us layperson understand what occurs now.

    You have x # of senators and y # of house rep who need to get together and iron out the text of the bill. They can add and delete from the bill? :dunno:
    Correct. Two of each, one from each major party.
    Whatever they end up with they can then give to the governor to sign?
    Correct. The Speaker of the House and the President (or President Pro Tempore) of the Senate sign off on it, too.
    Who within this group can kill the bill? Original author?
    Correct. He's the only one, as I understand it, who can outright kill the bill.
    Can they add anything they want? (ie. no gay marriages, 1000% tax hike?)
    No, I don't think so. I think whatever they add has to be relevant to the original subject of the bill.
    I know these are crazy but just want to undertstand this part of the processes.
    Not crazy at all. You learn by asking. That's how I learned it, too. :)
    How come the original author of the bill does not get to lead this? becuase he is a freshman?
    Good question. I have no answer at this time. It could also be because Sen. Hershman may have more experience in doing this and be more capable of obtaining a consensus, but any answer I offer on this is just guesswork on my part. Please take it as such.
    You're welcome! :)

    Blessings,
    Bill
     

    T.Lex

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    I think this version of the Senate rules is updated.

    C. Subject Matter
    50. No motion to amend, committee action, concurrence or conference committee action which seeks under color of amendment to substitute or insert subject matter not germane to that of the bill or resolution under consideration shall be in order.

    I think this is somewhat self-policed. Such as, if everyone agrees something needs to be done, and no one pitches a stink about it, an amendment may not be particularly 'germane' to the bill.

    Regarding conference committee members:
    81. (a) If the Senate dissents in House amendments, the first or second author may request that the President Pro Tempore appoint a conference committee, and if the House dissents in Senate amendments, the Speaker may request by the appointment of House conferees, that the President Pro Tempore appoint a conference committee.
    (b) The Senate conference committee consisting of two Senators, with the first listed Senator being the Senate Chairperson, and advisors may be appointed at any time by the President Pro Tempore.
    (c) Senate conferees may be changed or removed at any time by the President Pro Tempore.
    (d) The appointment of a conference committee and any change of conferees shall be reported by the President Pro Tempore to the Senate and posted in the information center for the Senate Committee meetings and on the Senate bulletin boards.

    There are probably seniority issues, and traditions of not having the author/main sponsor of a bill be in the conference committee. That would kinda make it less likely to get a compromise, most often.

    I believe the conference changes still need to be voted on, by roll call, in each house, but that rule may be suspendable.

    Edit: Here's hoping Speedy is one of the conferees from the House. He's a freshman, though, too, so unlikely.
     

    Bill of Rights

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    SB 154 and SB 434 have been signed by Gov. Daniels today, 4/20/11.

    SB 154 removed the prohibition on lawful carry of a firearm while on an off-road vehicle or snowmobile.

    SB 434 provides that instead of doing so every two years, FFL dealers who sell handguns may renew their state license to do so every six years. The fee remains unchanged at $10/year.

    Blessings,
    Bill
     

    Bill B

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    So, just to clarify:
    SB 154, 434, and 506 have all been signed, SB 292 is in conference.
    What am I missing?
    IMO, if 292 dies then this year is still a win.
     

    Bill of Rights

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    So, just to clarify:
    SB 154, 434, and 506 have all been signed, SB 292 is in conference.
    What am I missing?
    IMO, if 292 dies then this year is still a win.

    Close. 154, 411, and 434 have been signed. 94 is in the Governor's office and 506 will be. 292 is in conference, and yes, it's a win.

    Blessings,
    Bill
     
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    jedi

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    Close. 154, 411, and 434 have been signed. 94 is in the Governor's office and 506 will be. 292 is in conference, and yes, it's a win.

    Blessings,
    Bill

    Depends on who's point of view you look at it from. I don't think these 2 think "it's a win".

    Former+Press+Secretary+Brady+Visits+White+5OhdU8W_fpYl.jpg


    and

    5-Sarah-Brady-600.jpg


    But then again I don't think BoR cares what these 2 think. :D












    FYI for those that may not know this is James and Sarah Brady from the Brady Campaign.
     

    Bill of Rights

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    Quite correct, Jedi.

    My concern for what those two or any of their ilk think cannot even be measured in MICRO give-a-:poop:s.

    I reiterate... This is a win.

    Blessings,
    Bill
     
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