2011 Legislative session---FINALLY!

[T.Lex]

[Edit: this is for BoR - I was getting ninja'd by Sarge!]

I haven't researched (yet) that part about April 1, 1994, but I believe it was necessary as part of the original AWB. I think it is appropriate to read it as an exception to the general powers of planning and zoning, basically like a grandfathering clause.

That is, a political subdivision can zone firearms businesses just as any other business, except for the sale/transfer of firearms for businesses that were in that business before 4/1/94.

I think.

Edit 2:
Upon further incubation, it looks like the LTCH exception only applies to the metal-detector exception. Which, kinda dilutes the use of the metal detectors, since it would likely be a crime to carry to a public building without a license anyway....

 

[Bill of Rights]

[Edit: this is for BoR - I was getting ninja'd by Sarge!]

I haven't researched (yet) that part about April 1, 1994, but I believe it was necessary as part of the original AWB. I think it is appropriate to read it as an exception to the general powers of planning and zoning, basically like a grandfathering clause.

That is, a political subdivision can zone firearms businesses just as any other business, except for the sale/transfer of firearms for businesses that were in that business before 4/1/94.

I think.

Edit 2:
Upon further incubation, it looks like the LTCH exception only applies to the metal-detector exception. Which, kinda dilutes the use of the metal detectors, since it would likely be a crime to carry to a public building without a license anyway....

Thanks for the read on it. The question I had was that the two sections of the same chapter of the law contradict each other. The AWB is defunct. There's no reason to keep it. The purpose of the specific line in Jim Tomes' original bill was to categorically remove that section, and the House, at the committee meeting you attended (House committee on Public Policy) added the exception back in.

As for the metal detector exception... If you read the letter of the law, it ONLY excepts members of the public who hold a license issued under 35-47-2, which is to say it does NOT except those who are exempted from the need for a LTCH issued under that chapter. So technically speaking, a LEO or judge entering through a public entrance will have to be screened just like us commoners. I'd laugh, but I know full well that it will not be enforced that way. That the LTCH exception applies only to the metal-detector exception is actually appropriate: The metal detector is being used to determine that only those who are carrying legally are carrying there. If we accept (and I don't) that the existence of permits and licenses to exercise a natural right is appropriate or that publicly owned buildings may restrict the exercise of those rights at all, then the use of metal detectors to assure that the good people are the only ones present carrying fits into that twisted logic.

Blessings,
Bill

 

[Paco Bedejo]

Holy crap! How'd I miss this one? You know you're working too much OT when...

Thank you to all who wrote their representatives in support of these bills while I had my head in my work. SB292 is exactly what I wanted & I wasn't even aware it existed until a buddy told me about it Saturday.

Since I wasn't involved on the front end, I've contacted my State Rep to thank him for his involvement.

Rep. Morris,

Thank you so much for your support of & votes on SB292 & SB506! I'm excited that, barring an unlikely veto, I'll now be permitted, as a LTCH holder, to attend events at the Fort Wayne parks I'm forced to fund. I'm proud to call you my representative & look forward to further legislation which supports our natural rights of self & community defense.

Sincerely,
<Paco>

Unfortunately, my State Senator, Tom Wyss, is a well-rounded POS & I knew he voted against them even before I looked. Thoughts on the best way to "reprimand" him for working to tread on me every chance he gets?

Again, thanks to all of you for your involvement in permitting me to use my city's parks.

 

[phatgemi]

Did SB 292 get the required signatures and was it sent to Gov Daniels? Just wanting to follow progress....Everything seems to have gotten quiet.

 

[Kirk Freeman]

Signatures?

When you say "signatures" do you mean votes?

 

[bwframe]

Please pardon my ignorance, but does 292 clear up the issues concerning local ordinance bans in parks hiking/biking trails, etc?

 

[Bill of Rights]

Did SB 292 get the required signatures and was it sent to Gov Daniels? Just wanting to follow progress....Everything seems to have gotten quiet.

Signatures?

When you say "signatures" do you mean votes?

No, Kirk, I think he means the signatures of Rep. Bosma, Sen. Long, and/or Lt.Gov. Skillman, then of Gov. Daniels. SEA 506 has all but the Governor's signature. SEA 292 has not yet gotten any signatures, according to the home page of the Legislature.

Please pardon my ignorance, but does 292 clear up the issues concerning local ordinance bans in parks hiking/biking trails, etc?

Yes, it does.

I've just this morning written to Rep. Bosma and to Gov. Daniels as well, inquiring as to the status of those bills. Will post if I get replies.

Blessings,
Bill

 

[phatgemi]

No, Kirk, I think he means the signatures of Rep. Bosma, Sen. Long, and/or Lt.Gov. Skillman, then of Gov. Daniels. SEA 506 has all but the Governor's signature. SEA 292 has not yet gotten any signatures, according to the home page of the Legislature.



Yes, it does.

I've just this morning written to Rep. Bosma and to Gov. Daniels as well, inquiring as to the status of those bills. Will post if I get replies.

Blessings,
Bill

Yes you were entirely correct.....I was talking about those exact signatures.

 

[Bill of Rights]

Cool, phatgemi, glad I could help!

In other news, SEA 506 is in the Governor's office today.

 

[4sarge]

From Jim Tomes:

Pertinacious, holding firmly to some purpose, belief, or action, often stubbornly or obstinately, hard to get rid of; unyielding; persistent. That’s a good word. It might describe events that took place in my first session as a freshman Indiana state senator.

I had hoped to just observe the process on my first term, but was encouraged to introduce some bills. So I did. Indiana is a very gun friendly state, but there can always be improvement. I introduced two bills; SB 292, which is a preemption measure which not only will prohibit local units of government from enacting any gun laws that are outside of state law, but will remove all those that already exist. The other was SB 506 which will provide for citizens that do not have a handgun carry license to transport a handgun in their vehicle to designated places.

Though SB 292 was filed first, SB 506 was the first to get passed. It was a significant piece of legislation and probably would have received more resistance that what it did had it not been for the former.

The following is the course that SB 292 endured through the legislative process. First it starts out as an idea; one that I felt was long overdue. The idea is presented to what is called LSA, (Legislative Services Agency). This is a non partisan body of attorneys that put an idea into a form of a bill.

The bill was then filed in the clerk’s office. The senate leadership then decides if the bill merits a hearing called a first reading, if so it will be assigned a committee hearing. In this case the bill was assigned to a committee that I was a member.

This is referred to as a “hearing” at which public testimony is accepted. I presented the bill and those who oppose or support the bill may speak on it. Then a vote is taken, if it passes, which in this case it did, it will move to its second reading in front of the full senate. At this point there is much debate and dialog. This is where the author of the bill must explain the purpose of the bill and be able to counter all of the opposition from senate members who hope to defeat the bill or amend it.

There were no amendments added to the bill in the second reading and it was then scheduled for a third reading where the author explains the bill briefly and it still can be debated but no changes can be made generally and is then put up for a roll call vote. The bill passed 38 to 12 out of the Senate and then it heads for the House and starts the whole process all over again.

A state representative who is willing to sponsor the bill on the House side will take it from there. In this case the bill received a lot of amendments. By this time SB 292 had received a lot of media attention as well as opposition from several groups who did not want this bill to pass. I even got called by Alan Colmes from New York and interviewed by the New York Times. This bill became very controversial. It’s noteworthy to note that there was much support for the bill as well including some teacher’s organization that sent e-mails to legislators asking them to support SB 292 in its original form.

When the bill came back to me from the House with all those amendments I dissented on it because there was no way I would shove that off onto the citizens.

The bill then was assigned to a conference committee where it once again was open for public testimony. Afterwards the changes are worked out. The bill was put into its original form with one exception. Then the bill is sent to a rules committee and this was on the final day of the session with just hours before the end of session also called sine die. Once again I had to bring the bill before the Senate for one last time and explain the bill and what changes it may have received. Again it is open for debate and those in the senate who oppose it have one last chance to kill the bill. Another roll call vote is made and in this case it passed 40 to 10.

The bill is now passed over to the House for a final vote. The hope is that it will make it before the clock runs out. SB 292 passed the House 70 to 24. As I write this letter I am hoping that the bill will be signed by the Governor.

The lesson in all this is that gun owners must be persistent and never submit to those negative comments that “nothing can be done” or “it will never happen.”

I never once was willing to back down on what I knew was the right thing to do.


Jim

 

[Stschil]

I got the letter from NRA

to the Honorable Jim Tomes for introducing this and NOT backing down.

Indiana’s “Firearm Preemption Reform” Bill


Will Soon be Sent to the Governor!​

As the final day of Indiana’s 2011 legislative session concluded, the state House and Senate voted to give final passage to Senate Bill 292, NRA’s top legislative priority in Indiana this year. SB 292, the “Firearm Preemption Reform” bill, achieved an overwhelming concurrence vote in both the Senate and House, and will soon be sent to [COLOR= ]Governor Mitch Daniels’ desk for his consideration.[/COLOR]

The “Firearm Preemption Reform” bill traveled a long and difficult road to reach final passage. SB 292 faced constant attack from the media, anti-gun opponents, some Indiana mayors and even Jim Irsay, the owner of the Indianapolis Colts. The attacks were based on false information, spread to scare the public and legislators from supporting legislation that protects law-abiding gun owners from the confusing patchwork of city ordinances across Indiana.

SB 292 passed in the [COLOR= ]Senate Committee on Corrections, Criminal and Civil Matters by a unanimous 10 to 0 vote on January 27, but was stalled for its second reading on the Senate floor until February 10. After two and a half weeks of delay over fictitious media-fed concerns, the Senate gave final passage to SB 292 on February 14 with an overwhelming, 38 to 12 vote.[/COLOR]

Shortly after passing the Senate, the [COLOR= ]Indiana House of Representatives shut down for five weeks. During this time, the attacks continued on lawful gun owners and the bill’s authors and sponsors. As they always do, anti-gun opponents pulled the same tired trick out of their failed playbook, making shrill predictions of violence and a return to the “wild, wild west” by honest citizens running errands at municipal buildings, taking their children to libraries, attending public hearings or enjoying a city park.[/COLOR]

Your NRA worked continually with the bill authors and sponsors and communicated the facts of this bill with House leadership and other representatives. NRA members repeatedly contacted state Senators and Representatives in support of this bill, in an effort to overcome these misguided and deceptive messages. When the state House came back into session, SB 292 was assigned to the House Public Policy Committee. After more delays over concerns and confusion about the bill, SB 292 passed out of committee on April 13. On April 15, the bill passed on the House floor by a 77 to 21 vote.

Due to some weakening amendments added on its second reading in the House, the bill’s author, state Senator Jim Tomes (R-49), rejected the changes, sending SB 292 to a conference committee on April 19. During the conference committee hearing, more opponents gave public testimony, requesting more exemptions to further weaken the bill.

Although there was some unnecessary delay due to more last-minute ‘concerns’ by opposing groups, the conference committee successfully rolled back amendments that would have weakened SB 292 and re-drafted a committee report for a strong version of the Preemption bill. On April 29, the final day of session, SB 292 was signed by all four conference committee members and passed in the Senate by a 40 to10 vote and in the House by a 70 to 24 vote.

The NRA would like to thank the authors and sponsors of SB 292, who worked from its introduction through its final passage in the General Assembly: state Senators Jim Tomes (R-49), Brent Steele (R-44) and Brent Waltz (R-36) and state Representatives Mike Speedy (R-90), Sean Eberhart (R-57) and Jerry Torr (R-39).

SB 292 now heads to Governor Mitch Daniels’ desk for his consideration. NRA members should contact Governor Daniels, respectfully urging his support to strengthen Indiana’s firearm preemption law.

To contact Governor Daniels, please click here and then click the contact link in the middle of the page.

NRA Member communications had a big impact on how elected officials voted on firearm-related legislation. Please take a moment to check the roll call votes below for SB 292, and send your state Representative and state Senator a note of thanks:

Indiana House of Representatives SB 292 Roll Call 730, 4/29: www.in.gov/legislative/bills/2011/PDF/Hrollcal/0730.PDF.pdf

Indiana Senate SB 292 Roll Call 513, 4/29:
www.in.gov/legislative/bills/2011/PDF/Srollcal/0513.PDF.pdf

Contact information for your state legislators can be foundhere.

 

[jedi]

Indiana House of Representatives SB 292 Roll Call 730, 4/29: www.in.gov/legislative/bills/2011/PDF/Hrollcal/0730.PDF.pdf

Indiana Senate SB 292 Roll Call 513, 4/29:
www.in.gov/legislative/bills/2011/PDF/Srollcal/0513.PDF.pdf

Even at the very end my senator voted NO for 292. So in all I think he voted NO 3 times for this bill as well as NO on 506 and several other gun bills.

RANDOPLH is my senator BTW.

 

[Quad]

Done

Indiana’s “Firearm Preemption Reform” Bill


Will Soon be Sent to the Governor!

​

SB 292, the “Firearm Preemption Reform” bill, achieved an overwhelming concurrence vote in both the Senate and House, and will soon be sent to [COLOR= ]Governor Mitch Daniels’ desk for his consideration. To contact Governor Daniels, please click here and then click the contact link in the middle of the page.

Mr. Mitch Daniels, Governor of Indiana

I thank you for your support of the conservative interests of the great state of Indiana!

I strongly urge you to please sign SEA 292 when it reaches your desk. As a responsible law abiding citizen of Indiana with a lifetime license to carry a handgun, this bill goes far to clear up the unnecessary hurdles that local municipalities place on law abiding citizens that wish to lawfully protect themselves and the lives of their loved ones.

As a strong supporter of the second amendment, I appreciate the fact that you will give this the proper consideration.

Respectfully yours,

Michael ******

 

[Stschil]

Even at the very end my senator voted NO for 292. So in all I think he voted NO 3 times for this bill as well as NO on 506 and several other gun bills.

RANDOPLH is my senator BTW.

Please take a moment to check the roll call votes below for SB 292, and send your state Representative and state Senator a note of thanks:

Indiana House of Representatives SB 292 Roll Call 730, 4/29: www.in.gov/legislative/bills/2011/PDF/Hrollcal/0730.PDF.pdf

Indiana Senate SB 292 Roll Call 513, 4/29:
www.in.gov/legislative/bills/2011/PDF/Srollcal/0513.PDF.pdf

Contact information for your state legislators can be foundhere.

Just make sure you send him a note of Thanks(?)......All in purple, of course.

 

[phatgemi]

I sent Gov Daniels an email urging that he sign and thanking him for his support of the second amendment.

More of you should do the same.......

 

[Paco Bedejo]

I sent Gov Daniels an email urging that he sign and thanking him for his support of the second amendment.

More of you should do the same.......

Don't forget Article 1, Section 32 of the Indiana Constitution, "The people shall have a right to bear arms, for the defense of themselves and the State." That's the one he has sworn to uphold. What you have to do is tie it into the fact our taxes are used to fund public facilities which we're potentially excluded from by municipal ordinances.

 

[Jack Burton]

From Jim Tomes:

Pertinacious, holding firmly to some purpose, belief, or action, often stubbornly or obstinately, hard to get rid of; unyielding; persistent. That’s a good word. It might describe events that took place in my first session as a freshman Indiana state senator.

I had hoped to just observe the process on my first term, but was encouraged to introduce some bills. So I did. Indiana is a very gun friendly state, but there can always be improvement. I introduced two bills; SB 292, which is a preemption measure which not only will prohibit local units of government from enacting any gun laws that are outside of state law, but will remove all those that already exist. The other was SB 506 which will provide for citizens that do not have a handgun carry license to transport a handgun in their vehicle to designated places.

Though SB 292 was filed first, SB 506 was the first to get passed. It was a significant piece of legislation and probably would have received more resistance that what it did had it not been for the former.

The following is the course that SB 292 endured through the legislative process. First it starts out as an idea; one that I felt was long overdue. The idea is presented to what is called LSA, (Legislative Services Agency). This is a non partisan body of attorneys that put an idea into a form of a bill.

The bill was then filed in the clerk’s office. The senate leadership then decides if the bill merits a hearing called a first reading, if so it will be assigned a committee hearing. In this case the bill was assigned to a committee that I was a member.

This is referred to as a “hearing” at which public testimony is accepted. I presented the bill and those who oppose or support the bill may speak on it. Then a vote is taken, if it passes, which in this case it did, it will move to its second reading in front of the full senate. At this point there is much debate and dialog. This is where the author of the bill must explain the purpose of the bill and be able to counter all of the opposition from senate members who hope to defeat the bill or amend it.

There were no amendments added to the bill in the second reading and it was then scheduled for a third reading where the author explains the bill briefly and it still can be debated but no changes can be made generally and is then put up for a roll call vote. The bill passed 38 to 12 out of the Senate and then it heads for the House and starts the whole process all over again.

A state representative who is willing to sponsor the bill on the House side will take it from there. In this case the bill received a lot of amendments. By this time SB 292 had received a lot of media attention as well as opposition from several groups who did not want this bill to pass. I even got called by Alan Colmes from New York and interviewed by the New York Times. This bill became very controversial. It’s noteworthy to note that there was much support for the bill as well including some teacher’s organization that sent e-mails to legislators asking them to support SB 292 in its original form.

When the bill came back to me from the House with all those amendments I dissented on it because there was no way I would shove that off onto the citizens.

The bill then was assigned to a conference committee where it once again was open for public testimony. Afterwards the changes are worked out. The bill was put into its original form with one exception. Then the bill is sent to a rules committee and this was on the final day of the session with just hours before the end of session also called sine die. Once again I had to bring the bill before the Senate for one last time and explain the bill and what changes it may have received. Again it is open for debate and those in the senate who oppose it have one last chance to kill the bill. Another roll call vote is made and in this case it passed 40 to 10.

The bill is now passed over to the House for a final vote. The hope is that it will make it before the clock runs out. SB 292 passed the House 70 to 24. As I write this letter I am hoping that the bill will be signed by the Governor.

The lesson in all this is that gun owners must be persistent and never submit to those negative comments that “nothing can be done” or “it will never happen.”

I never once was willing to back down on what I knew was the right thing to do.


Jim

I don't want to take undue credit here but I sent this email letter to Sen. Tomes on Dec 23, a few days after he took his office...

Tom... we are very happy that you got elected.

Can Indiana finally get rid of the law requiring a license to carry ahandgun just to transport a handgun in a car for any reason -- even ifit is unloaded and in the trunk.

Indiana is great for gun laws but as it stands now I cannot legally-- under ANY conditions -- take a new pistol over to my son's home toshow it to him unless I have a LTC. I cannot take it to the range topractice with it, or take it to a motel room across the state forprotection at night.

The DNR ranges use that law to demand that shooters have a LTC beforethey can even shoot a pistol at a DNR range that their taxes paid for.And here at Willow Slough DNR they will not let any pistol shootersfrom Illinois use the range because they do not have a "required"Indinana LTC.

It seems this would be an easy fix. We are not asking for unlimited"car carry." Just the ability to move the handgun from place to placewithout having a LTC.

I got this reply on Jan 6 from his chief of staff...

Senator Tomes is in receipt of your email. He certainly agrees with your position and will be filing a bill to address this issue. Attached please find the version of the bill that will be introduced. Although this is a copy of the preliminary draft, the language will be identical to the introduced bill—the bill just has not been prepared in an official bill packet yet.

Yes, it pays to write to those that make and pass our laws.

 

[Bill of Rights]

SEA 292 has been signed by Rep. Bosma and Sen Long.

Edit: Where we stand now:

SB 94------- Law Enacted.
SB 154 ----- Law Enacted.
SB 292 ----- Awaiting signature of the President of the Senate (Lt. Gov. Skillman), then on to Gov. Daniels.
SB 411 ----- Law Enacted.
SB 434 ----- Law Enacted.
SB 506 ----- In Governor's office for signature.

 

[Bill of Rights]

Lt. Gov. Skillman has signed it!

Where we stand now:

SB 94------- Law Enacted.
SB 154 ----- Law Enacted.
SB 292 ----- [STRIKE]Awaiting signature of[/STRIKE] SIGNED! by the President of the Senate (Lt. Gov. Skillman). Now on to Gov. Daniels.
SB 411 ----- Law Enacted.
SB 434 ----- Law Enacted.
SB 506 ----- In Governor's office for signature.

 

[mrortega]

I've been having fun reading all the cry baby letters in our local paper about 292. It irked me a few years ago when Evansville/Vanderburg put metal detectors in the civic center but let employees get passes and walk right by. Now they have to deal with us peasants having some rights.

(This may be a little off topic for this forum but I'm extremely proud to be a Hoosier now with our great legislature and governor sticking it to the gun grabbers, beauracratic elites, privileged teachers, Planned Parenthood and their ilk. I couldn't ask for more. My man Mitch.)