2014 Legislative session

[brotherbill3]

The House committee on Public Policy (Rep. Dermody chairing) today heard SB 229, Sen. Jim Tomes' bill to end "gun buybacks" in Indiana. Sen. Tomes spoke, as did a sheriff (I didn't catch his name), and a representative of the FWPD, as well as a representative of the Indiana Association of Cities and Towns (I think that's the right name). Each of them had some problem with the bill. The sheriff wanted to keep the ability to decide which guns to sell and which to destroy. The FWPD wanted the same. The Cities and towns guy made a claim that this bill "infringed upon home rule".
Meanwhile, there was also an argument from the ISRPA, favoring this bill.

As with 1048, they did not vote today on it. I suspect that will happen next week, but I don't know that.
Keep in mind, though, this was where 1048 fell, when a murder was committed. In short... let's keep those polite, civil letters and calls coming in. There's not much telling what legislators will do at this point. The session is almost over. Let's keep what we want at the forefront of their minds!

Blessings,
Bill

Good Summary B.o.R. ... (where you there? I sat in the back ... quietly taking notes listening) ...

Add this: the Sherriff and FW staff member (notes not handy A.T.M.) ... both indicated they were concerned about low value guns ending up being 'stockpiled' ... ones that would be sold for scrap;
also: the sheriff indicated that the ones to be destroyed - are sold - and a company takes them and does this for them. - there is $$ coming in there;

the IACT guy was just trying to stand up for allowing it due to home rule even though everyone else said it is a waste; the sheriff, the FW staff member said FW Chief thinks so too., etc. So IACT want the option of BB programs left so Mayors can waste taxpayer money. great.

Lots of discussion of New Albany Buy Back a few years ago - where $50K of a City Grant was spent on 'junk' ... meanwhile others in line were swapping, buying selling other guns in private transactions. ...

They did say the committee would meet Tuesday 2/25, though no schedule or agenda is up yet - so who knows. Spot on that this is where HB 1048 was left hanging. I am hopeful that someone will push this into the floor for a vote this session, but that remains to be seen; so for all intense purposes the HB's are all dead.

I did see that SJR 9 and SB 169 are up before the House Judiciary and House Courts and Criminal Code Committees, respectively, on Monday 2/24.

 

[Bill of Rights]

Thanks! No, I was there only via the cameras in the room; I was watching it online.

I think it's fair to say this is likely to pass. Please, though, folks, don't take that as reason to not write.

We have lots of voices here. I'd like to see those voices translate into votes and from that into good laws, repealing bad laws. It will never happen without the voices being heard, however. So you! Yes, you, there in front of the screen... Are you going to make your voice heard, or are you just going to let others make the decisions for you?

Blessings,
Bill

Good Summary B.o.R. ... (where you there? I sat in the back ... quietly taking notes listening) ...

Add this: the Sherriff and FW staff member (notes not handy A.T.M.) ... both indicated they were concerned about low value guns ending up being 'stockpiled' ... ones that would be sold for scrap;
also: the sheriff indicated that the ones to be destroyed - are sold - and a company takes them and does this for them. - there is $$ coming in there;

the IACT guy was just trying to stand up for allowing it due to home rule even though everyone else said it is a waste; the sheriff, the FW staff member said FW Chief thinks so too., etc. So IACT want the option of BB programs left so Mayors can waste taxpayer money. great.

Lots of discussion of New Albany Buy Back a few years ago - where $50K of a City Grant was spent on 'junk' ... meanwhile others in line were swapping, buying selling other guns in private transactions. ...

They did say the committee would meet Tuesday 2/25, though no schedule or agenda is up yet - so who knows. Spot on that this is where HB 1048 was left hanging. I am hopeful that someone will push this into the floor for a vote this session, but that remains to be seen; so for all intense purposes the HB's are all dead.

I did see that SJR 9 and SB 169 are up before the House Judiciary and House Courts and Criminal Code Committees, respectively, on Monday 2/24.

 

[brotherbill3]

Bump to remind folks to call or e-mail -
SB 169 is in front of the House Committee on Courts and Criminal Code today at 10:30
SJR 9 is in front of the House Judiciary Committee today at 10:30 .

 

[brotherbill3]

Brief update:
Results Preliminary (no details BoR may follow w/ some); this is what's on the IGA site so far:

House Courts and Criminal Code - PASSED SB 169 with minor (more or less grammatical) corrections vote of 8-1.
House Judiciary - PASSED SJR 9 - no changes - vote of 8-0.

TOMORROW 2/25 9 AM:
House Public Policy Committee - AGENDA includes SB 229
agenda shows - Public Testimony to AMEND SB 229 (with Language from HB 1048) - and VOTE.

if you haven't written (or done so lately) or called - DO IT NOW. LAST CHANCE.

Keep it polite, and factual ... but stress your support for SB 229 and HB 1048 - to the COMMITTEE MEMBERS.

And thank Mr. Lucas for working hard to get this pushed forward if you write to him.

 

[brotherbill3]

BTW: (Or ALERT ...
MdA-IN has put up a post to pack the state house for this hearing tomorrow. ... so if you can go. go.
and if you can't - write the committee

and if you want a sample letter - I have one that I'm sending to the committee. Ask and I'll share it.
I cannot be there; work 'beckon' and I need that J-O-B- thing ... ... ya know.

MdA-IN Facebook post:

SB 229 on gun buy back programs will be heard in committee tomorrow morning at 9am. Public testimony will be heard. Please help us pack the Statehouse! Meet us outside of Room 156B at 8:45 if you want to help us. Your presence will help!

 

[GodFearinGunTotin]

BTW: (Or ALERT ...
MdA-IN has put up a post to pack the state house for this hearing tomorrow. ... so if you can go. go.
and if you can't - write the committee

and if you want a sample letter - I have one that I'm sending to the committee. Ask and I'll share it.
I cannot be there; work 'beckon' and I need that J-O-B- thing ... ... ya know.

MdA-IN Facebook post:

Here's a link for those wonder to whom to write:

NRA-ILA | Indiana House Committee to Vote on Pro-Gun Legislation Right to Hunt and Fish Constitutional Amendment Passes House Committee

 

[Bill of Rights]

SB 229, with much of the language from HB 1048, just passed the committee! Now, on to the full House!

Moms Demand Action spoke against it, predictably, and were soundly trounced by many members of the committee. I'd personally like to thank Rep. Eberhart, Rep. Messmer, Rep Dermody, and of course, Rep. Lucas, for countering the MdA's emotion-based opposition with facts and logic, and I'd like to thank them and the rest of the committee that voted to pass the amendment and the bill.

Now... Don't let up the pressure! The rest of the House now gets to hear it, and when they pass it, the Senate will join into a conference committee to hash out differences between SB 229 as they passed it and SB 229 as the House passes it. After that, it needs a couple of signatures before it goes to Gov. Pence.

Blessings,
Bill

 

[GodFearinGunTotin]

SB 229, with much of the language from HB 1048, just passed the committee! Now, on to the full House!

I was just wondering how this was going. Good news

 

[Bill of Rights]

Here is the text of the amendment, as passed. (I *think* I got everything marked correctly. If not, the amendment is located at:

http://iga.in.gov/static-documents/c/2/c/f/c2cfc92c/SB0229.02.COMS.AMH07.pdf

Text follows:

PROPOSED AMENDMENT

SB 229 # 7
DIGEST
Proposed amendment to SB 229.
1 Page 1, between the enacting clause and line 1, begin a new
2 paragraph and insert:
3 "SECTION 1. IC 34-28-7-2, AS AMENDED BY P.L.114-2012,
4 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2014]: Sec. 2. (a) Notwithstanding any other law and except
6 as provided in subsection (b), a person may not adopt or enforce an
7 ordinance, a resolution, a policy, or a rule that:
8 (1) prohibits; or
9 (2) has the effect of prohibiting;

10 an employee of the person, including a contract employee, from
11 possessing a firearm or ammunition that is locked in the trunk of the
12 employee's vehicle, kept in the glove compartment of the employee's
13 locked vehicle, or stored out of plain sight in the employee's locked
14 vehicle.
15 (b) Subsection (a) does not prohibit the adoption or enforcement of
16 an ordinance, a resolution, a policy, or a rule that prohibits or has the
17 effect of prohibiting an employee of the person, including a contract
18 employee, from possessing a firearm or ammunition:
19 [strike](1) in or on school property, in or on property that is being used[/strike]
20 [strike]by a school for a school function, or on a school bus in violation[/strike]
21 [strike]of IC 20-33-8-16 or IC 35-47-9-2;[/strike]
22 [strike](2)[/strike](1) on the property of:
23 (A) a child caring institution;
24 (B) an emergency shelter care child caring institution;
25 (C) a private secure facility;
26 (D) a group home;
27 (E) an emergency shelter care group home; or
28 (F) a child care center;
29 in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465
AM022907/DI 107 2014
=====================================================
Page 2
1 IAC 2-11-80, 465 IAC 2-12-78, 465 IAC 2-13-77, or 470
2 IAC 3-4.7-19;
3 [strike](3)[/strike](2) on the property of a penal facility (as defined in
4 IC 35-31.5-2-232);
5 [strike](4)[/strike](3) in violation of federal law;
6 [strike](5)[/strike](4) in or on property belonging to an approved postsecondary
7 educational institution (as defined in IC 21-7-13-6(b));

8 [strike](6)[/strike](5) on the property of a domestic violence shelter;
9 [strike](7)[/strike](6) at [strike]a person's[/strike] the employer'sresidence;
10 [strike](8)[/strike](7) on the property of a person that is:
11 (A) subject to the United States Department of Homeland
12 Security's Chemical Facility Anti-Terrorism Standards issued
13 April 9, 2007; and
14 (B) licensed by the United States Nuclear Regulatory
15 Commission under Title 10 of the Code of Federal
16 Regulations;
17 [strike](9)[/strike](8) on property owned by:
18 (A) a public utility (as defined in IC 8-1-2-1) that generates
19 and transmits electric power; or
20 (B) a department of public utilities created under IC 8-1-11.1;
21 or

22 [strike](10)[/strike](9) in the employee's personal vehicle if the employee,

23 including a contract employee, is a direct support professional

24 who:

25 (A) works directly with individuals with developmental

26 disabilities to assist the individuals to become integrated into
27 the individuals' community or least restrictive environment;
28 and
29 (B) uses the employee's personal vehicle while transporting an
30 individual with developmental disabilities.
31 SECTION 2. IC 35-31.5-2-285, AS ADDED BY P.L.114-2012,
32 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2014]: Sec. 285. (a) ”School property", except as provided

34 in subsection (b),means the following:

35 (1) A building or other structure owned or rented by:

36 (A) a school corporation;

37 (B) an entity that is required to be licensed under IC 12-17.2

38 or IC 31-27;

39 (C) a private school that is not supported and maintained by

40 funds realized from the imposition of a tax on property,

AM022907/DI 107 2014
=====================================================
Page 3

1 income, or sales; or

2 (D) a federal, state, local, or nonprofit program or service

3 operated to serve, assist, or otherwise benefit children who are

4 at least three (3) years of age and not yet enrolled in

5 kindergarten, including the following:
6 (i) A Head Start program under 42 U.S.C. 9831 et seq.
7 (ii) A special education preschool program.
8 (iii) A developmental child care program for preschool
9 children.
10 (2) The grounds adjacent to and owned or rented in common with
11 a building or other structure described in subdivision (1).
12 (b) "School property", for purposes of IC 35-47-9, means a

13 building or other structure:

14 (1) owned or rented by:

15 (A) a school corporation;

16 (B) an entity that is required to be licensed under

17 IC 12-17.2 or IC 31-27;

18 (C) a private school that is not supported and maintained

19 by funds realized from the imposition of a tax on property,

20 income, or sales; or

21 (D) a federal, state, local, or nonprofit program or service

22 operated to serve, assist, or otherwise benefit children who

23 are at least three (3) years of age and not yet enrolled in

24 kindergarten, including a:

25 (i) Head Start program under 42 U.S.C. 9831 et seq.;

26 (ii) special education preschool program; or

27 (iii) developmental child care program for preschool

28 children; and

29 (2) that is being used exclusively by a school for a school

30 function.

31 The term does not include parking lots adjacent to and owned or

32 rented in common with a building or other structure described in

33 this subsection if the parking lots are used by a person who is not

34 enrolled as a student in any high school or is a high school student

35 and is a member of a shooting sports team, and the school's

36 principal has approved the person keeping a firearm concealed in

37 the person's motor vehicle on days the person is competing or

38 practicing as a member of the shooting sports team. As applied to

39 a person enrolled as a student in any high school who is not a

40 member of a shooting sports team, the term includes parking lots

AM022907/DI 107 2014

=====================================================
Page 4

1 adjacent to and owned or rented in common with a building or

2 other structure described in this subsection.".

3 Page 5, between lines 3 and 4, begin a new paragraph and insert:

4 "SECTION 5. IC 35-47-9-1, AS AMENDED BY P.L.172-2013,

5 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

6 JULY 1, 2014]: Sec. 1. This chapter does not apply to the following:

7 (1) A:

8 (A) federal;

9 (B) state; or

10 (C) local;

11 law enforcement officer.

12 (2) A person who may legally possess a firearm and who has been

13 authorized by:

14 (A) a school board (as defined by IC 20-26-9-4); or

15 (B) the body that administers a charter school established

16 under IC 20-24;

17 to carry a firearm in or on school property.

18 (3) A person who:

19 (A) may legally possess a firearm; and

20 (B) possesses the firearm in a motor vehicle that is being

21 operated [strike]by the person[/strike] to transport another person to or from

22 a school or a school function.

23 (4) A person who is a school resource officer, as defined in

24 IC 20-26-18.2-1.

25 (5) A person who:

26 (A) may legally possess a firearm; and

27 (B) possesses a firearm that is:

28 (i) locked in the trunk of the person's motor vehicle;

29 (ii) kept in the glove compartment of the person's locked

30 motor vehicle; or

31 (iii) stored out of plain sight in the person's locked motor

32 vehicle.

33 For purposes of this subdivision, a person does not include a

34 person who is enrolled as a student in any high school except

35 if the person is a high school student and is a member of a

36 shooting sports team and the school's principal has approved

37 the person keeping a firearm concealed in the person's motor

38 vehicle on the days the person is competing or practicing as a

39 member of a shooting sports team.

40 SECTION 6. IC 35-47-9-2, AS AMENDED BY P.L.172-2013,

AM022907/DI 107 2014

=====================================================
Page 5

1 SECTION 13, AND AS AMENDED BY P.L.158-2013, SECTION

2 601, IS CORRECTED AND AMENDED TO READ AS FOLLOWS

3 [EFFECTIVE JULY 1, 2014]: Sec. 2. (a) Except as provided in

4 subsection (b), a person who knowingly or intentionally possesses a

5 firearm:

6 (1) in or on school property;[strike]or[/strike][strike]

7 (2) in or on property that:

8 (A) is not school property; and

9 (B) is being used by a school for a school function; or

10 (3) (2) on a school bus;[/strike]

11 commits a [strike]Class D[/strike]Level 6 felony.

12 (b) A person who:

13 (1) may legally possess a firearm; and

14 (2) recklessly possesses a firearm that is left in a motor vehicle

15 in plain view and is not:

16 (A) locked in the trunk of the person's motor vehicle;

17 (B) kept in the glove compartment of the person's locked

18 motor vehicle; or

19 (C) stored out of plain sight in the person's locked motor

20 vehicle;

21 commits a Class A misdemeanor.".

22 Renumber all SECTIONS consecutively.

(Reference is to SB 229 as printed January 24, 2014.)

 

[Bill of Rights]

Here's the explanation of this amendment:

Strikeout on P1, line 19-22: Removes k-12 schools from the "parking lot bill" exceptions

Strikeout on P2, line 9: Specifies that the parking lot bill exception applies not to *any* person's residence, only to the employer's

Boldface, end of P2 and through P3 and beginning of P4: Defines what "School property" is. Specifies the building, excludes land surrounding, including parking lots.

Strikeout, P4, line 21: removes the requirement that the person carrying is the operator of the vehicle.

Boldface, P4, line 25-39: Specifically permits the placement of a firearm out of sight, in the locked vehicle. Makes statutory exemption for members of a school shooting team, if authorized by their principal.

Strikeout, P5, lines 8-10: removes "property being used by a school for a school function", and school buses from the felony charge.

Boldface, remainder of P5: Specifies a Class A misdemeanor penalty for storing a firearm in the vehicle in visible sight or in an unlocked vehicle.

Other strikeouts and bolds are only for consecutive renumbering.

Any questions, please ask! I think I got everything, but not sure.

Also, just a side note: Rep. Dermody added an amendment that allows for "buybacks" if no public funds are spent to carry them out. It also allows for LEAs to use the firearms they confiscate, if they have use for them. While this goes against Sen. Tomes' intentions, and I don't know the reason for it, I am sure there was some reason to include this.

Blessings,
Bill

 

[mshogren]

Thanks for the updates, Bill and Bill!

Mark

 

[rockhopper46038]

Good news! Calls to my reps will be made shortly.

 

[87iroc]

I will try to remember to write everyone I can think of tonight.

 

[A 7.62 Exodus]

SB 229, with much of the language from HB 1048, just passed the committee! Now, on to the full House!

Moms Demand Action spoke against it, predictably, and were soundly trounced by many members of the committee. I'd personally like to thank Rep. Eberhart, Rep. Messmer, Rep Dermody, and of course, Rep. Lucas, for countering the MdA's emotion-based opposition with facts and logic, and I'd like to thank them and the rest of the committee that voted to pass the amendment and the bill.

Now... Don't let up the pressure! The rest of the House now gets to hear it, and when they pass it, the Senate will join into a conference committee to hash out differences between SB 229 as they passed it and SB 229 as the House passes it. After that, it needs a couple of signatures before it goes to Gov. Pence.

Blessings,
Bill

Bill, is there any way I can watch this session somewhere online even though its over? Rep. Eberhart delegates my district, and was one of the people I wrote to. I would LOVE to hear for myself what was discussed and said to MDA today.

 

[firecadet613]

Thanks for the update. Just wrote my reps.

 

[rockhopper46038]

Wow. Interesting phone call. I called to speak with both my Representative and my Senator and was surprised that the switchboard operator said that she could either take my comments and pass them along or she could connect me through to the office I was looking for in order to leave a message. I thought, why not? I'll leave my message with her. So I told her I was in favor of SB229 and in particular of Amendment #7, and she asked me what they were. When I told her about Amendment #7 she proceeded to inform me that "there was a procedure so that if a person with an LTCH were on school property, they wouldn't be charged with breaking the existing law". I wanted my support for the Bill to be passed along so I didn't argue with her, but I'm thinking I will call back again later and ask to be directed through to the offices of the legislators themselves.

 

[brotherbill3]

Thanks BoR ... Did you happen to listen? ... I was able to listen today but The I had to run out of the office for work

 

[SteveM4A1]

(a) does not prohibit the adoption or enforcement of
16 an ordinance, a resolution, a policy, or a rule that prohibits or has the
17 effect of prohibiting an employee of the person, including a contract
18 employee, from possessing a firearm or ammunition:
6 (5)(4) in or on property belonging to an approved postsecondary
7 educational institution (as defined in IC 21-7-13-6(b));

I personally don't like that part.

 

[Bill of Rights]

None of us do, but one step at a time.

(a) does not prohibit the adoption or enforcement of
16 an ordinance, a resolution, a policy, or a rule that prohibits or has the
17 effect of prohibiting an employee of the person, including a contract
18 employee, from possessing a firearm or ammunition:
6 (5)(4) in or on property belonging to an approved postsecondary
7 educational institution (as defined in IC 21-7-13-6(b));

I personally don't like that part.

 

[Bill of Rights]

If there is a way to watch committee hearings after the fact, I don't know about it. You might write Rep. Eberhart and ask him. If you do find a way, please let me know.

FYI, there was a news camera in the room also, so maybe it will be broadcast.

Bill, is there any way I can watch this session somewhere online even though its over? Rep. Eberhart delegates my district, and was one of the people I wrote to. I would LOVE to hear for myself what was discussed and said to MDA today.