New gun bills to be aware of in the legislature

[Bill of Rights]

It's almost like someone reads this forum.

Maybe we should petition Mr.Steel to add "hunting" then we can get rid of the pesky Qualified license that no one gets anyway.

Quite a few people read this forum. Some of them are in contact with legislators, and some legislators actually listen to their constituents. Kludge, I don't know if you are among those who do write to them; if so, thank you! but if not, I would wonder why not and ask that you consider writing some letters.

Blessings,
Bill

 

[tyler34]

Quite a few people read this forum. Some of them are in contact with legislators, and some legislators actually listen to their constituents.
Blessings,
Bill

so true! my aunt is a state rep(Democrat) and if you look on the bill brought about because of the herald times regarding the publishing of LTCH her name is on there as one of the people who wrote the bill ironically along with another democrat. we had a hand it that trust me so it can and does happen just FYI.

 

[Tactical Dave]

For you Greenwood area people the bellow at least a few years ago was very pro gun and if I remember right knew his class 3 stuff also. Very nice guy to talk to. Call and ask him help Sen. Steele who is also pro gun.


Senate Republicans: Sen. Brent Waltz

 

[kludge]

Quite a few people read this forum. Some of them are in contact with legislators, and some legislators actually listen to their constituents. Kludge, I don't know if you are among those who do write to them; if so, thank you! but if not, I would wonder why not and ask that you consider writing some letters.

Blessings,
Bill

I am among those who writes. And I follow up with thank you's when they vote the "right" way. I only said that because the working of the bill is uncannily close to the conversations we have here.

 

[Bill of Rights]

UPDATE:

SB 131 Introduced by Sen. Randolph would would allow owners to forbid firearms at petroleum refineries.

SB 147 Introduced by Sen. Steele would decriminalize the transport of a firearm taken to/from range or possession at a range.

SB 153 Introduced by Senators Steele and Delph would provide for the creation of lifetime hunting/fishing licenses for disabled vets at reduced cost.

SB 154 introduced by Sen. Steele would decriminalize the carry of firearms on off-road or snowmobiles

HB 1036 introduced by Rep. Reske would remove the requirement for vets and retired LEO to take hunter ed course.

Blessings,
Bill

UPDATE:

SB 291 introduced by Sen. Tomes is a "Firearms Freedom Act" as passed by a few states already, claiming immunity from Congressional oversight for firearms manufactured in Indiana from raw materials obtained in Indiana and only sold or possessed within Indiana. Note that ATF has already claimed that these are dead letter laws, but it's not been decided by any regulatory authority, such as a judge, IIRC.

SB 292 also introduced by Sen. Tomes would provide for true firearms law pre-emption. Of note, Sen. Tomes is Jim Tomes, of 2nd Amendment Patriots, for those who don't know.

Blessings,
Bill

 

[Bill B]

Thanks Bill!
I will be sending faxed letters this weekend to my senator and to the various committees as well.
Again, thanks for your time and vigilance
Bill

 

[Tactical Dave]

I e-mailed one of my State Rep's or at least one of my State Rep's a few months back and clicked on he box that said I required a reply....... never heard back........ I will remember that come voting time caugh Dan Burton caugh..... seem's Senator's care more.........

 

[jedi]

SB 292 also introduced by Sen. Tomes would provide for true firearms law pre-emption. Of note, Sen. Tomes is Jim Tomes, of 2nd Amendment Patriots, for those who don't know.

Blessings,
Bill

For the dumb like me this would mean what?
That the current ordinances in East Chicago of no "assault weapons", the City of South Bend no "hi cap mag" and the city/town of speedway "no CC" would all become invalid since current STATE law does allow for this?

 

[OS3-USN]

That would be bad... I live with 1000 yards of a gas station. I wonder if that would mean I have to move, or if im exempt.

At least gas stations would never get held up at gun point again.

 

[mk2ja]

For the dumb like me this would mean what?
That the current ordinances in East Chicago of no "assault weapons", the City of South Bend no "hi cap mag" and the city/town of speedway "no CC" would all become invalid since current STATE law does allow for this?

Yeah, I was wondering the same thing. I thought we already have pre-emption in Indiana, except that old laws were grandfathered in (like the stuff from near Chicago) and that a city could prohibit guns in buildings it owns and operates (like the Allen County War Memorial Coliseum or a city-county building).

Here's a link to SB 292
Indiana General Assembly

Reading the text of the bill, it seems like it is granting pre-emption. But that really makes me wonder, if that bill would change the IC to grant pre-emption, WTH do we have now?

 

[Bill of Rights]

We now have partial pre-emption. That is, per

IC 35-47-11
Chapter 11. Local Regulation of Firearms
IC 35-47-11-1
Applicability of chapter
Sec. 1. (a) This chapter applies to all units (as defined in IC 36-1-2-23).
(b) This chapter does not affect the validity of an ordinance adopted before, and in effect on, January 1, 1994.
As added by P.L.140-1994, SEC.13. Amended by P.L.90-2010, SEC.8.

IC 35-47-11-2
Regulation of firearms by units other than townships
Sec. 2. Notwithstanding IC 36-1-3, a unit may not regulate in any manner the ownership, possession, sale, transfer, or transportation of firearms (as defined in IC 35-47-1-5) or ammunition except as follows:
(1) This chapter does not apply to land, buildings, or other real property owned or administered by a unit, except highways (as defined in IC 8-23-1-23) or public highways (as defined in IC 8-2.1-17-14).
(2) Notwithstanding the limitation in this section, a unit may use the unit's planning 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.
As added by P.L.140-1994, SEC.13. Amended by P.L.90-2010, SEC.9.

1. Any law already in effect as of 1/1/1994 remains in effect.
2. Any "unit", i.e. county, city, town, school corporation, etc., other than a township may regulate however it sees fit, including preventing, the ownership, possession, sale, transfer, or transportation of firearms or ammunition in any building or on any land that they own or administer, other than a highway.
3. Any "unit" may prevent a business that did not sell firearms continuously since March of 1994 from doing so.

Considering that a highway is defined as:

IC 8-2.1-17-14
"Public highway"
Sec. 14. "Public highway" means a street, alley, road, highway, or thoroughfare in Indiana used by the traveling public.

that would include municipal and/or county buildings and the land around them, parks, sidewalks, footbridges, etc.

According to Sen. Tomes' bill, if enacted, local regulation of firearms in Indiana would be forbidden by law, except that:

Sec. 4. This chapter may not be construed to prevent:
(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; or
(4) the enactment or enforcement of generally applicable zoning or business ordinances that apply to firearms businesses to the same degree as other businesses. However, 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.

It's still not 100% full pre-emption, of course, but it's a big step in the correct direction. We'd still have all the laws in place that we have now in re: the carry of a firearm being forbidden by state law in public schools or on school property, property used by a school for a school function, school buses, private schools, Head Start, preschools, commercial planes, secure areas of airports, shipping ports, the state fairgrounds during state fair, and riverboat casinos.

I'm not sure what would happen in re: the prohibition at the State House and in the attached "government complex" buildings.

Oh, and the first [strike]section[/strike] chapter I quoted above, IC 35-47-11? Yeah, that would be repealed completely.

As always, all disclaimers apply: IANAL, TINLA. If any actual attorneys would like to weigh in and verify or contest my summation or give further explanation where mine is lacking, I would welcome the additional information.

Blessings,
Bill

 

[jedi]

Oh, and the first [strike]section[/strike] chapter I quoted above, IC 35-47-11? Yeah, that would be repealed completely.

As always, all disclaimers apply: IANAL, TINLA. If any actual attorneys would like to weigh in and verify or contest my summation or give further explanation where mine is lacking, I would welcome the additional information.

Blessings,
Bill

So in short the "grandfather" units laws are the ones that get the ax with this new law. That appears the ONLY thing it affects. Hum... Why are they being targeted? Don't get me wrong I do want them to do just wondering the motive?

 

[mk2ja]

We now have partial pre-emption. That is, per

[snip]

As always, all disclaimers apply: IANAL, TINLA. If any actual attorneys would like to weigh in and verify or contest my summation or give further explanation where mine is lacking, I would welcome the additional information.

Blessings,
Bill

Gotcha. Thanks for the completely non-legal advice.

 

[Bill of Rights]

So in short the "grandfather" units laws are the ones that get the ax with this new law. That appears the ONLY thing it affects. Hum... Why are they being targeted? Don't get me wrong I do want them to do just wondering the motive?

No Jedi,

As I read it, ALL the current laws in place not passed by the legislature would get the axe.
No more local regulation, ie Indy city parks, local buildings, and also, the pre-1994 laws would go away. Also, a city could not deny you a business license for a firearms business on the sole grounds that you've not had one in that location for the past 15 years continuously, as they can now do (if it's near a school).

Blessings,
Bill

 

[Protest]

That would be bad... I live with 1000 yards of a gas station. I wonder if that would mean I have to move, or if im exempt.

Who isn't within half a mile of a gas station? Most city dwellers are. These incremental changes may not upset too many people but if you add them all up, it becomes a full on gun ban.

 

[Bill of Rights]

Of note, the thing about "1000 yards from a gas station" was not from any currently-introduced bill or law, it was just conjecture on my part.

Let's please not allow this to become the
next "HB 1260" rumor-that-would-not-die.

Thanks,
Bill

 

[mk2ja]

No Jedi,

As I read it, ALL the current laws in place not passed by the legislature would get the axe.
No more local regulation, ie Indy city parks, local buildings, and also, the pre-1994 laws would go away. Also, a city could not deny you a business license for a firearms business on the sole grounds that you've not had one in that location for the past 15 years continuously, as they can now do (if it's near a school).

Blessings,
Bill

This is such a good step in the right direction that I'm having a hard time comprehending all the ramifications.

ALL current laws not passed by the Indiana General Assembly going away, and the repeal of IC 35-47-11, means that we would no longer be prohibited from carrying at the Fort Wayne City County Building.

So this sign, which is posted as you enter the building...

...would no longer be posted (or would be illegal if it was left there).


Am I dreaming? (Please don't pinch me.)

 

[jedi]

This is such a good step in the right direction that I'm having a hard time comprehending all the ramifications.

ALL current laws not passed by the Indiana General Assembly going away, and the repeal of IC 35-47-11, means that we would no longer be prohibited from carrying at the Fort Wayne City County Building.

So this sign, which is posted as you enter the building...

...would no longer be posted (or would be illegal if it was left there).


Am I dreaming? (Please don't pinch me.)

Sorry to bust your bubble but that would still be wrong EVEN if this law were to pass. You see right now there are 3 ways Indiana can have "gun free zones".

1) The Indiana Congress passes a law (ie. no guns @ schools)
2) The local governing bodies (ie. city hall) can pass an ordinance prohibiting guns on property they owe (ie. a city park)
3) The Indiana Supreme Court has the power to restrict weapons on court property and has given that power to the courts in all of Indiana. (ie. The head judge in Allen County has the power to make the court house rules as s/he sees fit right now. In the case of allen county s/he says no weapons.

So with the law BoR is showing #2 above would go away. #3 however remains. It is NOT illegal (per Indiana law) to take a firearm into an indiana court house. It is illegal because the particular Indiana court house you are walking into has set the rules of that court to be no firearms and thus you would be in contempt of court.

 

[mk2ja]

Sorry to bust your bubble but that would still be wrong EVEN if this law were to pass. You see right now there are 3 ways Indiana can have "gun free zones".

1) The Indiana Congress passes a law (ie. no guns @ schools)
2) The local governing bodies (ie. city hall) can pass an ordinance prohibiting guns on property they owe (ie. a city park)
3) The Indiana Supreme Court has the power to restrict weapons on court property and has given that power to the courts in all of Indiana. (ie. The head judge in Allen County has the power to make the court house rules as s/he sees fit right now. In the case of allen county s/he says no weapons.

So with the law BoR is showing #2 above would go away. #3 however remains. It is NOT illegal (per Indiana law) to take a firearm into an indiana court house. It is illegal because the particular Indiana court house you are walking into has set the rules of that court to be no firearms and thus you would be in contempt of court.

Sad. I've always wondered why it mentioned being in contempt of court on that sign since it is across the street from the courthouse.

Oh well, one step in the right direction is better than standing still, which is still better than steps in the wrong direction. We're on the move here in Indiana, and it's the good kind!

 

[jedi]

Sad. I've always wondered why it mentioned being in contempt of court on that sign since it is across the street from the courthouse.

Oh well, one step in the right direction is better than standing still, which is still better than steps in the wrong direction. We're on the move here in Indiana, and it's the good kind!

What I don't know is while you will be in "contempt of court" does that mean you get a felony? Or does that just mean you butt is gonna get in trouble with the judge and depending on his/her mood you may end up in jail for a while or out in front of the court house with a sign saying "I have to stand here for being in contempt of court etc...".