HOUSE BILL No. 1176
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-6-3-12; IC 35-47-2; IC 35-47-2.5.
Synopsis: Handgun license renewal. Provides that the period during
which an application for the renewal of a handgun license may be filed
begins 180 days before the license expires. Allows a person to apply for
the renewal of a handgun license over the Internet or by mail if the
license has not expired and the state police department has a record of
the person's fingerprints. Authorizes the state police department to
collect a maximum $10 renewal fee, and requires that a renewal
application be granted or denied within 14 days. Repeals provisions:
(1) relating to an audit of the destruction of handgun purchase records
by the attorney general; (2) describing state police procedures in
reference to a background check request by a handgun dealer; (3)
specifying a handgun buyer's right to review and correct criminal
history information; (4) establishing a criminal penalty for obtaining
criminal history information under false pretenses; and (5) establishing
a criminal history check fee. Makes other changes and conforming
Effective: July 1, 2006.
January 12, 2006, read first time and referred to Committee on Public Safety and
Second Regular Session 114th General Assembly (2006)
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between statutes enacted by the 2005 Regular Session of the General Assembly.
HOUSE BILL No. 1176
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-47-2-3.5; (06)IN1176.1.1. -->
SECTION 1. IC 35-47-2-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 3.5. (a) A person who holds a valid license issued
under this chapter may apply for the renewal of the license over
the Internet or by mail if:
(1) the license has not expired; and
(2) the state police department has one (1) set of legible and
classifiable fingerprints from the person on file.
(b) The superintendent shall establish and maintain a secure
Internet web site for license renewal through which a person may
apply for the renewal of an existing license under this section.
(c) If the Internet web site for license renewal established under
subdivision (b) is not established as part of the computer gateway
administered by the office of technology established by
IC 4-13.1-2-1, the superintendent shall maintain a hyperlink on the
computer gateway that permits a user to connect to the Internet
web site for license renewal.
(d) The Internet web site for license renewal established under
subdivision (b) must provide a person the opportunity to print a
form for license renewal, complete the form, and submit an
application for the renewal of an existing license by mail.
(e) The superintendent may charge a fee of not more than ten
dollars ($10) for the renewal of a license issued under this chapter.
The renewal fee collected under this subsection shall be deposited
in the Internet handgun license renewal account established by
section 3.6 of this chapter.
(f) The superintendent shall renew a valid license issued under
this chapter if the person who holds the license:
(1) applies for the renewal of the license; and
(2) meets the criteria for the issuance of a license set forth in
section 3(e) of this chapter.
(g) An application for the renewal of an existing license shall be
granted or denied not later than fourteen (14) days after:
(1) the application is submitted over the Internet; or
(2) the application is received, if the application is submitted
(h) The department shall adopt rules under IC 4-22-2 to
implement this section. Rules adopted under this section must
require the superintendent to keep on file one (1) set of classifiable
and legible fingerprints from every person who has received a
license to carry a handgun so that a person who applies to renew
a license will not be required to submit an additional set of
SOURCE: IC 35-47-2-3.6; (06)IN1176.1.2. -->
SECTION 2. IC 35-47-2-3.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 3.6. (a) The Internet handgun license renewal account
is established within the state general fund for the purpose of
defraying the expenses related to operating the Internet web site
for license renewal established under section 3.5 of this chapter.
The account shall be administered by the superintendent.
(b) The expenses of administering the account shall be paid from
money in the account.
(c) The treasurer of state shall invest the money in the account
not currently needed to meet the obligations of the account in the
same manner as other public money may be invested.
(d) Money in the account at the end of a state fiscal year does
not revert to the state general fund.
SOURCE: IC 35-47-2-6; (06)IN1176.1.3. -->
SECTION 3. IC 35-47-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a)
application for any license under this chapter shall be granted or
rejected within sixty (60) days after the application is filed.
(b) The period during which an application for the renewal of
an existing license may be filed begins one hundred eighty (180)
days before the expiration of the existing license. If the application
for renewal of an existing license is filed within thirty (30) days of its
expiration, the existing license is automatically extended until the
application for renewal is passed upon.
SOURCE: IC 35-47-2.5-3; (06)IN1176.1.4. -->
SECTION 4. IC 35-47-2.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3.
any other law, a person purchasing a handgun from a dealer shall
consent in writing, on a form to be provided by the superintendent, to
have the dealer obtain criminal history information.
(b) The form shall include, in addition to the information required
by section 4 of this chapter, the same information required to be
included on the firearms transaction record required by federal
regulations administered by the Bureau of Alcohol, Tobacco, and
Firearms of the United States Department of the Treasury. However,
the form may not include any information related to the handgun.
(a) A person purchasing a handgun from a dealer shall complete
and sign Bureau of Alcohol, Tobacco, Firearms and Explosives
(c) (b) The dealer shall forward The copies a copy of the forms
shall be mailed or delivered Form 4473 signed by the purchaser to
the state police department before the last day of the month following
SOURCE: IC 35-47-2.5-4; (06)IN1176.1.5. -->
SECTION 5. IC 35-47-2.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) As used in this
section, "NICS" refers to the National Instant Criminal
Background Check System maintained by the Federal Bureau of
Investigation in accordance with the federal Brady Handgun
Violence Prevention Act (P.L.103-159).
(b) A dealer may not sell, rent, trade, or transfer from the dealer's
inventory a handgun to a person until the dealer has done all of the
(1) Obtained from the prospective purchaser
written consent to a
criminal history check, a completed and signed Form 4473 as
specified in section 3 of this chapter.
(2) Provided the state police department with the prospective
purchaser's name, birth date, gender, race, Social Security
number, and any other identification required of the prospective
(3) Requested and received criminal history information from the
state police department by means of:
(A) a telephone call; or
(B) other electronic means.
(2) Contacted NICS:
(A) by telephone; or
to request a background check on the prospective purchaser.
(3) Received authorization from NICS to transfer the
handgun to the prospective purchaser.
(c) The dealer shall record the NICS transaction number on
Form 4473 and retain Form 4473 for auditing purposes.
SOURCE: IC 35-47-2.5-12; (06)IN1176.1.6. -->
SECTION 6. IC 35-47-2.5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. A person who
knowingly or intentionally makes a materially false statement on
consent form required by Form 4473 completed and forwarded
under section 3 of this chapter commits a Class D felony.
SOURCE: IC 4-6-3-12; IC 35-47-2.5-6; IC 35-47-2.5-7; IC 35-47-
2.5-8; IC 35-47-2.5-9; IC 35-47-2.5-10; IC 35-47-2.5-11.
; (06)IN1176.1.7. -->
SECTION 7. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2006]: IC 4-6-3-12; IC 35-47-2.5-6; IC 35-47-2.5-7;
IC 35-47-2.5-8; IC 35-47-2.5-9; IC 35-47-2.5-10; IC 35-47-2.5-11.
SOURCE: ; (06)IN1176.1.8. -->
SECTION 8. [EFFECTIVE JULY 1, 2006] IC 35-47-2.5-12, as
amended by this act, applies only to crimes committed after June