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HOUSE BILL No. 1070

Citations Affected: IC 35-47-11.

Synopsis: Local regulation of firearms. Repeals provisions that allow certain political subdivisions to adopt emergency ordinances to regulate firearms if a local disaster emergency has been declared.

Effective: July 1, 2010.

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Murphy

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    January 5, 2010, read first time and referred to Committee on Natural Resources.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

SOURCE: IC 35-47-11-1; (10)IN1070.1.1. -->     SECTION 1. IC 35-47-11-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) Section 2 of This chapter applies to all units (as defined in IC 36-1-2-23). All other sections of this chapter apply to all units other than townships.
    (b) This chapter applies only if a statute expressly grants a legislative body the authority to adopt an emergency ordinance under this chapter.
    (c) (b) This chapter does not affect the validity of an ordinance adopted before, and in effect on, January 1, 1994.

SOURCE: IC 35-47-11-2; (10)IN1070.1.2. -->     SECTION 2. IC 35-47-11-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: 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.
        (3) Notwithstanding the limitation in this section, a legislative body of a unit other than a township may adopt an emergency ordinance or a unit other than a township may take other action allowed under section 6 of this chapter to regulate the sale of firearms anywhere within the unit for a period of not more than seventy-two (72) hours after the regulatory action takes effect.
    SECTION 3. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 35-47-11-3; IC 35-47-11-4; IC 35-47-11-5; IC 35-47-11-6.