Introduced Version






SENATE BILL No. 97

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-31.5; IC 35-47.

Synopsis: Possession of firearms on state property. Prohibits a state agency, including a state supported college or university, from regulating the possession or transportation of firearms, ammunition, or firearm accessories: (1) on land that is; or (2) in buildings and other structures that are; owned or leased by the state. Provides for certain exceptions. Voids, as of July 1, 2013, any rules or policies enacted or undertaken by a state agency before, on, or after June 30, 2013, concerning possession or transportation of firearms, ammunition, or firearm accessories on land or in structures owned or leased by the state. Allows a person to bring an action against a state agency if the person is adversely affected by a rule, a measure, an enactment, or a policy of the state agency that violates this law.

Effective: July 1, 2013.





Banks, Tomes




    January 7, 2013, read first time and referred to Committee on Rules and Legislative Procedure.







Introduced

First Regular Session 118th General Assembly (2013)


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.
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SENATE BILL No. 97



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

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-31.5-2-9.8; (13)IN0097.1.1. -->     SECTION 1. IC 35-31.5-2-9.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9.8. "Adversely affected", for purposes of IC 35-47-16-6, has the meaning set forth in IC 35-47-16-7.
SOURCE: IC 35-31.5-2-311.2; (13)IN0097.1.2. -->     SECTION 2. IC 35-31.5-2-311.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 311.2. "State agency", for purposes of IC 35-47-16, has the meaning set forth in IC 35-47-16-2.
SOURCE: IC 35-47-1-2.5; (13)IN0097.1.3. -->     SECTION 3. IC 35-47-1-2.5, AS ADDED BY P.L.152-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2.5. "Ammunition", for purposes of IC 35-47-11.1 and IC 35-47-16, means:
        (1) fixed cartridge ammunition;
        (2) shotgun shells;
        (3) the individual components of fixed cartridge ammunition and

shotgun shells;
        (4) projectiles for muzzle loading firearms; and
        (5) any propellant used in a firearm or in firearm ammunition.

SOURCE: IC 35-47-16; (13)IN0097.1.4. -->     SECTION 4. IC 35-47-16 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 16. Possession and Transportation of Firearms on State Property
    Sec. 1. This chapter does not apply to the administration or enforcement of a:
        (1) statute enacted by the general assembly that:
            (A) specifically concerns the ownership, possession, carrying, use, discharge, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; or
            (B) sets forth the action that constitutes a crime or an infraction; or
        (2) federal law.
    Sec. 2. (a) As used in this chapter, "state agency" means an authority, a board, a branch, a bureau, a commission, a committee, a council, a department, a division, an office, an officer, a service, or any other instrumentality of the executive, judicial, or legislative branch of state government.
    (b) The term includes a state supported college or university.
    Sec. 3. Except as provided in section 5 of this chapter, a state agency may not regulate the possession or transportation of firearms, ammunition, or firearm accessories:
        (1) on land that is; or
        (2) in buildings and other structures that are;
owned or leased by the state.
    Sec. 4. Any provision of a rule, a measure, an enactment, or a policy of a state agency or of an employee or agent of a state agency acting in an official capacity:
        (1) that is enacted or undertaken before, on, or after June 30, 2013; and
        (2) that pertains to or affects the matters described in section 3 of this chapter;
is void.
    Sec. 5. Section 3 of this chapter may not be construed to prevent any of the following:
        (1) A law enforcement agency from enacting and enforcing rules or policies concerning firearms, ammunition, or firearm

accessories issued to or used by law enforcement officers in the course of the officers' official duties.
        (2) A court or an 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.
        (3) The enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in any building that contains a courtroom used by the supreme court, court of appeals, or tax court.
        (4) The enactment or enforcement of a provision prohibiting or restricting the intentional display of a firearm at a public meeting.
        (5) For an event occurring on property leased from a state agency by the promoter or organizer of the event:
            (A) the establishment, by the promoter or organizer, at the promoter's or organizer's own discretion, of rules of conduct or admission upon which attendance at or participation in the event is conditioned; or
            (B) the implementation or enforcement of rules of conduct or admission described in clause (A) by a state agency in connection with the event.
        (6) A state agency from enacting or enforcing a provision prohibiting or restricting the possession of a firearm in a building owned or administered by the state if:
            (A) metal detection devices are located at each public entrance to the building;
            (B) while the building is open to the public, each public entrance to the building is staffed by at least one (1) law enforcement officer who has been adequately trained to conduct inspections of persons entering the building by use of metal detection devices and proper physical pat down searches; and
            (C) a law enforcement officer described in clause (B) inspects:
                (i) each individual who enters the building through the public entrance when the building is open to the public; and
                (ii) each bag, package, and other container carried by an individual who enters the building.
        However, except as provided in subdivision (3) concerning a building that contains a courtroom, a state agency may not

prohibit or restrict the possession of a handgun under this subdivision in a building owned or administered by the state if the person who possesses the handgun has been issued a valid license to carry the handgun under IC 35-47-2.
    Sec. 6. Notwithstanding IC 34-13-3, a person adversely affected by a rule, a measure, an enactment, or a policy adopted or enforced by a state agency that violates this chapter may bring an action in a court against the state agency for:
        (1) declarative and injunctive relief; and
        (2) actual and consequential damages attributable to the violation.
    Sec. 7. A person is "adversely affected" for purposes of section 6 of this chapter if either of the following applies:
        (1) The person is an individual who meets all the following requirements:
            (A) The individual lawfully resides within the United States.
            (B) The individual may legally possess a firearm under Indiana law.
            (C) The individual is or was subject to the rule, measure, enactment, or policy of the state agency that is the subject of an action brought under section 6 of this chapter. An individual is or was subject to the rule, measure, enactment, or policy of the state agency if the individual is or was physically present within the jurisdiction of the state agency for any reason.
        (2) The person is a membership organization that:
            (A) includes at least two (2) individuals described in subdivision (1); and
            (B) is dedicated in whole or in part to protecting the rights of persons who possess, own, or use firearms for competitive, sporting, defensive, or other lawful purposes.
    Sec. 8. Notwithstanding IC 34-13-3, a prevailing plaintiff in an action brought under section 6 of this chapter is entitled to recover the following from the state agency:
        (1) The greater of the following:
            (A) Actual damages, including consequential damages.
            (B) Liquidated damages equal to three (3) times the plaintiff's attorney's fees.
        (2) Court costs (including fees).
        (3) Reasonable attorney's fees.