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.
January 7, 2013, read first time and referred to Committee on Rules and Legislative
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(4) projectiles for muzzle loading firearms; and
(5) any propellant used in a firearm or in firearm ammunition.
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.