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IC 35-47-11.1-2
Political subdivision regulation of firearms, ammunition, and
firearm accessories prohibited
Sec. 2. Except as provided in section 4 of this chapter, a political
subdivision may not regulate:
(1) firearms, ammunition, and firearm accessories;
(2) the ownership, possession, carrying, transportation,
registration, transfer, and storage of firearms, ammunition, and
firearm accessories; and
(3) commerce in and taxation of firearms, firearm ammunition,
and firearm accessories.
As added by P.L.152-2011, SEC.4.
IC 35-47-11.1-3
Voidance of political subdivision ordinances, measures,
enactments, rules, policies, and exercises of proprietary authority
Sec. 3. Any provision of an ordinance, measure, enactment, rule,
or policy or exercise of proprietary authority of a political
subdivision or of an employee or agent of a political subdivision
acting in an official capacity:
(1) enacted or undertaken before, on, or after June 30, 2011;
and
(2) that pertains to or affects the matters listed in section 2 of
this chapter;
is void.
As added by P.L.152-2011, SEC.4.
IC 35-47-11.1-4
Not prohibited by chapter
Sec. 4. This chapter may not be construed to prevent any of the
following:
(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 restricting the possession of a firearm in a hospital
established and operated under IC 16-22-2 or IC 16-23.
IC 35-47-11.1-5
IC 35-47-11.1-6
requirements:
IC 35-47-11.1-7
(4) The enactment or enforcement of generally applicable
zoning or business ordinances that apply to firearms businesses
to the same degree as other similar businesses. However, a
provision of 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.
(5) The enactment or enforcement of a provision prohibiting or
restricting the possession of a firearm in any building that
contains the courtroom of a circuit, superior, city, town, or
small claims court. However, if a portion of the building is
occupied by a residential tenant or private business, any
provision restricting or prohibiting the possession of a firearm
does not apply to the portion of the building that is occupied by
the residential tenant or private business, or to common areas of
the building used by a residential tenant or private business.
(6) The enactment or enforcement of a provision prohibiting or
restricting the intentional display of a firearm at a public
meeting.
(7) The enactment or enforcement of a provision prohibiting or
restricting the possession of a firearm in a public hospital
corporation that contains a secure correctional health unit that
is staffed by a law enforcement officer twenty-four (24) hours
a day.
(8) The imposition of any restriction or condition placed on a
person participating in:
(A) a community corrections program (IC 11-12-1);
(B) a forensic diversion program (IC 11-12-3.7); or
(C) a pretrial diversion program (IC 33-39-1).
(9) The enforcement or prosecution of the offense of criminal
recklessness (IC 35-42-2-2) involving the use of a firearm.
(10) For an event occurring on property leased from a political
subdivision or municipal corporation 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 the rules of
conduct or admission described in clause (A) by a political
subdivision or municipal corporation in connection with the
event.
(11) The enactment or enforcement of a provision prohibiting
(12) A unit from using 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.
(13) A unit (as defined in IC 36-1-2-23) from enacting or
enforcing a provision prohibiting or restricting the possession
of a firearm in a building owned or administered by the unit if:
(A) metal detection devices are located at each public
entrance to the building;
(B) each public entrance to the building is staffed by at least
one (1) law enforcement officer:
(i) 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
(ii) when the building is open to the public; and
(C) each:
(i) individual who enters the building through the public
entrance when the building is open to the public; and
(ii) bag, package, and other container carried by the
individual;
is inspected by a law enforcement officer described in clause
(B).
However, except as provided in subdivision (5) concerning a
building that contains a courtroom, a unit may not prohibit or
restrict the possession of a handgun under this subdivision in a
building owned or administered by the unit if the person who
possesses the handgun has been issued a valid license to carry
the handgun under IC 35-47-2.
As added by P.L.152-2011, SEC.4. Amended by P.L.6-2012,
SEC.232.
Civil actions concerning political subdivision violations
Sec. 5. A person adversely affected by an ordinance, a measure,
an enactment, a rule, or a policy adopted or enforced by a political
subdivision that violates this chapter may file an action in a court
with competent jurisdiction against the political subdivision for:
(1) declarative and injunctive relief; and
(2) actual and consequential damages attributable to the
violation.
As added by P.L.152-2011, SEC.4.
Civil actions; adversely affected persons
Sec. 6. A person is "adversely affected" for purposes of section 5
of this chapter if either of the following applies:
(1) The person is an individual who meets all of the following
(A) The individual lawfully resides within the United States.
(B) The individual may legally possess a firearm under the
laws of Indiana.
(C) The individual is or was subject to the ordinance,
measure, enactment, rule, or policy of the political
subdivision that is the subject of an action filed under
section 5 of this chapter. An individual is or was subject to
the ordinance, measure, enactment, rule, or policy of the
political subdivision if the individual is or was physically
present within the boundaries of the political subdivision for
any reason.
(2) The person is a membership organization that:
(A) includes two (2) or more 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.
As added by P.L.152-2011, SEC.4.
Civil actions; recovery of damages, costs, and fees
Sec. 7. A prevailing plaintiff in an action under section 5 of this
chapter is entitled to recover from the political subdivision the
following:
(1) The greater of the following:
(A) Actual damages, including consequential damages.
(B) Liquidated damages of three (3) times the plaintiff's
attorney's fees.
(2) Court costs (including fees).
(3) Reasonable attorney's fees.
As added by P.L.152-2011, SEC.4.