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IC 35-47-11-1
Applicability of chapter
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) This chapter does not affect the validity of an ordinance
adopted before, and in effect on, January 1, 1994.
As added by P.L.140-1994, SEC.13.
IC 35-47-11-2
Regulation of firearms by units other than townships
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.
As added by P.L.140-1994, SEC.13.
IC 35-47-11-3
Emergency ordinances; adoption; conditions warranting
Sec. 3. The legislative body of a unit may adopt an emergency
ordinance under this chapter if:
(1) a disaster (as defined in IC 10-14-3-1) has occurred or is
likely to occur in the unit; and
(2) a local disaster emergency has been declared in the unit
under IC 10-14-3-29.
As added by P.L.140-1994, SEC.13. Amended by P.L.2-2003,
SEC.98.
IC 35-47-11-5
Emergency ordinances; effective date; expiration
Sec. 5. An emergency ordinance adopted under section 4 of this
chapter:
(1) takes effect on the date and at the time of the adoption of the
ordinance; and
(2) expires the earlier of:
(A) seventy-two (72) hours after the time of the adoption of
the ordinance; or
(B) a time specified in the emergency ordinance.
As added by P.L.140-1994, SEC.13.
IC 35-47-11-6
Restrictions on sale of firearms during emergency; declaration by
executive or presiding officer
Sec. 6. If:
(1) the conditions described under section 3 of this chapter are
present within a unit;
(2) an unsuccessful attempt is made to convene the legislative
body for the purpose of adopting an emergency ordinance under
this chapter; and
(3) in the case of a municipality, an unsuccessful attempt is
made to convene the works board to act under this chapter as if
the works board were the legislative body;
the executive of a municipality or the presiding officer of a county
executive may declare a restriction on the sale of firearms anywhere
within the unit for a period of not more than seventy-two (72) hours
after the restriction is declared. A declaration under this section has
the same effect as an ordinance adopted under section 4 of this
chapter and becomes effective and expires as provided in section 5
of this chapter.
As added by P.L.140-1994, SEC.13.