The Senate Judiciary Committee heard HB 1077 on firearms matters sponsored by Sens. Koch and Tomes. The author, Rep. Smaltz, introduced the bill which repeals the law that requires a person to obtain a license to carry a handgun in Indiana. The bill specifies that certain persons, who are not otherwise prohibited from carrying or possessing a handgun, are not required to obtain or possess a license or permit from the state to carry a handgun in Indiana. The bill prohibits certain individuals from knowingly or intentionally carrying a handgun. The bill creates the crime of “unlawful carrying of a handgun” and specifies the penalties for committing this crime. The bill allows individuals who do not meet the requirements to receive a handgun license and are not otherwise prohibited to carry a handgun in limited places. The bill makes theft of a firearm a Level 5 felony. The bill also removes jurisdiction from the juvenile court over an individual for an alleged violation of Ind. Code § 35-47-2-1.5 (unlawful carrying of handgun), if charged as a felony.
The bill was amended by a 6-5 vote. The amendment:
- removes provisions in the bill that: (1) repeal the law that requires a person to obtain a license to carry a handgun in Indiana; (2) specify that certain persons who are not otherwise prohibited from carrying or possessing a handgun are not required to obtain or possess a license or permit from the state to carry a handgun in Indiana; (3) prohibit certain individuals from knowingly or intentionally carrying a handgun; (4) create the crime of “unlawful carrying of a handgun” and specify the penalties for committing this crime; (5) allow particular individuals who do not meet the requirements to receive a handgun license and are not otherwise prohibited to carry a handgun in limited places; (6) allow a resident of Indiana to obtain in certain circumstances a license to carry a handgun in Indiana; (7) make theft of a firearm a Level 5 felony
- defines the term “Indiana resident” and modifies the definitions of “alcohol abuser”, “drug abuser”, and “proper person”
- repeals a provision that prohibits a person convicted of domestic battery from possessing or carrying a handgun
- allows a person who has applied for a license to carry a handgun and meets certain requirements to carry a handgun without a license for a provisional period ending 90 days after the submission of the application
- provides that a person who is not a proper person and possesses a handgun commits unlawful carrying of a handgun, a Level 5 felony.
- provides that an applicant who makes a materially false statement on a request to carry a handgun for a provisional period commits a class A misdemeanor
- modifies the procedure for applying for a license to carry a handgun by specifying that a person desiring to obtain a license to carry a handgun shall submit an application electronically to the superintendent of the state police department.
- repeals a provision that allows in certain circumstances a resident of another state to apply for a license to carry a handgun
- requires an applicant to appear before certain individuals for the purpose of being fingerprinted. Repeals provisions concerning: (1) qualified licenses; (2) unlimited licenses; and (3) five-year licenses
- repeals provisions concerning the payment of fees for certain licenses.
- repeals a provision concerning the renewal of an existing license.
- allows a resident of another state to carry a handgun in Indiana with a valid reciprocity license under certain circumstances.
The Indiana Attorney General’s Office, Attorney Guy Relford, Hoosier Gun Rights., National Association for Guns Rights, National Rifle Association, Firearms Policy Coalition, Indiana Rifle Association, several law enforcement officers, and several citizens testified in support of the bill. The Indiana State Police, Moms Demand Action, Indiana Catholic Conference, Hoosiers Concerned About Gun Violence, IU Law Professor Jody Madeira, Indiana Association of Chiefs of Police, Everytown for Gun Safety, Indiana State Fraternal Order of Police, Indiana Prosecuting Attorneys Council, a Marion County Public Defender, the Indiana State Police Superintendent, several law enforcement officers, and several citizens testified in opposition. The Indiana Public Defender Council testified but remained neutral.
The amended bill passed 11-0
Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1077