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Indiana Carry Freedom

  1. Lex Concord
    Lex Concord
    With the Indiana statehouse tilting hard to the right, it seems like a good time to start working our reps and senators to introduce legislation to repeal the requirement of a LTCH to legally carry.

    Some things that have been suggested so far are as follow:

    - Petitions in gun stores
    - Letters to legislators
    - Draft legislation

    All great...please post any others you may have (or those I might have missed in the thread that inspired me to create the group) here and let's discuss them constructively along with suggestions on how and when to start working with those elected to serve us.

    Also, if you have any talents that might help further this goal, feel free to post them or PM them if you're shy
  2. ATF Consumer
    Very proud to be a part of this.
  3. Bill of Rights
    Bill of Rights
    Good idea, Lex!

    OK... When writing to your legislators, think of them as being about 12 years old, marginally intelligent, and with short attention spans... Use small words, short sentences, and perhaps a paragraph or so total. Exceptions would be for such folks as Sen. Nugent, (new) Sen. Tomes, and maybe a couple of others. Note, however, that those guys don't need all the explanations, they already know them. If you have new information for them, such as in my note to Sen. Nugent re: Texas' Capitol, allude to it and tell them that if they want more, you'll be happy to send it.

    Also: A personal visit with them carries the most weight. Next would be a handwritten letter (yes, pen and ink, not printed off your computer.)
    The thing that carries the least weight with them are emails; the longer it took you to put this thing together for them, the more important it is to you, and that's a guide for them to figure out how much importance to give it in their daily schedule.

    Let's also remember that we didn't lose all these things we want in a single day, we will not likely get all of them back in one session of the legislature. Lots of small bites are better than one big one.

    This should be a good guide to start with.

    Blessings,
    Bill
  4. E5RANGER375
    Thanks for the invite buddy! Great ideas.
  5. SSGSAD
    SSGSAD
    I'm in, great idea !!!!!
  6. SavageEagle
    SavageEagle
    I like it!

    On a side note, there needs to be a way to get notification if there's a new message posted in these groups. Otherwise some of us (meaning me ) might forget to check in here.
  7. Bill of Rights
    Bill of Rights
    OK.. I modified the bill that Sen. Nugent introduced in 2008. Go take care of any personal business you need to and get a cup of coffee, this is gonna take some reading. Please consider this a first draft and feel free to pick it apart for details. I used color=gray tags since I can't use strike tags in social groups, so those will need changed back before we submit it. I tried to balance the irrational fears of the sheeple with the needs of liberty with a bias toward the latter. I would suggest presenting whichever legislators the bill as follows:


    Introduced Version




    SENATE BILL No. ##

    _____


    DIGEST OF INTRODUCED BILL


    Citations Affected: IC 35-47.
    Synopsis: Possession of handguns. Provides that a person who possesses a valid Indiana license to carry a handgun may not be prohibited from possessing a handgun on land or in buildings and other structures owned or leased by: (1) the state or a political subdivision of the state; or (2) a nonpublic elementary school, nonpublic secondary school, or nonpublic postsecondary educational institution. Provides exceptions for airports, penal facilities, and for students in a school. Full preemption of firearms law instituted. Unlicensed open-carry of a firearm decriminalized. Ballistic and automatic knives decriminalized. Carry of a knife for other than criminal purposes by non-students at a school decriminalized. Repeal of a redundant prohibition regarding sawed-off shotguns. All Licenses to Carry Handguns made more easily obtainable by non-residents.
    Effective: July 1, 2011.



    (Sponsor)

    (date), read first time and referred to Committee on (name).



    Introduced

    ______ Regular Session 118th General Assembly (2011)

    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.
    Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
    Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.
    SENATE BILL No. ##


    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 35-47-9-1; (08)IN0065.1.1. --> SECTION 1. IC 35-47-9-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
    Sec. 1. This chapter does not apply to the following:
    (1)A:
    (A)federal;
    (B)state;or
    (C)local;
    law enforcement officer.
    (2) A person who has been employed or authorized by:
    (A)a school; or
    (B) another person who owns or operates property being used by a school for a school function;
    to act as a security guard, perform or participate in a school function, or participate in any other activity authorized by a school.
    (3) A person who:
    (A) may legally possess a firearm; and
    (B) possesses the firearm in a motor vehicle that is being operated by the person to transport another person to or from a school or a school function.
    (4) A person who possesses a valid license to carry a handgun issued under IC 35-47-2.


    SOURCE: IC 35-47-11-2; (08)IN0065.1.2. --> SECTION 2. IC 35-47-11-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: 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) Subject to IC 35-47-16, 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.
    Regulation of the ownership, possession, sale, transfer, or transportation of firearms (as defined in IC 35-47-1-5) or ammunition is a function of the state legislature and not of political subdivisions of the state. The legislature shall do so only in compliance with Article I, Sec. 32 of the Indiana Constitution.

    SOURCE: IC 35-47-16; (08)IN0065.1.3. --> SECTION 3. IC 35-47-16 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
    Chapter 16. Possession of Handguns
    Sec. 1. This chapter does not apply to the following:
    (1) A state prison, a correctional facility, a city or county jail, a penitentiary, or any other facility used to confine persons who:
    (A) have been sentenced for committing crimes; or
    (B) are awaiting trial or sentencing for committing crimes.
    (2) IC 35-47-6 concerning weapons in airports and on aircraft.
    Sec. 2. As used in this chapter, "political subdivision" means a:
    (1) county;
    (2) township;
    (3) city;
    (4) town; or
    (5) municipal corporation (as defined in IC 36-1-2-10).

    Sec. 3. As used in this chapter, "state" means Indiana or any agency of state government.
    Sec. 4. A person who possesses a valid license to carry a handgun issued under IC 35-47-2 may not be prohibited from possessing a handgun on land or in buildings and other structures owned or leased by:
    (1) the state or a political subdivision of the state; or
    (2) a nonpublic elementary school, nonpublic secondary school, or nonpublic postsecondary educational institution, provided such person is not enrolled as a student in the aforementioned school in the present school year.

    Sec. 5. A person who possesses a firearm lawfully may not be prohibited from carry of a firearm on the premises of a school, provided the school is not being used for school purposes including school-sanctioned extracurricular activities at the time or within two hours from the time the person is found to be in such possession, provided the person had knowledge of such activity.
    Sec. 6. A person not otherwise prohibited from lawful ownership of a firearm shall not be required to obtain a License To Carry a Handgun if such person carries a handgun in plain view. Carry of a handgun in a proper holster with view unobstructed by clothing from three sides shall be considered in plain view for the purpose of this section.

    SOURCE: IC 35-47-5; (11)IN00##. --> SECTION 4. IC 35-47-5-2 IS REPEALED FROM THE INDIANA CODE [EFFECTIVE JULY 1, 2011]

    SOURCE: IC 35-47-5; (11)IN00##. --> SECTION 5. IC 35-47-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:

    IC 35-47-5-2.5
    Possession of a knife on school property
    Sec. 2.5. (a) As used in this section, "knife" means an instrument that:
    (1) consists of a sharp edged or sharp pointed blade capable of inflicting cutting, stabbing, or tearing wounds; and
    (2) is intended to be used as a weapon.
    (b) The term includes a dagger, dirk, poniard, stiletto, switchblade knife, or gravity knife.
    (c) A person who recklessly, knowingly, or intentionally possesses a knife on:
    (1) school property (as defined in IC 35-41-1-24.7);
    (2) a school bus (as defined in IC 20-27-2-8); or
    (3) a special purpose bus (as defined in IC 20-27-2-10);
    commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a previous unrelated conviction under this section and a Class D felony if the offense results in bodily injury or serious bodily injury to another person.
    (d) This section does not apply to a person who possesses a knife:
    (1) if:
    (A) the knife is provided to the person by the school corporation or possession of the knife is authorized by the school corporation; and
    (B) the person uses the knife for a purpose authorized by the school corporation; or
    (2) if the knife is secured in a motor vehicle.
    (3) without intent to use it to do harm to another person other than in self-defense or defense of another person. This section shall not apply to a student enrolled in the school.

    IC 35-47-5-10
    Applicability of statutes relating to machine guns
    Sec. 10. The provisions of section 8 or 9 of this chapter shall not be construed to apply to any of the following:
    (1) Members of the military or naval forces of the United States, National Guard of Indiana, or Indiana State Guard, when on duty or practicing.
    (2) Machine guns kept for display as relics and which are rendered harmless and not usable.
    (3) Any of the law enforcement officers of this state or the United States while acting in the furtherance of their duties.
    (4) Persons lawfully engaged in the display, testing, or use of fireworks.
    (5) Agencies of state government.
    (6) Persons permitted by law to engage in the business of manufacturing, assembling, conducting research on, or testing machine guns, airplanes, tanks, armored vehicles, or ordnance equipment or supplies while acting within the scope of such business.
    (7) Persons possessing, or having applied to possess, machine guns or sawed-off shotguns under applicable United States statutes. Such machine guns must be transferred as provided in this article.
    (8) Persons lawfully engaged in the manufacture, transportation, distribution, use or possession of any material, substance, or device for the sole purpose of industrial, agricultural, mining, construction, educational, or any other lawful use.


    SOURCE: IC 35-47-2; (11)IN00##. --> SECTION 6. IC 35-47-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
    IC 35-47-2-3
    Application for license to carry handgun; procedure
    Sec. 3. (a) A person desiring a license to carry a handgun shall apply:
    (1) to the chief of police or corresponding law enforcement officer of the municipality in which the applicant resides;
    (2) if that municipality has no such officer, or if the applicant does not reside in a municipality, to the sheriff of the county in which the applicant resides after the applicant has obtained an application form prescribed by the superintendent; or
    (3) if the applicant is a resident of another state and has a regular place of business or employment in Indiana, to the sheriff of the any county in which the applicant has a regular place of business or employment.
    The superintendent and local law enforcement agencies shall allow an applicant desiring to obtain or renew a license to carry a handgun to submit an application electronically under this chapter if funds are available to establish and maintain an electronic application system.
    (b) The law enforcement agency which accepts an application for a handgun license shall collect the following application fees:
    (1) From a person applying for a four (4) year handgun license, a ten dollar ($10) application fee, five dollars ($5) of which shall be refunded if the license is not issued.
    (2) From a person applying for a lifetime handgun license who does not currently possess a valid Indiana handgun license, a fifty dollar ($50) application fee, thirty dollars ($30) of which shall be refunded if the license is not issued.
    (3) From a person applying for a lifetime handgun license who currently possesses a valid Indiana handgun license, a forty dollar ($40) application fee, thirty dollars ($30) of which shall be refunded if the license is not issued.
    Except as provided in subsection (h), the fee shall be deposited into the law enforcement agency's firearms training fund or other appropriate training activities fund and used by the agency to train law enforcement officers in the proper use of firearms or in other law enforcement duties, or to purchase firearms, firearm related equipment, or body armor (as defined in IC 35-47-5-13(a)) for the law enforcement officers employed by the law enforcement agency. The state board of accounts shall establish rules for the proper accounting and expenditure of funds collected under this subsection.
    (c) The officer to whom the application is made shall ascertain the applicant's name, full address, length of residence in the community, whether the applicant's residence is located within the limits of any city or town, the applicant's occupation, place of business or employment, criminal record, if any, and convictions (minor traffic offenses excepted), age, race, sex, nationality, date of birth, citizenship, height, weight, build, color of hair, color of eyes, scars and marks, whether the applicant has previously held an Indiana license to carry a handgun and, if so, the serial number of the license and year issued, whether the applicant's license has ever been suspended or revoked, and if so, the year and reason for the suspension or revocation, and the applicant's reason for desiring a license. The officer to whom the application is made shall conduct an investigation into the applicant's official records and verify thereby the applicant's character and reputation, and shall in addition verify for accuracy the information contained in the application, and shall forward this information together with the officer's recommendation for approval or disapproval and one (1) set of legible and classifiable fingerprints of the applicant to the superintendent.
    (d) The superintendent may make whatever further investigation the superintendent deems necessary. Whenever disapproval is recommended, the officer to whom the application is made shall provide the superintendent and the applicant with the officer's complete and specific reasons, in writing, for the recommendation of disapproval.
    (e) If it appears to the superintendent that the applicant:
    (1) has a proper reason for carrying a handgun;
    (2) is of good character and reputation;
    (3) is a proper person to be licensed; and
    (4) is:
    (A) a citizen of the United States; or
    (B) not a citizen of the United States but is allowed to carry a firearm in the United States under federal law;
    the superintendent shall issue to the applicant a qualified or an unlimited license to carry any handgun lawfully possessed by the applicant. The original license shall be delivered to the licensee. A copy shall be delivered to the officer to whom the application for license was made. A copy shall be retained by the superintendent for at least four (4) years in the case of a four (4) year license. The superintendent may adopt guidelines to establish a records retention policy for a lifetime license. A four (4) year license shall be valid for a period of four (4) years from the date of issue. A lifetime license is valid for the life of the individual receiving the license. The license of police officers, sheriffs or their deputies, and law enforcement officers of the United States government who have been honorably retired by a lawfully created pension board or its equivalent after twenty (20) or more years of service, shall be valid for the life of these individuals. However, a lifetime license is automatically revoked if the license holder does not remain a proper person.
    (f) At the time a license is issued and delivered to a licensee under subsection (e), the superintendent shall include with the license information concerning handgun safety rules that:
    (1) neither opposes nor supports an individual's right to bear arms; and
    (2) is:
    (A) recommended by a nonprofit educational organization that is dedicated to providing education on safe handling and use of firearms;
    (B) prepared by the state police department; and
    (C) approved by the superintendent.
    The superintendent may not deny a license under this section because the information required under this subsection is unavailable at the time the superintendent would otherwise issue a license. The state police department may accept private donations or grants to defray the cost of printing and mailing the information required under this subsection.
    (g) A license to carry a handgun shall not be issued to any person who:
    (1) has been convicted of a felony;
    (2) has had a license to carry a handgun suspended, unless the person's license has been reinstated;
    (3) is under eighteen (18) years of age;
    (4) is under twenty-three (23) years of age if the person has been adjudicated a delinquent child for an act that would be a felony if committed by an adult; or
    (5) has been arrested for a Class A or Class B felony, or any other felony that was committed while armed with a deadly weapon or that involved the use of violence, if a court has found probable cause to believe that the person committed the offense charged.
    In the case of an arrest under subdivision (5), a license to carry a handgun may be issued to a person who has been acquitted of the specific offense charged or if the charges for the specific offense are dismissed. The superintendent shall prescribe all forms to be used in connection with the administration of this chapter.
    (h) If the law enforcement agency that charges a fee under subsection (b) is a city or town law enforcement agency, the fee shall be deposited in the law enforcement continuing education fund established under IC 5-2-8-2.
    (i) If a person who holds a valid license to carry a handgun issued under this chapter:
    (1) changes the person's name;
    (2) changes the person's address; or
    (3) experiences a change, including an arrest or a conviction, that may affect the person's status as a proper person (as defined in IC 35-47-1-7) or otherwise disqualify the person from holding a license;
    the person shall, not later than thirty (30) days after the date of a change described under subdivision (3), and not later than sixty (60) days after the date of the change described under subdivision (1) or (2), notify the superintendent, in writing, of the event described under subdivision (3) or, in the case of a change under subdivision (1) or (2), the person's new name or new address.
    (j) The state police shall indicate on the form for a license to carry a handgun the notification requirements of subsection (i).
    (k) The state police department shall adopt rules under IC 4-22-2 to implement an electronic application system under subsection (a). Rules adopted under this section must require the superintendent to keep on file one (1) set of classifiable and legible fingerprints from every person who has received a license to carry a handgun so that a person who applies to renew a license will not be required to submit an additional set of fingerprints.
    (l) Except as provided in subsection (m), for purposes of IC 5-14-3-4(a)(1), the following information is confidential, may not be published, and is not open to public inspection:
    (1) Information submitted by a person under this section to:
    (A) obtain; or
    (B) renew;
    a license to carry a handgun.
    (2) Information obtained by a federal, state, or local government entity in the course of an investigation concerning a person who applies to:
    (A) obtain; or
    (B) renew;
    a license to carry a handgun issued under this chapter.
    (3) The name, address, and any other information that may be used to identify a person who holds a license to carry a handgun issued under this chapter.
    (m) Notwithstanding subsection (l):
    (1) any information concerning an applicant for or a person who holds a license to carry a handgun issued under this chapter may be released to a federal, state, or local government entity:
    (A) for law enforcement purposes; or
    (B) to determine the validity of a license to carry a handgun; and
    (2) general information concerning the issuance of licenses to carry handguns in Indiana may be released to a person conducting journalistic or academic research, but only if all personal information that could disclose the identity of any person who holds a license to carry a handgun issued under this chapter has been removed from the general information.

    SOURCE: IC 35-47-5; (11)IN00##. --> SECTION 7. IC 35-47-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]
    IC 35-47-2-4
    Qualified or unlimited licenses to carry handguns; fees; exemptions from payment of fees
    Sec. 4. (a) Licenses to carry handguns shall be either qualified or unlimited, and are valid for:
    (1) four (4) years from the date of issue in the case of a four (4) year license; or
    (2) the life of the individual receiving the license in the case of a lifetime license.
    A qualified license shall be issued for hunting and target practice. The superintendent may adopt rules imposing limitations on the use and carrying of handguns under a license when handguns are carried by a licensee as a condition of employment. Unlimited licenses shall be issued for the purpose of the protection of life and property.
    (b) In addition to the application fee, the fee for:
    (1) a qualified license shall be:
    (A) five dollars ($5) for a four (4) year qualified license;
    (B) twenty-five dollars ($25) for a lifetime qualified license from a person who does not currently possess a valid Indiana handgun license; or
    (C) twenty dollars ($20) for a lifetime qualified license from a person who currently possesses a valid Indiana handgun license; and
    (2) an unlimited license shall be:
    (A) thirty dollars ($30) for a four (4) year unlimited license;
    (B) seventy-five dollars ($75) for a lifetime unlimited license from a person who does not currently possess a valid Indiana handgun license; or
    (C) sixty dollars ($60) for a lifetime unlimited license from a person who currently possesses a valid Indiana handgun license.
    The superintendent shall charge a twenty dollar ($20) fee for the issuance of a duplicate license to replace a lost or damaged license. These fees shall be deposited in accordance with subsection (e).
    (c) Licensed dealers are exempt from the payment of fees specified in subsection (b) for a qualified license or an unlimited license.
    (d) The following officers of this state or the United States who have been honorably retired by a lawfully created pension board or its equivalent after at least twenty (20) years of service or because of a disability are exempt from the payment of fees specified in subsection (b):
    (1) Police officers.
    (2) Sheriffs or their deputies.
    (3) Law enforcement officers.
    (4) Correctional officers.
    (e) Fees collected under this section shall be deposited in the state general fund.
    (f) The superintendent may not issue a lifetime qualified license or a lifetime unlimited license to a person who is a resident of another state. The superintendent may issue a four (4) year qualified license or a four (4) year unlimited license to a person who is a resident of another state and who has a regular place of business or employment in Indiana as described in section 3(a)(3) of this chapter.
  8. jedi
    jedi
    So in a nutshell this "draft" does the following:
    - Allows guns inside city halls and town centers
    - Allows guns inside schools (not public schools) but only when no school is in session
    - Allows for sawed off shotguns (fed requirements still needed ie tax stamp??)
    - Allows for OC WITHOUT any type of background check
    - Allows non-Indiana residents to obtain an IN gun permit so they too can carry guns when they visit the state!

    ---
    Note I'm writing this from a "anit-gun", media headline point of view. =)
    Also I skipped the "knife" laws since I'm sure the media will just love the other stuff first.

    I'm not saying I don't like it, I LOVE IT but just wanted to make sure I got the joe on the street version. Did I miss anything? How can I help. While the NWI INGO group is still forming we do have some members that are willing to do whatever (politically) while we have others that "don't want to get involved but will support".
  9. MTC
    MTC
    Premise: The idea of having to apply, submit personal information, obtain the signature of a bureaucrat, submit fingerprints and/or photographs, and be charged a fee as a precondition to the exercise of a Right is preposterous to an American.

    Premise: The most important tenet of gun control (and the default position of the gun prohibitionists when they cannot achieve their ultimate goal of the complete prohibition of civilian ownership of firearms), is that one must be investigated, fingerprinted, licensed and registered by a "higher authority" (such as a police agency or bureau assigned to the task) in order to legally and legitimately bear arms (in this case sidearms while off your own property).

    Premise: The idea that a fundamental, enumerated, constitutional right can be licensed and still remain a right, must not only be delegitimized, but extirpated.
    If one has to apply for permission, one does not have a right.

    Premise: Whereas Indiana law is silent on the carry of long guns - as it should be, yet Hoosiers are required under existing statute to apply for permission to carry their own sidearms off their property, all attention should be directed to the repeal of the offending statute, namely IC 35-47-2-1(a).

    Although some minor adjustments and improvements can be made to existing code, they will not get to the root of the problem.
  10. Lex Concord
    Lex Concord
    Great job Bill! I've skimmed it and look forward to a thorough read.

    SE: I'll see if I can figure out something regarding notifications.
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