Preemption Law

[bart2278]

What does it say exactly? I guess I do not quite understand the scope of the law?

 

[eldirector]

The exact law (I assume you mean the State preemption of local firearms ordinances):
Indiana Code 35-47-11.1

 

[Kirk Freeman]

I guess I do not quite understand the scope of the law?

The scope is all firearms, ammunition and accessories within the state of Indiana.

Could you ask a specific question?

 

[Bill of Rights]

What does it say exactly? I guess I do not quite understand the scope of the law?

IC 35-47-11.1
Chapter 11.1. Local Regulation of Firearms, Ammunition, and Firearm Accessories

IC 35-47-11.1-1
Application
Sec. 1. This chapter applies to a political subdivision (as defined in IC 3-5-2-38).
As added by P.L.152-2011, SEC.4.

The law we're discussing applies to:

IC 3-5-2-38
"Political subdivision"
Sec. 38. "Political subdivision" means a county, city, town, township, school corporation, public library, local housing authority, fire protection district, public transportation corporation, local building authority, local hospital authority or corporation, local airport authority, special service district, special taxing district, or other type of local governmental corporate entity.
As added by P.L.5-1986, SEC.1.

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.

Those groups listed above may not regulate guns, ammo, or accessories, as defined elsewhere, nor who can own, have, carry, give or take, or move those items, nor may they register them, nor tell their lawful owners how to keep them (store). They also may not regulate the sale and may not tax them.

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.

No local ordinance (or other-named similar thing) enacted before, during, or after this law went into effect, is enforceable.

The following section details the exceptions to the above:

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.

Your local police chief can tell his officers what they may carry while on duty.

(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.

Except as detailed in the "parking lot law", a local gov't can tell its workers that they cannot carry while "on the clock".

(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.

If a case goes to a judge at the local level, that judge may still issue a ruling.

(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.

A local business cannot be restricted by zoning, etc., because they sell guns, any differently than would be applied to a store that sold, for example, stationery or bicycles. Any such law in existence at the time this was enacted is unenforceable.

(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.

A building containing a courtroom may disallow guns in that building in the areas the courts occupy. (They may, they do not HAVE to do so.)

(6) The enactment or enforcement of a provision prohibiting or restricting the intentional display of a firearm at a public meeting.

If you go to a public meeting, you may be prevented from open-carrying. You may also be prevented from drawing your gun.

(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.

The only hospital that had a unit such as the one described is Wishard Hospital, in Indianapolis.

(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).

If someone has some alternative sentence applied to them to stay out of jail, such a person may be restricted from possession (et al) of firearms, ammo, etc.

(9) The enforcement or prosecution of the offense of criminal recklessness (IC 35-42-2-2) involving the use of a firearm.

If convicted of the above crime, you do not get to cite this law to avoid the sentence.

(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.

A property owned by your city, county, etc., if leased by someone else, may limit guns and ammo on that property, if the rule is made by whoever leased the property.

(11) The enactment or enforcement of a provision prohibiting
or restricting the possession of a firearm in a hospital established and operated under IC 16-22-2 or IC 16-23.

A city- or county-owned hospital (there are 13 or so of them in the state) may tell you you cannot have guns or ammo on their premises.

(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.

If a gun store has not been in its present location, within 200 feet of a school, since the above date, it can be prevented from selling guns there. (to me, this seems to conflict with the last sentence of #4, above.)

(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.

If a public building that doesn't contain a courtroom wants to hire a sworn LEO to man a metal detector at every public entrance and search everyone entering through that door, they may do so. However, anyone with a LTCH may still enter with their lawfully possessed handgun. (do note that this makes no exception for LEOs carrying without LTCH. It also allows you to pass with your handgun, but not, for example, your pocketknife.)

As added by P.L.152-2011, SEC.4. Amended by P.L.6-2012, SEC.232.

IC 35-47-11.1-5
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.

If your local gov't restricts you in violation of this law, you can sue them.

IC 35-47-11.1-6
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
requirements:
(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.

This defines who is restricted and how.

IC 35-47-11.1-7
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.

The last bit defines the amount you can collect if you win in court.

Do note that I am not a lawyer, I don't play one on TV, and this is not legal advice.
Hope this helps!

Blessings,
Bill

 

[eldirector]

And... there you go! Thanks, Bill. Your explanation is the most thorough I've seen.

 

[Bill of Rights]

And... there you go! Thanks, Bill. Your explanation is the most thorough I've seen.

Thank you, sir. I just tried to break it down to layman's terms, so it may be a bit lacking legally, but if people understand it, that's the goal.

Blessings,
Bill

 

[bart2278]

That just about does it for me Bill I appreciate the breakdown.

 

[actaeon277]

I recommend people save this thread for the excellent reference. I have a folder for stuff like this, called reference.