Bill Text: IN HB1540 | 2011 | Regular Session | Introduced
Bill Title: Preemption of local firearm regulation.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Public Policy [HB1540 Detail]
Download: Indiana-2011-HB1540-Introduced.html
Citations Affected: IC 14-22-31.5-5; IC 35-47.
Synopsis: Preemption of local firearm regulation. Prohibits, with
certain exceptions, a political subdivision from regulating any matter
pertaining to firearms, ammunition, and firearm accessories. Allows a
person to file an action against a political subdivision if the person is
adversely affected by an ordinance, measure, enactment, rule, or policy
of the political subdivision that violates the law.
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Public Policy.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) fixed cartridge ammunition;
(2) shotgun shells;
(3) the individual components of fixed cartridge ammunition and shotgun shells;
(4) projectiles for muzzle loading firearms; and
(5) any propellant used in a firearm or in firearm ammunition.
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 5.1. "Firearm accessory" means:
(1) any device specifically adapted to enable:
(A) the wearing or carrying about one's person; or
(B) the storage or mounting in or on any conveyance;
of a firearm; and
(2) any attachment or device specifically adapted to be
inserted into or affixed onto any firearm to enable, alter, or
improve the functioning or capabilities of the firearm.
Chapter 11.1. Local Regulation of Firearms, Ammunition, and Firearm Accessories
Sec. 1. This chapter applies to a political subdivision (as defined in IC 3-5-2-38).
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, use, discharge, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories;
(3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories; and
(4) any other matter pertaining to or relating to firearms, ammunition, and firearm accessories.
Sec. 3. Any ordinance, measure, enactment, rule, 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.
Sec. 4. This chapter may not be construed to prevent:
(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
(4) the enactment or enforcement of generally applicable
zoning or business ordinances that apply to firearms
businesses to the same degree as other businesses. However,
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.
Sec. 5. A person adversely affected by an ordinance, measure,
enactment, rule, or 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.
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.
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.
