Bill Text: IN SB0181 | 2012 | Regular Session | Introduced
Bill Title: Possession of firearms on state property.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Judiciary [SB0181 Detail]
Download: Indiana-2012-SB0181-Introduced.html
Citations Affected: IC 35-47.
Synopsis: Possession of firearms on state property. Prohibits a state
agency, including a state supported college or university, from
regulating the possession or transportation of firearms, ammunition, or
firearm accessories: (1) on land that is; or (2) in buildings and other
structures that are; owned or leased by the state. Provides for certain
exceptions. Voids, as of July 1, 2012, any rules or policies enacted or
undertaken by a state agency before, on, or after June 30, 2012,
concerning possession or transportation of firearms, ammunition, or
firearm accessories on land or in structures owned or leased by the
state. Allows a person to bring an action against a state agency if the
person is adversely affected by a rule, a measure, an enactment, or a
policy of the state agency that violates this law.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Judiciary.
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A BILL FOR AN ACT to amend the Indiana Code concerning
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(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.
Chapter 16. Possession and Transportation of Firearms on State Property
Sec. 1. This chapter does not apply to the administration or enforcement of a:
(1) statute enacted by the general assembly that:
(A) specifically concerns the ownership, possession, carrying, use, discharge, transportation, registration, transfer, and storage of firearms, ammunition, and firearms accessories; or
(B) constitutes a crime or an infraction; or
(2) federal law.
Sec. 2. (a) As used in this chapter, "state agency" means an authority, a board, a branch, a bureau, a commission, a committee, a council, a department, a division, an office, an officer, a service, or any other instrumentality of the executive, judicial, or legislative branch of state government.
(b) The term includes a state supported college or university.
Sec. 3. Except as provided in section 5 of this chapter, a state agency may not regulate the possession or transportation of firearms, ammunition, or firearm accessories:
(1) on land that is; or
(2) in buildings and other structures that are;
owned or leased by the state.
Sec. 4. Any provision of a rule, a measure, an enactment, or a policy of a state agency or of an employee or agent of a state agency acting in an official capacity:
(1) enacted or undertaken before, on, or after June 30, 2012; and
(2) that pertains to or affects the matters described in section 3 of this chapter;
is void.
Sec. 5. Section 3 of this chapter may not be construed to prevent any of the following:
(1) A law enforcement agency from enacting and enforcing rules or policies concerning firearms, ammunition, or firearm accessories issued to or used by law enforcement officers in the course of the officers' official duties.
(2) A court or an 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.
(3) The enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in any building that contains a courtroom used by the supreme court, court of appeals, or tax court.
(4) The enactment or enforcement of a provision prohibiting
or restricting the intentional display of a firearm at a public
meeting.
(5) For an event occurring on property leased from a state
agency by the promoter or organizer of an 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 rules of conduct
or admission described in clause (A) by a state agency in
connection with the event.
(6) A state agency from enacting or enforcing a provision
prohibiting or restricting the possession of a firearm in a
building owned or administered by the state 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 (3) concerning a
building that contains a courtroom, a state agency may not
prohibit or restrict the possession of a handgun under this
subdivision in a building owned or administered by the state
if the person who possesses the handgun has been issued a
valid license to carry the handgun under IC 35-47-2.
Sec. 6. Notwithstanding IC 34-13-3, a person adversely affected
by a rule, a measure, an enactment, or a policy adopted or enforced
by a state agency that violates this chapter may bring an action in
a court against the state agency for:
(1) declarative and injunctive relief; and
(2) actual and consequential damages attributable to the
violation.
Sec. 7. A person is "adversely affected" for purposes of section
6 of this chapter if either of the following applies:
(1) The person is an individual who meets all the following
requirements:
(A) The individual lawfully resides within the United
States.
(B) The individual may legally possess a firearm under
Indiana law.
(C) The individual is or was subject to the rule, measure,
enactment, or policy of the state agency that is the subject
of an action brought under section 6 of this chapter. An
individual is or was subject to the rule, measure,
enactment, or policy of the state agency if the individual is
or was physically present within the jurisdiction of the
state agency for any reason.
(2) The person is a membership organization that:
(A) includes at least two (2) 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. 8. Notwithstanding IC 34-13-3, a prevailing plaintiff in an
action brought under section 6 of this chapter is entitled to recover
the following from the state agency:
(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.
