Bill Text: IN SB0555 | 2013 | Regular Session | Amended
Bill Title: Indiana firearms reciprocity license.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-03-12 - First reading: referred to Committee on Public Policy [SB0555 Detail]
Download: Indiana-2013-SB0555-Amended.html
Citations Affected: IC 10-13; IC 14-16; IC 35-47.
Effective: July 1, 2013.
January 14, 2013, read first time and referred to Committee on Judiciary.
February 21, 2013, amended, reported favorably _ Do Pass.
February 25, 2013, read second time, amended, ordered engrossed.
Digest Continued
firing of at least 45 rounds of ammunition. Makes it a Class D felony for a person to falsely certify completion of a handgun safety and training program. Provides that Indiana will not recognize a handgun license issued by a state which recognized an Indiana qualified or unlimited handgun license on March 1, 2013, but which after that date recognizes only the Indiana firearms reciprocity license and refuses to recognize a qualified or unlimited handgun license. Permits the state police department, in consultation with the attorney general, to enter into a reciprocity agreement with another state. Permits issuance of a lifetime reciprocity license, and requires the state police department to reevaluate the holder of a lifetime reciprocity license every four years, and to revoke the license if the person is no longer eligible for the license. Makes conforming amendments.
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) Operating and maintaining the central repository for criminal history data.
(2) Establishing, operating, or maintaining an electronic log to record the sale of drugs containing ephedrine or pseudoephedrine in accordance with IC 35-48-4-14.7.
(b) If the amount of money that is deposited in the state general fund during a state fiscal year from handgun license fees (as described in IC 35-47-2-4 and IC 35-47-2-4.5) exceeds one million one hundred thousand dollars ($1,100,000), the excess is appropriated from the state general fund to the department for the purposes described in subsection (a). An appropriation under this section is subject to allotment by the budget agency.
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 23. (a) An individual shall not operate a vehicle
under any of the following conditions:
(1) At a rate of speed greater than is reasonable and proper having
due regard for existing conditions or in a manner that
unnecessarily endangers the person or property of another.
(2) While:
(A) under the influence of an alcoholic beverage; or
(B) unlawfully under the influence of a narcotic or other habit
forming or dangerous depressant or stimulant drug.
(3) During the hours from thirty (30) minutes after sunset to thirty
(30) minutes before sunrise without displaying a lighted headlight
and a lighted taillight.
(4) In a forest nursery, a planting area, or public land posted or
reasonably identified as an area of forest or plant reproduction
and when growing stock may be damaged.
(5) On the frozen surface of public waters within:
(A) one hundred (100) feet of an individual not in or upon a
vehicle; or
(B) one hundred (100) feet of a fishing shanty or shelter;
except at a speed of not more than five (5) miles per hour.
(6) Unless the vehicle is equipped with a muffler in good working
order and in constant operation to prevent excessive or unusual
noise and annoying smoke.
(7) Within one hundred (100) feet of a dwelling between midnight
and 6:00 a.m., except on the individual's own property or property
under the individual's control or as an invited guest.
(8) On any property without the consent of the landowner or
tenant.
(9) While transporting on or in the vehicle a firearm, unless the
firearm is:
(A) unloaded; and
(B) securely encased or equipped with and made inoperative
by a manufactured keylocked trigger housing mechanism.
(10) On or across a cemetery or burial ground.
(11) Within one hundred (100) feet of a slide, ski, or skating area,
except for the purpose of servicing the area.
(12) On a railroad track or railroad right-of-way, except railroad
personnel in the performance of duties.
(13) In or upon a flowing river, stream, or creek, except for the
purpose of crossing by the shortest possible route, unless the
river, stream, or creek is of sufficient water depth to permit
movement by flotation of the vehicle at all times.
(14) An individual shall not operate a vehicle while a bow is
present in or on the vehicle if the nock of an arrow is in position
on the string of the bow.
(b) Subsection (a)(9) does not apply to a person who is carrying a
firearm:
(1) if:
(A) the firearm is a handgun; and
(B) the person has been issued an:
(i) unlimited handgun license; or
(ii) Indiana firearms reciprocity license;
to carry a handgun under IC 35-47-2;
(2) if:
(A) the firearm is a handgun; and
(B) the person is not required to possess a license to carry a
handgun under IC 35-47-2-2; or
(3) if the person carrying the firearm is operating the vehicle on
property that the person:
(A) owns;
(B) has a contractual interest in;
(C) otherwise legally possesses; or
(D) has permission from a person described in clauses (A)
through (C) to possess a firearm on.
(b) Except as provided in subsection (c), a person may carry a handgun without being licensed under this chapter to carry a handgun if:
(1) the person carries the handgun on or about the person's body in or on property that is owned, leased, rented, or otherwise legally controlled by the person;
(2) the person carries the handgun on or about the person's body while lawfully present in or on property that is owned, leased, rented, or otherwise legally controlled by another person, if the person:
(A) has the consent of the owner, renter, lessor, or person who legally controls the property to have the handgun on the
premises;
(B) is attending a firearms related event on the property,
including a gun show, firearms expo, gun owner's club or
convention, hunting club, shooting club, or training course; or
(C) is on the property to receive firearms related services,
including the repair, maintenance, or modification of a
firearm;
(3) the person carries the handgun in a vehicle that is owned,
leased, rented, or otherwise legally controlled by the person, if the
handgun is:
(A) unloaded;
(B) not readily accessible; and
(C) secured in a case;
(4) the person carries the handgun while lawfully present in a
vehicle that is owned, leased, rented, or otherwise legally
controlled by another person, if the handgun is:
(A) unloaded;
(B) not readily accessible; and
(C) secured in a case; or
(5) the person carries the handgun:
(A) at a shooting range (as defined in IC 14-22-31.5-3);
(B) while attending a firearms instructional course; or
(C) while engaged in a legal hunting activity.
(c) Unless the person's right to possess a firearm has been restored
under IC 35-47-4-7, a person who has been convicted of domestic
battery under IC 35-42-2-1.3 may not possess or carry a handgun.
(d) This section may be not construed:
(1) to prohibit a person who owns, leases, rents, or otherwise
legally controls private property from regulating or prohibiting the
possession of firearms on the private property;
(2) to allow a person to adopt or enforce an ordinance, resolution,
policy, or rule that:
(A) prohibits; or
(B) has the effect of prohibiting;
an employee of the person from possessing a firearm or
ammunition that is locked in the trunk of the employee's vehicle,
kept in the glove compartment of the employee's locked vehicle,
or stored out of plain sight in the employee's locked vehicle,
unless the person's adoption or enforcement of the ordinance,
resolution, policy, or rule is allowed under IC 34-28-7-2(b); or
(3) to allow a person to adopt or enforce a law, statute, ordinance,
resolution, policy, or rule that allows a person to possess or
transport a firearm or ammunition if the person is prohibited from
possessing or transporting the firearm or ammunition by state or
federal law.
(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 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.
(1) to the chief of police or corresponding law enforcement officer of the municipality in which the applicant resides;
(2) if:
(A) a municipality does not have a chief of police or law enforcement officer described in subdivision (1); or
(B) 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;
(3) if the applicant:
(A) is a resident of another state; and
(B) has a regular place of business or employment in Indiana;
to the sheriff of the county in which the applicant has a regular place of business or employment; or
(4) if the applicant:
(A) is a resident of another state; and
(B) does not have a regular place of business or employment in Indiana;
to the superintendent.
The superintendent and local law enforcement agencies shall allow an applicant desiring to obtain or renew an Indiana firearms reciprocity license to submit an application electronically under
this chapter if funds are available to establish and maintain an
electronic application system.
(b) A law enforcement agency that accepts an application for an
Indiana firearms reciprocity license shall collect a fifty dollar ($50)
application fee from the applicant. The fee:
(1) shall be deposited into the law enforcement agency's
firearms training fund or other appropriate training activities
fund and used by the agency to:
(A) train law enforcement officers in:
(i) the proper use of firearms; or
(ii) other law enforcement duties; or
(B) purchase:
(i) firearms;
(ii) firearm related equipment; or
(iii) body armor (as defined in IC 35-47-5-13(a));
for the law enforcement officers employed by the law
enforcement agency; or
(2) if the law enforcement agency is a city or town law
enforcement agency, shall be deposited in the local law
enforcement continuing education fund established under
IC 5-2-8-2.
The state board of accounts shall establish rules for the proper
accounting and expenditure of funds collected under this
subsection.
(c) An applicant for an Indiana firearms reciprocity license shall
submit the following information to the appropriate law
enforcement officer or superintendent under subsection (a):
(1) The applicant's name, full address, length of residence in
the community, and whether the applicant's residence is
located within the limits of any city or town.
(2) The applicant's occupation or place of business or
employment.
(3) The applicant's criminal record, if any, and convictions
(except for minor traffic offenses).
(4) The applicant's age, race, sex, nationality, date of birth,
citizenship, height, weight, build, color of hair, color of eyes,
scars, and marks.
(5) Whether the applicant has previously held an Indiana
license to carry a handgun issued under this chapter and, if
so:
(A) the serial number of the license and the year the license
was issued;
(B) whether the applicant's license has ever been suspended or revoked; and
(C) if the applicant's license was ever suspended or revoked, the year of and the reason for the suspension or revocation.
(6) The applicant's reason for desiring the license.
(7) One (1) recent dated photograph of the applicant.
(8) One (1) set of legible and classifiable fingerprints of the applicant.
(9) A certificate signifying that the person has successfully completed a handgun safety and training program that meets the requirements set forth in section 17.5 of this chapter.
(10) If the applicant is not a resident of Indiana, evidence that the applicant:
(A) holds a current firearms license or permit issued by the appropriate licensing or permitting authority of the nonresident applicant's state of residency; and
(B) resides in a state that:
(i) recognizes the validity of the Indiana firearms reciprocity license; or
(ii) otherwise has reciprocity with Indiana's handgun license law.
The law enforcement officer to whom the application is made or the superintendent shall conduct an investigation into the applicant's official records to verify the applicant's character and reputation. If a law enforcement officer conducts the investigation, the officer shall verify for accuracy the information contained in the application and forward the 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 considers necessary. Whenever disapproval is recommended, the law enforcement 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 an Indiana firearms reciprocity license to carry any handgun lawfully possessed by the applicant in Indiana. 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 Indiana firearms reciprocity license. The superintendent may adopt guidelines to establish a records retention policy for a lifetime Indiana firearms reciprocity license. A four (4) year Indiana firearms reciprocity license is valid for a period of four (4) years from the date of issue. A lifetime Indiana firearms reciprocity license is valid for the life of the individual receiving the license. The Indiana firearms reciprocity 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, is valid for the life of these individuals. However, a lifetime Indiana firearms reciprocity license is automatically revoked if the license holder does not remain a proper person.
(f) An Indiana firearms reciprocity license may not be issued to any person who:
(1) has been convicted of a felony;
(2) has had any license to carry a handgun suspended, unless the person's license has been reinstated;
(3) is less than twenty-one (21) years of age;
(4) is less than 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 felony 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 this subdivision, an Indiana firearms reciprocity license 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.
(g) The superintendent shall prescribe all forms to be used in
connection with the administration of this chapter.
(h) If a person who holds a valid Indiana firearms reciprocity
license issued under this section:
(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. The
state police department shall indicate on the form for an Indiana
firearms reciprocity license the notification requirements of this
subsection.
(i) The state police department shall adopt rules under IC 4-22-2
to implement this section. Rules adopted under this section must
require the superintendent to keep on file one (1) set of legible and
classifiable fingerprints from every person who has received an
Indiana firearms reciprocity license so that a person who applies
to renew a license will not be required to submit an additional set
of fingerprints.
(j) An Indiana firearms reciprocity license issued under this
section must be:
(1) of a different color; or
(2) otherwise distinctively marked;
so that the Indiana firearms reciprocity license is easily
distinguishable from a four (4) year or lifetime qualified or
unlimited license to carry a handgun issued under section 3 of this
chapter.
(k) Except as provided in subsection (l), 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;
an Indiana firearms reciprocity license.
(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;
an Indiana firearms reciprocity license issued under this
chapter.
(3) The name, address, and any other information that may be
used to identify a person who holds an Indiana firearms
reciprocity license issued under this chapter.
(l) Notwithstanding subsection (k):
(1) any information concerning an applicant for or a person
who holds an Indiana firearms reciprocity license 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 the license; and
(2) general information concerning the issuance of Indiana
firearms reciprocity licenses 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 issued under this chapter has been
removed from the general information.
(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.
(1) four (4) years from the date of issue in the case of a four (4) year Indiana firearms reciprocity license; or
(2) the life of the individual receiving the license in the case of a lifetime Indiana firearms reciprocity license.
(b) In addition to the application fee, the fee for:
(1) a four (4) year Indiana firearms reciprocity license is thirty dollars ($30);
(2) a lifetime Indiana firearms reciprocity license is seventy-five dollars ($75); and
(3) a duplicate license to replace a lost or damaged license is twenty dollars ($20).
Fees collected under this subsection shall be deposited in the state general fund.
(c) The following officers of Indiana 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.
(d) This subsection applies only to a person holding a lifetime Indiana firearms reciprocity license. At least one (1) time every four (4) years, the superintendent shall reevaluate a person who holds a lifetime Indiana firearms reciprocity license. If the superintendent determines that the person no longer:
(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) allowed to carry a firearm in the United States as a noncitizen of the United States under federal law;
the superintendent shall revoke the person's lifetime Indiana firearms reciprocity license. If the superintendent revokes a license under this subsection, the superintendent shall provide the person with the superintendent's complete and specific reasons, in writing, for revoking the license. The superintendent may adopt rules under IC 4-22-2 to implement this subsection.
(1) apply for; and
(2) hold;
a valid Indiana firearms reciprocity license issued under section 3.5 of this chapter at the same time the person holds a valid four (4)
year or lifetime qualified or unlimited license to carry a handgun
issued under section 3 of this chapter.
(b) Except as provided in section 4(f) of this chapter, a person
may:
(1) apply for; and
(2) hold;
a valid four (4) year or lifetime qualified or unlimited license to
carry a handgun issued under section 3 of this chapter at the same
time the person holds a valid Indiana firearms reciprocity license
issued under section 3.5 of this chapter.
(b) Documented evidence that a person:
(1) is not a "proper person" to be licensed as defined by IC 35-47-1-7; or
(2) is prohibited under section 3(g)(5) or 3.5(f)(5) of this chapter from being issued a license;
shall be grounds for immediate suspension or revocation of a license previously issued under this chapter. However, if a license is suspended or revoked based solely on an arrest under section 3(g)(5) or 3.5(f)(5) of this chapter, the license shall be reinstated upon the acquittal of the defendant in that case or upon the dismissal of the charges for the specific offense.
(c) A person who fails to promptly return
(d) The superintendent shall establish rules under IC 4-22-2 concerning the procedure for suspending or revoking a person's license.
requirements:
(1) The program must consist of at least eight (8) hours of
instruction.
(2) The:
(A) program must be certified by a national or state
firearms training organization; and
(B) instructor must be certified by a national or state
firearms training organization as qualified to teach an
eight (8) hour handgun safety and training program.
(3) The program must provide at least five (5) hours of
instruction in the following:
(A) The safe storage, use, and handling of a handgun,
including safe storage, use, and handling to protect child
safety.
(B) Knowledge of ammunition.
(C) Handgun firing positions.
(D) Firearms and the law, including civil liability issues
and the use of deadly force. The instruction in the subject
described in this clause must be provided by an attorney or
a person trained in the use of deadly force.
(E) Avoiding criminal attack and controlling a violent
confrontation.
(F) All laws that apply to carrying a concealed handgun in
Indiana.
(4) The program must:
(A) provide at least three (3) hours of instruction on a
firing range; and
(B) require the firing of at least forty-five (45) rounds of
ammunition.
(5) The program must provide to a person who successfully
completes the program a certificate of completion stating
that:
(A) the program complies with this section; and
(B) the person has successfully completed the program.
The certificate must contain the printed name and signature
of the instructor who instructed the person.
(b) A person who grants a certificate of completion described in
subsection (a)(5) to an individual knowing that the individual did
not satisfactorily complete the program commits a Class D felony.
recognized in Indiana except for sales at wholesale.
(b) Except as provided in subsection (c), licenses to carry
handguns, issued by other states or foreign countries, will be
recognized according to the terms thereof but only while the holders
are not residents of Indiana.
(c) This subsection applies only to a state or foreign country that
recognized an Indiana license to carry a handgun on March 1,
2013. Indiana will not recognize a license to carry a handgun issued
by a state or foreign country to which this subsection applies if the
state or foreign country:
(1) refuses to recognize a qualified or unlimited license to
carry a handgun issued by Indiana under section 3 of this
chapter; and
(2) recognizes an Indiana firearms reciprocity license issued
under section 3.5 of this chapter.
(d) The superintendent, in consultation with the attorney
general, may enter into agreements for reciprocal recognition with
any state.
(b) A person who knowingly or intentionally violates section 7, 17, or 18 of this chapter commits a Class C felony.
(c) A person who knowingly or intentionally violates section 1 of this chapter commits a Class A misdemeanor. However, the offense is a Class C felony:
(1) if the offense is committed:
(A) on or in school property;
(B) within one thousand (1,000) feet of school property; or
(C) on a school bus; or
(2) if the person:
(A) has a prior conviction of any offense under:
(i) this subsection; or
(ii) subsection (d); or
(B) has been convicted of a felony within fifteen (15) years before the date of the offense.
(d) A person who knowingly or intentionally violates section 22 of this chapter commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior conviction of any offense under this subsection or subsection (c), or if the person has been convicted of a felony within fifteen (15) years before the date of the
offense.
(1) Transactions between persons who are licensed as firearms importers or collectors or firearms manufacturers or dealers under 18 U.S.C. 923.
(2) Purchases by or sales to a law enforcement officer or agent of the United States, the state, or a county or local government.
(3) Indiana residents licensed to carry handguns under IC 35-47-2-3 or IC 35-47-2-3.5.
(b) Notwithstanding any other provision of this chapter, the state shall participate in the NICS if federal funds are available to assist the state in participating in the NICS. If:
(1) the state participates in the NICS; and
(2) there is a conflict between:
(A) a provision of this chapter; and
(B) a procedure required under the NICS;
the procedure required under the NICS prevails over the conflicting provision of this chapter.
