Fellow 2nd Amendment Supporters,
Thank you for signing up for the ISRPA Email Newsletter. While many things in the fight for 2nd Amendment (2A) Rights move at a very slow pace (cases making their way to the Supreme Court is a prime example) bills moving through the legislative process at the Indiana General Assembly (IGA) move very fast.
The IGA reconvenes on 5 January. Bills coming up for a hearing can have as little as 48 hours notice. Getting the word out quickly to let our elected officials know we support (or oppose) a bill assigned to a committee is incredibly important. Whether a pro-2A bill needs to come up for a hearing, or an anti-2A bill is up for a hearing, letting our elected officials know we are out here and paying attention is vital.
We are a bit early in the legislative process, but some bills had a “first reading” and were assigned to committee. So far, I’ve seen none that I would consider pro-2A. There are a number of bills that (if passed) would severely erode 2A Rights Hoosiers currently enjoy.
One of the most important pro-2A bills to pass into law was in 2011 and authored by Senator Jim Tomes. It is commonly known as the firearms preemption statute (Indiana Code 35-47-11.1.) Put simply, this legislation prohibits political sub-divisions (Counties, Townships, Cities, Towns, etc.) from regulating anything to do with firearms. There are exemptions from the statute, such as for Courthouses and hospitals with a 24-hour Police presence for treating prisoners.
Below is Senate Bill 82, Local regulation of firearms in Marion County authored by Senator Fady Qaddoura from District 30 in Indianapolis. Let’s break down the proposed changes (text from the bill in italics, my comments in blue) to the exemptions in IC 35-47-11 AKA the preemption statute.
A county containing a consolidated city from regulating firearms, ammunition, or firearm accessories in a manner more restrictive than Indiana law, if the regulation is recommended by a law enforcement agency that has jurisdiction in the county.
(Out of 92 counties, the one that qualifies is Marion County/Indianapolis. Someone appointed by the mayor can do this. In 2021 Marion County had 14% of Indiana’s population and 64% of Indiana’s homicides. Maybe the 91 counties with 36% of the homicides should be providing the recommendations.)
A regulation described by this subdivision may include:
(A) requiring the safe storage of firearms;
(That worked so well in New York City in 2019, changing the law before they lost in court. Also, please define “safe”. DC v. Heller 2008 covered this.)
(B) requiring a license to carry a handgun;
(Exactly how does this work in a State with Constitutional Carry of handguns? 91 counties have permit-less carry. When you cross Raceway Road/County Line Road/96th Street/the other County Line Road?)
(C) expanding background checks for firearm purchases;
(Expanded how? Will it require background checks for when violent felons trade cocaine for guns??)
(D) prohibiting the purchase of an assault weapon;
(Does this include bats/hammers/2X4s/hands/fists/feet/knives/Sport Utility Vehicles/rocks or just those evil black rifles that are the most commonly owned rifles for lawful purposes in the country?)
(E) raising the minimum age to purchase a firearm to twenty-one (21) years of age;
(Florida recently repealed their age 21 law. There was a case that would’ve gone to the Supreme Court and they knew they would lose.)
or
(F) strengthening laws concerning the seizure and retention of a firearm from a dangerous person (red flag laws).
(Define “strengthen.” Does it mean due process is eroded and the case can be dragged out for a very long time?)
However, a regulation adopted under this subdivision must comply with the Constitution of the United States and the Constitution of the State of Indiana.
(The New York State Rifle and Pistol Association v. Bruen 2022 decision established the text, history, and tradition standard for laws that limit 2A Rights. Senator Qaddoura has an uphill climb on this one.)
Every year bills like this are introduced at the IGA. Every year bills that support the 2A Rights of Hoosiers are introduced. Some get hearings, some don’t. We all have to be ready to support or oppose as needed. Things will happen quick at the IGA this year, we all have to be ready to respond.
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