Reprinted
January 31, 2006
HOUSE BILL No. 1028
_____
DIGEST OF HB 1028
(Updated January 30, 2006 3:53 pm - DI 69)
Citations Affected: IC 34-6; IC 34-28; IC 35-41.
Synopsis: Firearms and self-defense. Prohibits the adoption or
enforcement of a policy or rule that prohibits or has the effect of
prohibiting an individual from possessing a loaded or unloaded
handgun or an unloaded rifle or shotgun that is locked in the
individual's motor vehicle while the motor vehicle is in or on the
person's property. Excepts possession of a firearm: (1) on school
property or a school bus; (2) on certain child care and shelter facility
property; (3) on penal facility property; (4) on oil refinery property; and
(5) in violation of federal law. Provides that a person who does not
adopt or enforce such a policy or rule is not liable for resulting
damages. Authorizes a civil action for damages, costs, attorney's fees,
and injunctive relief to remedy a violation. Specifies that a person: (1)
is justified in using deadly force; and (2) does not have a duty to
retreat; if the person reasonably believes that force is necessary to
prevent serious bodily injury to the person or a third person or the
commission of a forcible felony. Specifies that a person: (1) is justified
in using reasonable force, including deadly force, against another
person; and (2) does not have a duty to retreat; if the person reasonably
believes that the force is necessary to prevent or terminate the other
person's unlawful entry of or attack on the person's dwelling, curtilage,
or occupied motor vehicle.
Effective: July 1, 2006.
Koch
, Ulmer
, Ruppel
January 12, 2006, read first time and referred to Committee on Public Safety and
Homeland Security.
January 25, 2006, amended, reported _ Do Pass.
January 30, 2006, read second time, amended, ordered engrossed.
Reprinted
January 31, 2006
Second Regular Session 114th General Assembly (2006)
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
this style type.
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
this style type reconciles conflicts
between statutes enacted by the 2005 Regular Session of the General Assembly.
HOUSE BILL No. 1028
A BILL FOR AN ACT to amend the Indiana Code concerning
firearms and self-defense.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-6-2-46.7; (06)HB1028.2.1. -->
SECTION 1. IC 34-6-2-46.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 46.7. "Firearm", for
purposes of IC 34-28-7 and IC 34-30-20, has the meaning set forth in
IC 35-47-1-5.
SOURCE: IC 34-6-2-103; (06)HB1028.2.2. -->
SECTION 2. IC 34-6-2-103 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 103. (a) "Person", for
purposes of IC 34-14, has the meaning set forth in IC 34-14-1-13.
(b) "Person", for purposes of IC 34-24-4 and IC 34-28-7, means:
(1) an individual;
(2) a governmental entity;
(3) a corporation;
(4) a firm;
(5) a trust;
(6) a partnership; or
(7) an incorporated or unincorporated association that exists
under or is authorized by the laws of this state, another state, or a
foreign country.
(c) "Person", for purposes of section 44.8 of this chapter, means an
adult or a minor.
(d) "Person", for purposes of IC 34-26-4, has the meaning set forth
in IC 35-41-1-22.
(e) "Person", for purposes of IC 34-30-5, means any of the
following:
(1) An individual.
(2) A corporation.
(3) A partnership.
(4) An unincorporated association.
(5) The state (as defined in IC 34-6-2-140).
(6) A political subdivision (as defined in IC 34-6-2-110).
(7) Any other entity recognized by law.
(f) "Person", for purposes of IC 34-30-6, means an individual, a
corporation, a limited liability company, a partnership, an
unincorporated association, or a governmental entity that:
(1) has qualifications or experience in:
(A)
storing, transporting, or handling a hazardous substance or
compressed gas;
(B) fighting fires;
(C) emergency rescue; or
(D) first aid care; or
(2) is otherwise qualified to provide assistance appropriate to
remedy or contribute to the remedy of the emergency.
(g) "Person", for purposes of IC 34-30-18, includes:
(1) an individual;
(2) an incorporated or unincorporated organization or association;
(3) the state of Indiana;
(4) a political subdivision (as defined in IC 36-1-2-13);
(5) an agency of the state or a political subdivision; or
(6) a group of such persons acting in concert.
(h) "Person", for purposes of sections 42, 43, 69, and 95 of this
chapter, means an individual, an incorporated or unincorporated
organization or association, or a group of such persons acting in
concert.
(i) "Person", for purposes of IC 34-30-10.5, means the following:
(1) A political subdivision (as defined in IC 36-1-2-13).
(2) A volunteer fire department (as defined in IC 36-8-12-2).
(3) An employee of an entity described in subdivision (1) or (2)
who acts within the scope of the employee's responsibilities.
(4) A volunteer firefighter (as defined in IC 36-8-12-2) who is
acting for a volunteer fire department.
(5) After March 31, 2002, a corporation, a limited liability
company, a partnership, an unincorporated association, or any
other entity recognized by law.
SOURCE: IC 34-28-7; (06)HB1028.2.3. -->
SECTION 3. IC 34-28-7 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]:
Chapter 7. Possession of Firearms on Certain Property
Sec. 1. This chapter applies only to possession of a firearm by an
individual who may legally possess a firearm.
Sec. 2. (a) Notwithstanding any other law and except as
provided in subsection (b), a person may not adopt or enforce a
policy or rule that prohibits or has the effect of prohibiting an
individual from possessing:
(1) a loaded or unloaded handgun; or
(2) an unloaded rifle or shotgun;
that is locked in the individual's motor vehicle while the motor
vehicle is in or on the person's property.
(b) Subsection (a) does not apply to an individual who possesses
a firearm:
(1) on school property or on a school bus in violation of
IC 20-33-8-16 or IC 35-47-9;
(2) on the property of:
(A) a child caring institution;
(B) an emergency shelter care child caring institution;
(C) a private secure facility;
(D) a group home; or
(E) an emergency shelter care group home;
in violation of 470 IAC 3-11-80, 470 IAC 3-12-79, 470
IAC 3-13-80, 470 IAC 3-14-78, or 470 IAC 3-15-77;
(3) on the property of a penal facility (as defined in
IC 35-41-1-21);
(4) on the property of an oil refinery; or
(5) in violation of federal law.
Sec. 3. (a) An individual may bring a civil action to enforce
section 2 of this chapter.
(b) If a person violates section 2 of this chapter, the court, in an
action brought under subsection (a), may do the following:
(1) Award:
(A) actual damages; and
(B) court costs and attorney's fees;
to the prevailing individual.
(2) Enjoin further violations of this chapter.
Sec. 4. This chapter does not limit a person's rights or remedies
under any other state or federal law.
Sec. 5. A person is not liable for any injury or damage resulting
from the person's compliance with section 2 of this chapter.
SOURCE: IC 35-41-3-2; (06)HB1028.2.4. -->
SECTION 4. IC 35-41-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) A person is
justified in using reasonable force against another person to protect the
person or a third person from what the person reasonably believes to be
the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force;
only and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent
serious bodily injury to the person or a third person or the commission
of a forcible felony. No person in this state shall be placed in legal
jeopardy of any kind whatsoever for protecting the person or a third
person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force,
against another person;
and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent
or terminate the other person's unlawful entry of or attack on the
person's dwelling,
or curtilage,
or occupied motor vehicle.
(c) With respect to property other than a dwelling,
or curtilage,
or
an occupied motor vehicle, a person is justified in using reasonable
force against another person if the person reasonably believes that the
force is necessary to immediately prevent or terminate the other
person's trespass on or criminal interference with property lawfully in
the person's possession, lawfully in possession of a member of the
person's immediate family, or belonging to a person whose property the
person has authority to protect. However, a person:
(1) is
not justified in using deadly force;
unless and
(2) does not have a duty to retreat;
only if that force is justified under subsection (a).
(d) A person is justified in using reasonable force, including deadly
force, against another person
and does not have a duty to retreat if
the person reasonably believes that the force is necessary to prevent or
stop the other person from hijacking, attempting to hijack, or otherwise
seizing or attempting to seize unlawful control of an aircraft in flight.
For purposes of this subsection, an aircraft is considered to be in flight
while the aircraft is:
(1) on the ground in Indiana:
(A)
after the doors of the aircraft are closed for takeoff; and
(B) until the aircraft takes off;
(2) in the airspace above Indiana; or
(3) on the ground in Indiana:
(A) after the aircraft lands; and
(B)
before the doors of the aircraft are opened after landing.
(e) Notwithstanding subsections (a), (b), and (c), a person is not
justified in using force if:
(1) the person is committing or is escaping after the commission
of a crime;
(2) the person provokes unlawful action by another person with
intent to cause bodily injury to the other person; or
(3) the person has entered into combat with another person or is
the initial aggressor unless the person withdraws from the
encounter and communicates to the other person the intent to do
so and the other person nevertheless continues or threatens to
continue unlawful action.
(f) Notwithstanding subsection (d), a person is not justified in using
force if the person:
(1) is committing, or is escaping after the commission of, a crime;
(2) provokes unlawful action by another person, with intent to
cause bodily injury to the other person; or
(3) continues to combat another person after the other person
withdraws from the encounter and communicates the other
person's intent to stop hijacking, attempting to hijack, or
otherwise seizing or attempting to seize unlawful control of an
aircraft in flight.