Return










March 8, 2010
The Indiana Court of Appeals has issued a ruling pertaining to police searchs as related to persons having a License to Carry Haandgun http://www.thenewspaper.com/news/30/3072.asp


March 18, 2010
Today, Governor Daniels signed HB 1065 into law. The bill will be engrossed and take effect in June, 2010

March 6, 2010
HB 1065, Various Provisions Concerning Firearms, is through the conference process and has been passed by both the Indiana House and the Senate. The law will prohibit State and local governments from seizing lawfully possed firearms during a declared emergency. Such restriction already exists under US Code pertaining to Federal agencies. The new law will also allow employees to keep lawfully possessed firearms locked in their vehicles on their employer's property, with some exceptions. Final votes were:





March 2, 2010
HB 1068 was signed by Governor Mitch Daniels on March 12, 2010

HB 1068, which relieves the Indiana State Police (ISP) of the obligation to release the personal information of holders of an Indiana License to Carry Handgun has passed both Houses of the Indiana Legislature and has been enrolled as law. Information of a statistical nature may still be released. Votes and final action were:








January 28, 2010

In this the 116th Indiana House of Representatives, Second Regular Session, legislation favorable to the rights of law abiding citizens to keep and bear arms and to participate in the hunting and shooting sports were passed. SB 25, to allow firearms to be secured in employees' cars on company property; HB 1065, Various Provisions Concerning Firearms, and HB 1068, Access to Handgun License Information, all passed in the Senate.

Representative Koch provided a copy of proposed HB 1011. [Died in committee] The Bill, if enacted without changes, will adequately protect the right of law abiding citizens to protect themselves and their families during declared emergencies. This legislation is needed if such as shown in Local Judge Rules is to be overcome. Sometimes it is difficult to be sure of ones Representative in the Indiana House, particularly in the larger cities. it can be done by visiting the legislative section of Indiana Government Site. The process can be confusing because sometimes a street may seperate a legislative district. Best bet, if one does not have a lot of time to expend, search by address and zip code and send letters of support for Bill 1011 to all Reps identified.

Check these:

The Attack is On
Never Again
Here They Come Again


TWO IMPORTANT BILLS SIGNED

On March 21, 2006, Governor Daniels signed two bills into law. Old Sarge was honored to have received an invitation to attend the signing. The Governor's comments made clear to a group that packed his office his clear support of law abiding Indiana citizens to keep and bear arms.

Engrossed Bill 1176 made optional a lifetime permit to carry a concealed firearm. Indiana is the first state to do so.

Also signed was Engrossed Bill 1028. The Bill is similar to Florida's "Castle Doctrine." It made clear the right to self-defense using a firearm and affords protection to a citizen who exercises that right within the law. Some information follows but may not represent the most recent changes to the bill. The cited Codes must be reviewed to learn the final word.


February 24, 2006






ENGROSSED


HOUSE BILL No. 1028


_____


DIGEST OF HB 1028 (Updated February 21, 2006 3:10 pm - DI 106)

Citations Affected:

IC 35-41.

Synopsis: Firearms and self-defense. 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, Thomas
(SENATE SPONSORS _ NUGENT, STEELE, DROZDA, HUME, WATERMAN, WALTZ, MEEKS, BRAY, HERSHMAN)




    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.
    January 31, 2006, engrossed.
    February 1, 2006, read third time, passed. Yeas 82, nays 18.

SENATE ACTION

    February 6, 2006, read first time and referred to Committee on Legislative Rules and Procedure.
    February 9, 2006, pursuant to Senate Rule 65(b), reassigned to Committee on Corrections, Criminal, and Civil Matters.
    February 23, 2006, amended, reported favorably _ Do Pass.





February 24, 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.
ENGROSSED

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 35-41-3-2; (06)EH1028.1.1. -->     SECTION 1. 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.


TOP