Bill Text: IN SB0276 | 2010 | Regular Session | Introduced
Bill Title: Indiana firearms freedom act.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-01-11 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0276 Detail]
Download: Indiana-2010-SB0276-Introduced.html
Citations Affected: IC 35-47-16.
Synopsis: Indiana firearms freedom act. Provides that a firearm, a
firearm accessory, or ammunition that: (1) is manufactured
commercially or privately in Indiana from basic materials; (2) can be
manufactured without the inclusion of any significant parts imported
from another state; and (3) remains within the borders of Indiana; is not
subject to federal law or federal regulation, including registration,
under the authority of the United States Congress to regulate interstate
commerce.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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.
Chapter 16. Indiana Firearms Freedom Act
Sec. 1. (a) Except as provided in subsection (b), this chapter applies to firearms, firearm accessories, and ammunition that are:
(1) manufactured in Indiana:
(A) from basic materials; and
(B) without the inclusion of any significant parts imported from another state; and
(2) retained in Indiana;
after October 1, 2010.
(b) This chapter does not apply to the following:
(1) A firearm that cannot be carried and used by only one (1) person.
(2) A firearm that:
(A) has a bore diameter greater than one and one-half (1.5)
inches; and
(B) uses smokeless powder and not black powder as a
propellant.
(3) A firearm that discharges at least two (2) projectiles with
one (1) activation of the trigger or other firing device.
(4) Ammunition with a projectile that explodes using an
explosion of chemical energy after the projectile leaves the
firearm.
Sec. 2. As used in this chapter, "borders of Indiana" means the
boundaries of Indiana described in Article 14, Section 1, of the
1851 Constitution of the State of Indiana.
Sec. 3. (a) As used in this chapter, "firearm accessory" means
an item that is:
(1) used in conjunction with or mounted upon; and
(2) not essential to the basic function of;
a firearm.
(b) The term includes telescopic or laser sights, magazines, flash
or sound suppressors, folding or aftermarket stocks and grips,
speedloaders, ammunition carriers, and lights for target
illumination.
Sec. 4. As used in this chapter, "generic and insignificant part"
includes a spring, screw, nut, or pin.
Sec. 5. (a) As used in this chapter, "manufacture" means to
create a firearm, a firearm accessory, or ammunition from basic
materials for functional usefulness.
(b) The term includes forging, casting, machining, or another
process used for working basic materials.
Sec. 6. (a) A firearm, a firearm accessory, or ammunition that:
(1) is manufactured commercially or privately in Indiana; and
(2) remains within the borders of Indiana;
is not subject to federal law or federal regulation, including
registration, under the authority of the United States Congress to
regulate interstate commerce. The general assembly declares that
ammunition, firearms, or firearm accessories, described in this
subsection have not traveled in interstate commerce.
(b) A generic and insignificant part:
(1) used to manufacture a firearm, a firearm accessory, or
ammunition; and
(2) that has manufacturing or consumer product applications
in addition to its use in manufacturing firearms, firearm
accessories, or ammunition;
is not a firearm, a firearm accessory, or ammunition, and its
importation into Indiana and incorporation into a firearm, a
firearm accessory, or ammunition manufactured in Indiana does
not subject the firearm, firearm accessory, or ammunition to
federal regulation.
(c) The general assembly declares that basic materials used to
manufacture a firearm, a firearm accessory, or ammunition,
including unmachined steel and unshaped wood, are not:
(1) firearms, firearm accessories, or ammunition; and
(2) subject to the authority of the United States Congress to
regulate firearms, firearm accessories, and ammunition under
interstate commerce as if the basic materials were firearms,
firearm accessories, or ammunition.
The authority of the United States Congress to regulate interstate
commerce in basic materials does not include authority to regulate
firearms, firearm accessories, and ammunition made in Indiana
from the basic materials described in this subsection.
(d) A firearm accessory that is:
(1) imported into Indiana from another state;
(2) attached to or used in conjunction with a firearm in
Indiana; and
(3) subject to federal regulation as being in interstate
commerce;
does not subject a firearm to federal regulation under interstate
commerce because the firearm accessory is attached to or used in
conjunction with a firearm in Indiana.
Sec. 7. A firearm described in section 1(a) of this chapter must
have the words "Made in Indiana" clearly stamped on a central
metallic part, such as the receiver or frame of the firearm, to be
subject to this chapter.
Sec. 8. The general assembly declares that the authority for
enforcing this chapter is derived from the following:
(1) The Tenth Amendment to the Constitution of the United
States:
(A) guarantees to the states and their people all powers not
granted to the federal government elsewhere in the
Constitution of the United States; and
(B) reserves to the state and people of Indiana certain
powers as they were understood at the time that Indiana
was admitted to statehood in 1816.
The guaranty of those powers is a matter of contract between
the state and people of Indiana and the United States as of the
time that the compact with the United States was agreed upon
and adopted by Indiana and the United States in 1816.
(2) The Ninth Amendment to the Constitution of the United
States:
(A) guarantees to the people rights not granted in the
Constitution of the United States; and
(B) reserves to the people of Indiana certain rights as they
were understood at the time that Indiana was admitted to
statehood in 1816.
The guaranty of those rights is a matter of contract between
the state and people of Indiana and the United States as of the
time that the compact with the United States was agreed upon
and adopted by Indiana and the United States in 1816.
(3) The regulation of intrastate commerce is vested in the
states under the Ninth Amendment and Tenth Amendment to
the Constitution of the United States, particularly if not
expressly preempted by federal law. The United States
Congress has not expressly preempted state regulation of
intrastate commerce pertaining to the manufacture on an
intrastate basis of firearms, firearm accessories, and
ammunition.
(4) The Second Amendment to the Constitution of the United
States reserves to the people the right to keep and bear arms
as that right was understood at the time that Indiana was
admitted to statehood in 1816 and the guaranty of the right is
a matter of contract between the state and people of Indiana
and the United States as of the time that the compact with the
United States was agreed upon and adopted by Indiana and
the United States in 1816.
(5) Article 1, Section 32 of the 1851 Constitution of the State
of Indiana clearly secures to Indiana citizens the right of
individual Indiana citizens to keep and bear arms. This
constitutional protection is unchanged from Article 1, Section
20 of the 1816 Constitution of the State of Indiana, which was
approved by the United States Congress and the people of
Indiana, and the right exists as it was understood at the time
that the compact with the United States was agreed upon and
adopted by Indiana and the United States in 1816.
