Bill Text: IN SB0304 | 2010 | Regular Session | Introduced
Bill Title: Firearms safety courses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0304 Detail]
Download: Indiana-2010-SB0304-Introduced.html
Citations Affected: IC 35-47-1.5; IC 35-47-2.5-4.
Synopsis: Firearms safety courses. Prohibits a person from: (1)
purchasing a firearm; (2) renting a firearm; or (3) obtaining a firearm
by transfer; after December 31, 2010, unless the person has
successfully completed a firearms safety course conducted by the state
police department or a person authorized by the superintendent of the
state police department to conduct a firearms safety course. Exempts
certain persons from the firearms safety course requirement. Makes it
a Class A misdemeanor for a person to: (1) obtain a firearm; or (2)
provide a firearm to another person; in violation of the firearms safety
course requirement. Requires the state police department to adopt rules
before December 1, 2010, to implement the firearms safety course
requirement.
Effective: Upon passage; July 1, 2010.
January 12, 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 1.5. Firearms Safety Courses
Sec. 1. (a) Except as provided in subsection (c), after December 31, 2010, a person may not:
(1) purchase a firearm;
(2) rent a firearm; or
(3) obtain a firearm by transfer;
unless the person has successfully completed a firearms safety course conducted by the state police department or a person authorized by the superintendent to conduct a firearms safety course.
(b) A person shall be issued a certificate or other documentation upon successful completion of a firearms safety course required under subsection (a).
(c) The following persons are not required to complete a
firearms safety course under this chapter before purchasing a
firearm, renting a firearm, or obtaining a firearm by transfer:
(1) A person who has already successfully completed a
firearms safety course required under subsection (a) at least
one (1) time.
(2) A person who holds a valid license to carry a handgun
issued under IC 35-47-2.
(3) Any of the following persons:
(A) A marshal.
(B) A sheriff.
(C) The commissioner of the department of correction or
a person authorized by the commissioner in writing to
carry firearms.
(D) A law enforcement officer.
(E) A member, retired member, or honorably discharged
member of any of the following:
(i) The United States armed forces or their reserves.
(ii) The Indiana Army National Guard.
(iii) The Indiana Air National Guard.
(F) A member of an organization that is required by
federal law governing its specific business or activity to
maintain handguns and applicable ammunition.
Sec. 2. (a) The state police department shall adopt rules under
IC 4-22-2 to establish the following under this chapter:
(1) A program of instruction and training for firearms safety
courses conducted by:
(A) the state police department, subject to subsection (b);
and
(B) persons authorized by the superintendent to conduct
firearms safety courses.
(2) The procedures for the superintendent to authorize
persons to conduct firearms safety courses.
(3) The minimum requirements necessary for a person to
successfully complete a firearms safety course.
(b) Firearms safety courses conducted by the state police
department under section 1(a) of this chapter:
(1) must be offered to persons free of charge;
(2) may not be more than two (2) hours in duration;
(3) must be conducted or offered at least one (1) time each
week in all geographic areas of Indiana;
(4) must be conducted after regular business hours;
(5) must require a person to attend only for the duration of
the course to complete the course successfully; and
(6) may not require any skills or knowledge testing in the use
of a firearm in order to complete the course successfully.
Sec. 3. (a) A person who knowingly or intentionally:
(1) purchases a firearm;
(2) rents a firearm; or
(3) obtains a firearm by transfer;
in violation of this chapter commits a Class A misdemeanor.
(b) A person who knowingly or intentionally:
(1) sells;
(2) rents; or
(3) transfers;
a firearm to another person in violation of this chapter commits a
Class A misdemeanor.
(1) Obtained from the prospective purchaser:
(A) a completed and signed Form 4473 as specified in section 3 of this chapter; and
(B) after December 31, 2010, a copy of:
(i) the certificate or other documentation issued to the prospective purchaser for successfully completing a firearms safety course required under IC 35-47-1.5; or
(ii) written documentation indicating the prospective purchaser is exempt from the firearms safety course requirement under IC 35-47-1.5 because the prospective purchaser is a person described in IC 35-47-1.5-1(c).
(2) Contacted NICS:
(A) by telephone; or
(B) electronically;
to request a background check on the prospective purchaser.
(3) Received authorization from NICS to transfer the handgun to the prospective purchaser.
(b) The dealer shall record the NICS transaction number on Form 4473 and retain Form 4473 for auditing purposes.
(b) This SECTION expires December 2, 2010.
