Friday, January 26, 2018

IN: Constitutional Carry Re-Introduced HB1022




Indiana Representative Jim Lucas has re-introduced a Constitutional Carry bill in the Indiana legislature.

In 2017, Lucas lead the fight to bring Constitutional Carry to Indiana. He was heavily opposed by the Indiana Media. He fought back by proposing a bill to require professional journalists to be fingerprinted and submit an application to the state to be approved for a journalist license, in order to exercise their freedom of the press. 

It was a nice bit of satire, fighting back against an agenda driven media.

While the Constitutional Carry bill did not pass, a non-scientific poll at wane.com showed 84% in favor of the bill. 

A legislative study committee recommended that the 2018 legislature "remove hurdles" to carrying a handgun. The vote was 15 -5 on 30 October, 2017.  From nwi.com:
INDIANAPOLIS — The General Assembly next year is likely to consider legislation to eliminate Indiana's licensing requirement for carrying a handgun in public.

A legislative study committee on Monday recommended state lawmakers "should remove hurdles" that limit the ability of Hoosiers to exercise their constitutional rights relating to firearms.

The Joint Committee on Judiciary and Public Policy did not specifically call for ending handgun carry licenses. In fact, it urged the current license system be maintained for individuals who want a reciprocal license to carry in states that require licensing.
On 11 January, 2018, HB 1022 was introduced. First reading on 11 January, the bill was refereed to th Committee on Public Policy. Here is the summary of the bill. From in.gov:
Right to carry a handgun. Repeals the law that requires a person to obtain a license to carry a handgun in Indiana. Specifies that certain persons who are not otherwise prohibited from carrying or possessing a handgun are not required to obtain or possess a license or permit from the state to carry a handgun in Indiana. Prohibits certain individuals from knowingly or intentionally carrying a handgun. Creates the crime of "unlawful carrying of a handgun". Provides that a prohibited person who knowingly or intentionally carries a handgun commits a Class A misdemeanor. Specifies that the unlawful carrying of a handgun is a Level 4 felony when a person: (1) is less than 23 years of age; and (2) has an adjudication as a delinquent child for an act described by IC 35-47-4-5 (unlawful possession of a firearm by a serious violent felon). Allows a resident of Indiana who wishes to carry a firearm in another state under a reciprocity agreement entered into by Indiana and the other state to obtain from the superintendent of the state police department a reciprocity license. Provides that a reciprocity license is valid for five years. Requires law enforcement agencies to make use of certain data bases when issuing handgun licenses. Makes conforming amendments.
Indiana has super-majorities of Republicans in the legislature. 70 of 100 representatives are Republicans in the House, and 41 of 50 senators are Republicans in the Senate.

 Constitutional Carry is proving popular with state legislators. In 2002 only Vermont had Constitutional Carry.

 Constitutional Carry is the right to carry a handgun openly or concealed in most public places, without a government permission slip.

It existed throughout the nation when the Bill of Rights was ratified in 1791.

 In 2003, Alaska passed the reform to restore the exercise of Second Amendment rights. In 2010, Arizona passed Constitutional Carry. In 2011, Wyoming, in 2013, Arkansas passed Act 746 into law. It is effectively Constitutional Carry, but is disputed by some county prosecutors. in 2015, Kansas, and Maine joined the Constitutional Carry club. In 2016, Idaho, Missouri, West Virginia, and Alabama enacted Constitutional Carry. In 2017, New Hampshire, and North Dakota were added to the list.

There are now 13 states with Constitutional Carry, as many as the original 13 states that ratified the United States Constitution.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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