The Indiana legislature has passed, and Governor Eric Holcomb signed HB 1284. The bill reforms several areas of Indiana gun law.
HB 1284 passed the House, 80-13 on 11 February, 2019. It passed the Senate, 47-7 on 8 April, 2019. HB 1284 was signed by Governor Holcolmb on 26 April, 2019.
Voter registration forms will now be available with applications for carry permits, by designating the Indiana State Police, Sheriff's offices, and municipal law enforcement agency offices, as voter registration offices.
The legislation creates immunity from civil action when justifiable self defense or defense of others is successfully raised. Those who were justified in self defense are immune from civil suit by a person or person's estate if who was attempting to commit a forcible felony or was attempting to cause, or causing, unlawful serious bodily injury to another person at the time the justified use of force occurred.
The legislation requires a court to award, in certain instances, reasonable costs and attorney's fees to the defendant, when the justifiable force defense is raised and is successful.
The legislation increases the term of handgun and carry licenses from four to five years. Five years is becoming the de facto national standard.
The legislation eliminates the fee for a five year license, as of 30 June, 2020. The current fee is $40. The application fee for a lifetime license will be reduced from $175 to $125, or $100, if the applicant has a valid Indiana handgun license. Licenses restricted to target shooting or hunting have also had their fees reduced. It appears the current $9.99 fee for fingerprinting may be eliminated. The new law states:
(c) This subsection applies after June 30, 2020.The law enforcement agency which accepts an application for a handgun license shall not collect a fee from a person applying for a five (5) year handgun license and shall collect the following application fees:There does not appear to be any mention of fingerprint fees. Shall not collect a fee is strong legal language.
HB 1284 also requires that when an application for a carry permit is made to a law enforcement officer, the officer must check local state and federal criminal history data banks. Those data banks include the National Instant background Check System run by the FBI.
The Indiana lifetime permit seems a real bargain, eliminating the problems with continually having to re-apply to be able to exercise Second Amendment rights will be worth paying a one time fee of $125 or $100 to many people.
HB 1284 also reforms the law to remove the restriction on the legal carry of firearms to houses of worship that are located on school property, if the persons carrying the firearm are attending the worship services, carrying out official duties, or employed or a volunteer at the house of worship.
The push for Constitutional Carry appears to have died with the end of the current legislative session. The removal of the requirement to pay a fee to exercise Second Amendment rights is a incremental move toward Constitutional Carry.
The 16 states that have generally restored Constitutional Carry do not require a permission slip from the government to carry a handgun in public areas, either openly or concealed.
At the time of the ratification of the Bill of Rights, the States did not require permits for the carry of weapons, either openly, or concealed.
©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.
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2 comments:
If you have to get someone's permission, pay a fee, pass a background check, or get training in order to exercise a right then it's not a right.
The point of the bill of rights was to force government to recognize and protect the rights every one had before the constitution existed All rights are recognized to be equal, That means when one right says shall not be infringed no rights can be infringed. It is the way the English language was used in 1787-1791. If they wrote shall not be infringed on every right, explained everything in detail the constitution would have wound up to heavy to carry. Shall Not is an absolute legal command. In other words a Big No-no. Of course with more than 3 generations since Civics was a required course in High school This is what constitutionally illiterate morons look like. We are a nation of laws not opinions of what each person thinks the law should be.
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