2008 Indiana Bills

[kludge]

Here's what's out there:

http://www.in.gov/apps/lsa/session/...ssion=1&request=getBill&doctype=SB&docno=0065

Possession of handguns. Provides that a person who possesses a valid Indiana license to carry a handgun may not be prohibited from possessing a handgun on land or in buildings and other structures owned or leased by: (1) the state or a political subdivision of the state; or (2) a nonpublic elementary school, nonpublic secondary school, or nonpublic postsecondary educational institution. Provides exceptions for airports and penal facilities.​

http://www.in.gov/apps/lsa/session/...ssion=1&request=getBill&doctype=SB&docno=0066

Firearms in locked vehicles. Prohibits a person from adopting or enforcing a policy or rule that prohibits or has the effect of prohibiting an individual from legally possessing a firearm that is locked in the individual's vehicle while the vehicle is in or on the person's property. Excepts possession of a firearm: (1) on school property or a school bus; (2) on certain child care and shelter facility property; (3) on penal facility property; and (4) in violation of federal law. Provides that a person who, in compliance with the prohibition, does not adopt or enforce such a policy or rule is not liable for resulting injury or damage. Authorizes a civil action for damages, costs, attorney's fees, and injunctive relief to remedy a violation.
​

http://www.in.gov/legislative/bills/2008/IN/IN1040.1.html

Hidden compartments in vehicles. Prohibits a person from owning or operating a vehicle equipped with a hidden compartment. Increases the penalty for certain drug offenses if the drugs are transported in a vehicle equipped with a hidden compartment. Permits the seizure of a vehicle equipped with a hidden compartment.​

(Talk about malum prohibitum! I wonder if this would mean I can't create a "hidden" storage compartment to hold my gun while it is locked in my vehicle? What constitutes hidden? I can't even find a IC 35-41-1-13.5)

http://www.in.gov/legislative/bills/2008/IN/IN0085.1.html

Ballistic knives. Prohibits the manufacture, possession, or sale of a ballistic knife. Legalizes knives with blades that open automatically.

(Would legalize knives that "open automatically" but prohibit "ballistic knives." Catch 22?)

http://www.in.gov/apps/lsa/session/...ssion=1&request=getBill&doctype=HB&docno=1043

Regulation of firearms during an emergency. Prohibits the state, a political subdivision, or any other person from prohibiting or restricting the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during a declared disaster emergency, energy emergency, or local disaster emergency. Repeals provisions that allow certain political subdivisions to adopt emergency ordinances to regulate firearms if a local disaster emergency has been declared.​

 

[jzimm9mm]

Some of those sound great. Thanks for posting! Time to send off some letters of support.

Jer..

 

[Standing Wolf]

Prohibits a person from owning or operating a vehicle equipped with a hidden compartment. Increases the penalty for certain drug offenses if the drugs are transported in a vehicle equipped with a hidden compartment. Permits the seizure of a vehicle equipped with a hidden compartment.

No mere commoner has a right to try to hide from the all-wise, all-powerful state!

 

[El Tejon]

The "hidden compartment" nonsense is a bleed over from next door (Illinois).

It's support comes from the state police as a pretext to search more cars without warrant. They have wanted a way to stop and search all cars with Illinois plates or driven by certain ethnicities. This bill gives them that.

The silly ballistic law "ban" is a non-action filler in order to lift the inane prohibition of "switchblades". Long past time for this to happen.

 

[kludge]

The "hidden compartment" is of particular interest to me since I am a Jeep owner, where I have no method of protection for anything valuable left behind in my Jeep.

The best solution is a hidden compartment. Even steel lock boxes will be pried... since the crook assumes you have something valuable inside.

Funny how crooks slash your plastic windows instead of just unzipping them.

Next they'll ban hidden compartments in my house.

Now back to you regularly scheduled gun-related thread.

 

[kludge]

The silly ballistic law "ban" is a non-action filler in order to lift the inane prohibition of "switchblades". Long past time for this to happen.

Agreed, but isn't there a federal law regarding "switchblades"?

 

[Jeff White]

El Tejon said;

It's support comes from the state police as a pretext to search more cars without warrant. They have wanted a way to stop and search all cars with Illinois plates or driven by certain ethnicities. This bill gives them that.

Not that I understand Indiana law (being from Illinois and all) but I don't see how this law gives the police right to search anything without a warrant. I also don't see any provision making suspicion of a hidden compartment in a vehicle probable cause for a stop.

What I do see is the state giving itself the power to seize vehicles that have hidden compartments in them and the ability to enhance charges against people discovered in vehicles with hidden compartments. Looks like more billable hours for you.

Jeff

 

[mp510]

Ballistic knives. Prohibits the manufacture, possession, or sale of a ballistic knife. Legalizes knives with blades that open automatically.

(Would legalize knives that "open automatically" but prohibit "ballistic knives." Catch 22?)

Ballistic knives expel a blade as a projectile. They are presently illegal under federal law, and most of those made when they were legal, were junk.
This legislation is actually beneficial.

 

[kludge]

wrt hidden caompartments... Instead of making an asinine new law to tack on more time to a criminals sentence, why don't they just pass a law to increase the time of the sentence of the actual crime?

This legislation is actually beneficial.

Agreed, I mentioned the catch 22 in case there was something I wasn't getting.

Could a taser be considered or interpreted as a ballistic knife?

 

[loki.fish]

http://www.in.gov/apps/lsa/session/b...=SB&docno=0066

Firearms in locked vehicles. Prohibits a person from adopting or enforcing a policy or rule that prohibits or has the effect of prohibiting an individual from legally possessing a firearm that is locked in the individual's vehicle while the vehicle is in or on the person's property. Excepts possession of a firearm: (1) on school property or a school bus; (2) on certain child care and shelter facility property; (3) on penal facility property; and (4) in violation of federal law. Provides that a person who, in compliance with the prohibition, does not adopt or enforce such a policy or rule is not liable for resulting injury or damage. Authorizes a civil action for damages, costs, attorney's fees, and injunctive relief to remedy a violation

If I'm reading this right, this means I'm allowed to have my handgun in my locked vehicle while I'm at work with no risk of losing my job if my Employer learns about it?

 

[The Wiry Irishman]

Possession of handguns. Provides that a person who possesses a valid Indiana license to carry a handgun may not be prohibited from possessing a handgun on land or in buildings and other structures owned or leased by: (1) the state or a political subdivision of the state; or (2) a nonpublic elementary school, nonpublic secondary school, or nonpublic postsecondary educational institution. Provides exceptions for airports and penal facilities.

Would this mean I could start carrying on the Purdue campus? It sounds like it to me, but I'm real sleepy right now...

 

[El Tejon]

Jeff, the law did not give the police to search cars without a warrant--the Supreme Court did.

The police do not need probable cause to stop (only reasonable suspicion). Police ubersecret training in detecting "hidden compartments" will be used as a basis to search vehicles with Illinois plates. Ahhh, the tautology of search and seizure.

Wiry, wait until something is passed but unlikely. Your student goverment and the administration control your regs. May be no criminal statute against it, but PU could kick you gun lovers out of school.

 

[Jeff White]

El Tejon,
On the West side of the Wabash, the kind of searches where you'd find a hidden compartment almost always involve a warrant, guess sometimes it's better to err on the side of caution.

As for stopping a car you suspect had a hidden compartment on reasonable suspicion, I'd really like to see someone articulate that in a report. Somehow I don't think a judge is going to buy; "based on my X number of years as a police officer and x number of drug interdiction arrests I have concluded that maroon '91 Oldsmobiles with Illinois occupied by people of X ethnic persuasion is likely to have an illegal hidden compartment, so I stopped the vehicle."

Like I said, think how many trips to Thunder Ranch you will be able to make with all the new motions to suppress you're going to file.

Jeff

 

[The Wiry Irishman]

Wiry, wait until something is passed but unlikely. Your student goverment and the administration control your regs. May be no criminal statute against it, but PU could kick you gun lovers out of school.

Yeah, I realize I'd have to wait to see if it passes, but wouldn't a Purdue policy saying "if we catch you with a gun, even if you have a permit, we'll kick you out" effectively be a prohibition on carrying that this bill forbids?

I've got a feeling Purdue would gladly kick out anyone with a CCW and make them test legality of the matter in court. I don't really want to be that guy.

 

[6_gunner]

This sounds like good news, except for the hidden compartment crap.

So, this would legalize automatic knives, right?

Would this also allow concealed carry at private universities?

Was carrying at private universities previously prohibited? I'd always assumed so, but I wasn't sure.

 

[kludge]

Would this also allow concealed carry at private universities?

Was carrying at private universities previously prohibited? I'd always assumed so, but I wasn't sure.

To my knowledge this has never been defined in a court case. The law merely says "school". This type of law is required to get funding from the federal gov't.

Many people (including myself) assume this means K-12.

IC 35-47-9 Chapter 9. Possession of Firearms on School Property and School Buses

IC 35-47-9-1
Exemptions from chapter
Sec. 1. This chapter does not apply to the following:
<snip>
(3) A person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle that is being operated by the person to transport another person to or from a school or a school function.

IC 35-47-9-2
Possession of firearms on school property, at school function, or on school bus; felony
Sec. 2. A person who possesses a firearm:
(1) in or on school property;
(2) in or on property that is being used by a school for a school function; or
(3) on a school bus;
commits a Class D felony.

 

[El Tejon]

Jeff, West Lafayette? Why would they care about this legislation?

WLPD is attempting to get their house back in order after the chaos of the last mayor. A new chief and mayor due 01/01/08 will help them. The legislation is being pushed by the Indiana State Police and it is I-65 out of Chicago that they wish to control not West Lafayette.

I think you misunderstood (or, I was not clear). State police will not stop a car for a "hidden compartment". They will stop for speeding, a license plate light (oh, those fragile bulbs that they put in there, just don't show up on video), the heinous offense of OWB, or 72 other traffic infractions.

The stop for "speeding" (and yes, I know pretext stops were held okey-dokey) and this suddenly probable cause will reach out and hit the trooper up side the head as they sat through a six hour seminar at Plainfield about "Hidden Compartments & You" put on by DEA or FBI or Chicago PD. And viola! Because of their "training and experience" or Chompy the Wonder Dog told them (well sometimes Chompy uses his paws in ASL) that there is a hidden compartment in the car, their search will be upheld. (If the prosecutor references "highly trained police" or "police training" less than 20 times during a Motion to Suppress hearing, I have to buy the court reporter coffee).

Maybe it's my profession but this smells like something that has a ginormous potential for abuse. Color me cynical.

More laws are good for tactical golf vacations, but the more laws, the less justice. *Grumble, grumble*

Just look at how these morons define "Hidden Compartment":

Sec. 13.5. "Hidden compartment" means an enclosure that is integrated into a motor vehicle and is:
(1) designed to conceal the enclosure and any contents of the enclosure; and
(2) installed in the motor vehicle after the original manufacture of the motor vehicle.

Gun safe anyone? Gee, anyone in Indiana have a Jeep or SUV with one of those on the floorboard or under the passenger seat so we have a secure place to stash our pistol(s) before we have to go into a courthouse or jail. Hmmm, wonder if anyone here at THR from Indiana has that.

Great, once again, the State is attempting to turn me into a criminal. I'm going to wrap tinfoil around my head and go clean my guns.

(If this silly law does pass, I can hardly wait to have a TR34 video of all the "hidden compartments" in a cop car).

 

[scout26]

I'm going to wrap tinfoil around my head

Remember El T, shiny side out.

If you're not keeping a stash of mexican ditch weed for Chompy to find, how are they going to find your "hidden" compartment ????

And here I thought Chompy was only fluent in German, Mandarin Chinese, Attic Greek and Aramaic. I didn't know he also knew sign language.

So everytime you file a motion to supress you just bring the Court Reporter a cup of Starbucks ????

 

[El Tejon]

scout, because via the po-po's "experience and training" they will be able to eyeball the vehicle and instantly be able to tell if there is a hidden compartment. Likely the compartment's will be found when they are searching for other stuff (including guns). Maybe Officer Chompy will undergo cross training (I just love when the cops have a dog like a multitool, must get them from Gerber or SOG) in compartment detection?

Buy the court reporter coffee? No way, they are always over 20. A couple of the full time attorneys at the Public Defender's Office have a Prosecutor Bingo game that they play with the court staff which can be fun. "Vital protection of our community" or "Highly trained police officer" is always center square.

Officer Chompy and his brother wonderdogs are quite an asset to the community. At a hearing or deposition in the near future I am certain I will learn that he speaks Attic Greek and is a board certified surgeon.

Starbuck's? No, that's all the way across the river. No fun in this cold rain we are having. Just go here, it's just across the street from my office and the courthouse, http://www.javaroaster.net/.