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Indiana Legislation Jan 2007

Discussion in 'Legal' started by txgho1911, Jan 15, 2007.

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  1. txgho1911

    txgho1911 Member

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    Read em and bear in mind that some of this legislation is aimed at Indianapolis specifically and RKBA in general across the state.

    http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2007&session=1&request=all

    This listing includes all proposed legislation for this year. This is a new House with many new Dem Representatives with new leadership in the House and Senate. This means there will be some laws pushed much farther than they have been allowed to go in the past.

    SB 0018 -- Handgun sales. "Corrects the law passed last year that included sending a copy of 4473 to Indiana SP"

    HB 1200 does the same thing as SB 0018

    HB 1011 -- Regulation of firearms during an emergency. "Would bar any and all gov state to local from imposing any added restrictions on the sale, use, possession of firearms."

    HB 1089 -- Local regulation of firearms.
    Authored by Representative Orentlicher
    "Indianapolis/Marion county total and complete exemption from the current state pre-emption. This is one we should in all directions have various reps embrace with amendments to remove the grandfather date currently in statute and maybe give it some teeth."

    HB 1090 -- Sale of handguns.
    Authored by Representative Orentlicher
    "Muddies the water in relation to gunshow vendors. Mandates one handgun a month.

    HB 1118 -- Possession of firearms on certain property. "Safe storage of firearms in POV at employers property and for visitors of such."

    Also there are several measures concerning Illegal aliens.
     
  2. txgho1911

    txgho1911 Member

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    As I understand how communications works when expressing views to legislators an email is worthless.

    Faxes may be 100x the value in the email.

    A hand written letter less than one page may be worth 100x a fax.

    A personal visit to the legislators office may be worth as much or more than a handwritten letter.



    The letter I am speaking of is not typed or a copy. Typed and copied may weigh somewhere between a fax and an email.



    I mean this only as a guide for meaning full expression. I am sure I am not accurate in these ratings and those who know where to look them up can reply to correct me.
     
  3. El Tejon

    El Tejon Member

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    Let's get to work.:)
     
  4. antsi

    antsi Member

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    Clarifications, please:

    -----quote-----------
    HB 1089 -- Local regulation of firearms.
    Authored by Representative Orentlicher
    "Indianapolis/Marion county total and complete exemption from the current state pre-emption. This is one we should in all directions have various reps embrace with amendments to remove the grandfather date currently in statute and maybe give it some teeth."
    ----------------------

    Does this prevent or allow Indianapolis socialists passing more restrictive gun laws than the rest of the state?

    ---------quote--------------
    HB 1090 -- Sale of handguns.
    Authored by Representative Orentlicher
    "Muddies the water in relation to gunshow vendors. Mandates one handgun a month.
    -----------------------------

    So, everyone has to buy at least one handgun per month? ;)

    ---------quote--------------
    HB 1118 -- Possession of firearms on certain property. "Safe storage of firearms in POV at employers property and for visitors of such."
    -----------------------------

    Is this meant to address employers who have policies against employees CCW on company property? Essentially forcing them to accommodate those who want to CCW to and from work? If so, I would really welcome this change because an anti-CCW employer really inconveniences one's right to carry.

    ALSO: if anyone is familiar with the Indiana legislative scene, which of these laws have better or worse chances of actually passing?
     
  5. El Tejon

    El Tejon Member

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    antsi,

    1. Allows.
    2. I read "mandate" to mean that the State of Indiana should give me a pistol a month.
    3. Yes.

    Extremely low chance of first two, but everyone needs to write, call and write again, and get a friend involved. E-mails are easier ignored, send a letter.
     
  6. txgho1911

    txgho1911 Member

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    The only activity so far scheduled for firearms related bills are as follows. I will monitor the committee schedules for other events of interests.

    AGENDA FOR: Commerce, Public Policy & Interstate Cooperation

    MEETING: January 17, 130PM, Room #233

    CHAIR: Senator Riegsecker

    MEMBERS: Becker R.M., Jackman, Merritt, Steele, Walker, Weatherwax, Howard R.M.M., Breaux, Rogers, Simpson

    AGENDA: SB 0018 SB 0180

    NOTES: Note: Room change
     
  7. antsi

    antsi Member

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    Legal/legislative experts, please review and comment:

    Dear Representative XXXXX,

    I am writing you about some proposed legislation that I am concerned about.

    HB1011 restricts government authorities from confiscating the firearms of law-abiding citizens in an emergency, as was done in New Orleans after Hurricane Katrina. I strongly support this bill. I think it is particularly important that law-abiding citizens be able to defend themselves and maintain order in circumstances when government agencies are unable to function.

    HB1089 would allow Marion County to write its own gun laws, making them stricter than state law. I think this would be a terrible mistake. I used to live in Illinois, where the gun laws were a confusing patchwork from one community to another and an honest law-abiding citizen could accidentally become a criminal just by driving through a more restrictive town or crossing the street from one jurisdiction to another. Law-abiding gun owners have the right to clear, simple, and consistent gun laws.

    HB1118 would allow gun owner employees to secure their firearms in their vehicles while parked on employers’ property. I would really like to see this law passed. I have a concealed handgun permit and appreciate the freedom to be able and ready to protect myself and my family from criminal violence. However, this right is highly restricted by my employer’s anti-gun policies. I believe my employer is mostly motivated by fears of legal liability. This bill would immunize my employer, while allowing me to be able to maintain my personal protection on my way to and from work.

    As you know, our rights and freedoms can be enhanced and strengthened, or fatally weakened, by the laws and regulations under which we exercise them. The best and first defense against criminal violence is to strengthen and promote the law-abiding majority in the community. Supporting HB1011 and HB1118, and defeating HB1089, would enhance the rights of responsible, law-abiding gun owners and strengthen our communities. I hope you will support the passage of HB1011 and HB1118, while working to defeat HB1089.

    Thank you for your conscientious service and for considering my views.

    Sincerely,

    XXXXXX
     
  8. ServiceSoon

    ServiceSoon Member

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  9. txgho1911

    txgho1911 Member

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    Antsi,
    I think your letter is informative and constructive. Thank you for your efforts.

    I think a phone call in support of the bill before the committee may give the bill momentum. I will be calling for support of every Senetor on the committee while I am driving North for work. This may be the best I can do for this first one.
     
  10. Rasputin747

    Rasputin747 Member

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    I'd like to thank you for letting a fellow Hoosier know what's going on. I usually pay more attention at the national level, but with all these bills, I better start paying attention here at home. I'm going to write my State Rep.
     
  11. txgho1911

    txgho1911 Member

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    Make a diference even if it's just practice

    If Marion County is allowed full discretion on personal firearms regulation outside of current state law; Indianapolis will be in worse shape crime wise than Washington DC. Currently there is a slight disparity for older regulation not affected by state law due to a grandfather date in 1994. I have discovered less than a year ago that my Indiana Liscence to Carry Handgun was null and void in city parks in Indianapolis. I understand that other localities within the state also maintain those older regulations on city books. Many of these jurisdictions local ordinances are not known statewide and leave the otherwise law abiding individuals in probable jeopardy with a legal system that is growing more confused and incompetent with every electioneering DA.
    Instead of giving this or any other locality such breadth of discretion against the law abiding individuals who in many cases have passed numerous background checks in the past. Many careers and vocations as require background checks and not just for the Indiana Handgun Liscense.

    Gerald OBrien
    317-418-2487


    Jim, Is that the kind of material that might sway him?


    -----Original Message-----
    From: Jim Tomes [mailto:[email protected]]
    Sent: Wednesday, January 17, 2007 1:29 PM
    To: undisclosed-recipients:
    Subject: Rep. Orentlicher's phone call

    Just a few minutes ago I received a call from Indiana State Representative David Orentlicher (D). The conversation was about his two bills (HB 1089 and HB 1090) that would allow Marion County to circumvent Indiana's preemption law and limit handgun purchases to one per month respectively.

    He listened to my argument that gun laws have no effect on crime and research has proven that to be the case. Also, he acknowledge my position that criminals don't buy guns, they steal them and it's only the good people that are burdened with restrictive gun laws.

    Rep. Orentlicher asked me how one hand gun per month purchases would inconvenience gun owners. He asked if a person couldn't buy one gun and then wait until the next month a buy another one.

    My examples I gave him were if the buyer was wanting to purchase a matched set of guns for his collection or perhaps wanted to get a pair of consecutive serial numbered guns for his kids. I told him that this purchase could be at a gun show where the dealer would not be available after the show. Or if someone from out of state was passing through and wanted to have the guns transfered to their home state it would pose a hardship.

    He told me he had not thought about those circumstances. I could tell in the way he said that, that he had not thought along those lines.

    I told him that our group the 2nd Amendment Patriots will support
    anyone on crime control but we take a hard stand against gun control.
    He asked me it I could send him some ideas on how to target the crime problems in our state.

    I don't know what effect we can have on him, but we'll never know if we don't try. At least he called and that's a first step.

    I have some ideas I'd like to share with him on going after crime and leaving the guns and good people alone. But before I do that I'd like for all of you to give me your personal perspective on what to send Rep. Orentlicher.

    I hope that the Indiana state legislators who are on this e-mail list will lend their advice on this as well and that if they get time during the session they can pull Rep. Orentlicher over to the side and help stir him in the right direction, too.

    One of our faithful defenders for gun owners, Indiana State Representative Jackie Walorski, who is a shooter herself with a clear understanding of gun rights,just called as I'm writing this letter. She is on the Public Policy Committee. She said she will be keeping a close watch on any anti gun legislation, including Rep. Vernon Smith's HB 1298 requiring a gun safety course before receiving a handgun license, waiting 7 days before a gun transfer can take place and prohibits more than two handguns per month.

    I noticed that his HB 1298 is listed as being withdrawn prior to first reading. I don't know but I'd bet that was posted because I bet he meant that to read /one/ handgun per month instead of two.

    Vernon Smith is a nut case that we have had to deal with for years and I'm told by a /very /reliable source that Orentlicher is cut from the same cloth.

    Still if you want to hold your position as a gun owner and not be pushed back I suggest you jump on.

    I'll wait a couple of days for any replies before I e-mail Rep.
    Orentlicher with our suggestions. Send me what you have.

    Thanks,

    --
    Jim and Margie
    2nd Amendment Patriots
    STAY UNITED
    www.2ndamendmentpatriots.org
     
  12. txgho1911

    txgho1911 Member

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    This link it the roll call in the committee for SB 0018

    http://www.in.gov/legislative/bills/2007/PDF/Srollcal/5683.PDF.pdf



    I called several people the day SB18 went to committee for support calls to the chairman and members. Included in those calls (every one I have a number for) where 6 FFLs. Pop**** was all over it. Bob at Plai***** SS was open and interested in details for an informed call. Gary G the 1911 mechanic I employ on my pistols from West side of Col****** was also interested in the bill and willing to call. I called a commercial reloader who also sells firearms who was not even aware of the documentation (copied 4473 to ISP) requirement added last year. Also called the manager at the GS in Blu***** and passed details and numbers to him.

    These are the people who are making the NICCS calls and filing the 4473s. They all need support and backup to take the stand. We all need to take the stand as well as we are able. Thank you all who called and promoted this measure. Please be willing to stand up with me on every issue before us.
     
  13. txgho1911

    txgho1911 Member

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    Later arrivals in the house. My comments in the more recently submitted bills is After :: .

    House Bill 1739
    2007 Regular Session


    DIGEST OF INTRODUCED BILL

    Sale of handguns. Removes references concerning the federal national instant criminal background check system (NICS) from the law concerning the sale of handguns. Returns the law concerning the sale of handguns to the form it was in before changes concerning the NICS were made to that law during the 2006 session of the general assembly. Specifies that the form that a person purchasing a handgun must submit to a firearms dealer concerning consent to obtain the person's criminal history information may not include any information related to the handgun.


    Current Status:


    Representatives Murphy and Reske added as coauthors


    ::This bill reverses ISP in the task of background checks. Adds confusion to the improvements we made last year. Jim T has commented on this earlier.

    House Bill 1756
    2007 Regular Session


    DIGEST OF INTRODUCED BILL

    Handgun license renewal. Establishes the criminal history data fund for the purpose of: (1) operating and maintaining the central repository for criminal history data; and (2) establishing, operating, and maintaining an electronic system for the processing of handgun license applications and renewals. Permits money in the fund to be used to establish, operate, and maintain an electronic log to record the sale of ephedrine and pseudoephedrine. Provides that certain handgun license fees will be deposited in the criminal history data fund, and repeals a provision requiring that certain handgun licensing fees be deposited in the general fund.


    Current Status:


    Authored by Representative Tincher


    ::I have not read this whole piece but it looks like it allows the License Fee to fund the Criminal History database. There may be parts of this that are objectionable but I do not have any problem with ISP firearms div getting the process paid for by the fees charged. The second purpose of this bill to include OTC drug sales records soundly invalidates this as legitimate legislation.

    House Bill 1397
    2007 Regular Session


    DIGEST OF INTRODUCED BILL



    Firearms in locked vehicles or secure locations. Prohibits the adoption or enforcement of a policy or rule that prohibits or has the effect of prohibiting an individual who has a valid state issued permit to possess a firearm for protection purposes from legally possessing a firearm that is: (1) locked in the individual's motor vehicle while the motor vehicle is in or on the person's property; or (2) stored at a location in or on the person's property that is secure and allows the individual to check the firearm in and out when entering and leaving 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) when permitted under federal law. Provides immunity from liability to a person who does not adopt or enforce such a policy or rule. Authorizes a civil action for damages, costs, attorney's fees, and injunctive relief to remedy a violation.


    Current Status:


    Authored by Representative Ruppel


    ::This is similar to HB1118 and may have better language that includes onsite safe storage facility. Hard to trust with the author who saddle us with 4473 copies to ISP if memory serves correctly. Anyone feel free to correct me.

    House Bill 1644
    2007 Regular Session


    DIGEST OF INTRODUCED BILL

    Community corrections employees and firearms. Allows an employee of a community corrections program to carry a firearm or handgun while acting as an employee of a community corrections program if the employee: (1) may legally carry a handgun or firearm; and (2) has successfully completed a certified handgun safety course.


    Current Status:


    Authored by Representative Goodin


    ::This does not look good as far as including quasi Court or LEO color of law carry without sufficient LEO training in law concerning it’s use.
    Other concerns is the shoehorning of a training requirement eventualy for everyone.
     
  14. txgho1911

    txgho1911 Member

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    Updated roster of bills

    SB 0018 -- Handgun sales. Amended by S. Steele for further correction of current law.
    01/29/2007 S Referred to the House
    Also 2 other amendments where attempted and failed which would have encorporated a statutory handgun registration. S. BREAUX
    Sec. 16. (a) This section applies only to the sale of a handgun by a dealer.
    (b) A dealer shall transmit the following information to the state police department by electronic mail or in an electronic format approved by the state police department:
    (1) The full name of the purchaser.
    (2) The purchaser's current residence address.
    (3) The purchaser's date of birth.
    (4) The manufacturer or importer of the handgun.
    (5) The model of the handgun.
    (6) The serial number of the handgun.
    (7) The caliber of the handgun.
    (8) The name and business address of the dealer.
    (c) A dealer shall transmit information required under this section before the last day of the month following the sale.
    (d) The state police department may adopt rules to implement this section.
    (e) Information transmitted under this section is confidential.".
    And:
    Sec. 16. (a) This section applies to every transferor.
    (b) As used in this section, "transferor" means any person who:
    (1) sells;
    (2) trades;
    (3) rents;
    (4) gives; or
    (5) otherwise transfers ownership of;
    a handgun to another person.
    (c) A transferor shall transmit the following information to the state police department by electronic mail or in an electronic format approved by the state police department:
    (1) The full name of the purchaser.
    (2) The purchaser's current residence address.
    (3) The purchaser's date of birth.
    (4) The manufacturer or importer of the handgun.
    (5) The model of the handgun.
    (6) The serial number of the handgun.
    (7) The caliber of the handgun.
    (8) The name and address of the transferor.
    (d) A transferor shall transmit information required under this section before the last day of the month following the sale.
    (e) The state police department may adopt rules to implement this section.
    (f) Information transmitted under this section is confidential.".
    HB 1118 -- Possession of firearms on certain property.
    It is Grayed on the website. This bill will never get a hearing.

    HB 1011 -- Regulation of firearms during an emergency.
    Is grayed out and will never get a hearing in this session.

    HB 1200 -- Sale of handguns.
    Is grayed out and will never get a hearing in this session. Dup SB 0018

    HB 1397 -- Firearms in locked vehicles or secure locations.
    Is grayed out and will never get a hearing in this session.

    HB 1644 -- Community corrections employees and firearms.
    Is grayed out and will never get a hearing in this session. Bad Bill.

    HB 1739 -- Sale of handguns.
    02/22/2007 H Second reading: ordered engrossed
    This fixes the 4473 forwarding to ISP and provides funding of a criminal DB and certain OTC drug sales DB.

    HB 1756 -- Handgun license renewal.
    Is grayed out and will never get a hearing in this session.
    This is a duplicate of HB 1739 with back stepping syntax. Bad Bill.


    ALL COMMITTEE SCHEDULES ARE BLANK.
     
  15. kludge

    kludge Member

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    I appreciate the update!
     
  16. ServiceSoon

    ServiceSoon Member

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    Does this mean the HB1011 isn't going to get passed this secession? How long does a secession last. I called my house member and everything :mad:
     
  17. Loucks

    Loucks Member

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    The last one we had around here was about four years long. :neener:
     
  18. El Tejon

    El Tejon Member

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    From 1861 to 1865, and then we stopped the Jaspers flat!:D

    Service, that's why we need to make more noise. Call and write.:)
     
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