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.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.