[r79] Reps. Lehman and Eberhart remove firearm barriers (4/12/2011)

Tuesday, April 12, 2011

Start Date: 4/12/2011 All Day
End Date: 4/12/2011
STATEHOUSE-State Representatives Sean Eberhart (R-Shelbyville) and Matt Lehman (R-Berne) co-sponsored Senate Bill (SB) 94 which passed out of the House today with an 82 to 8 vote. This bill aligns Indiana law in accordance to federal law permitting licensed, Hoosier gun dealers to sell firearms to customers nationwide.

"This legislation defends our Second Amendment right and spurs economic development by removing sales barriers in the firearms marketplace," said Rep. Lehman.

Current firearm laws limit Indiana firearm dealers to only sell firearms to individuals who reside in the neighboring states of Illinois, Michigan, Ohio, and Kentucky. This legislation brings Indiana state law in line with federal firearm laws and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

If passed, SB 94 will be congruent with the Firearm Owner Protection Act allowing firearm dealers to sell to residents of any state so long as the purchaser buys the gun in person and the sale meets legal conditions in both states under federal and state law. This legislation will  open firearm sales to residents of any state who want to purchase a firearm from a dealer in Indiana.

"We want to proactively protect Hoosiers' right to bear arms and give them the flexibility to buy guns in states other than Indiana," said Rep. Sean Eberhart. "This legislation expands Indiana's ability to sell firearms to a resident in any state, but it also holds those individuals accountable who intentionally attempt to manipulate the system."

Violators who knowingly present false identification or false information at purchase will be committing a Class C felony. The penalty for committing a Class C felony carries a conviction of a fixed term between two and eight years in prison and a fine of up to $10,000. Other crimes punishable as Class C felonies include cocaine possession and intimidation with a deadly weapon.

If signed into law, this legislation will be effective July 1, 2011.