2019 Legislative Session Thread

[KellyinAvon]

I took a look at HB 1651 Seizure of firearms from dangerous individuals. I need to read through it again, probably tomorrow. On first read this appears to provide more protection than the current "Laird Law", attempting to make something too vague more specific. It defines "dangerous person", requires an affidavit (opposed to a written statement) from LEO to the court. Adds a statement under 35-47-14: Nothing in this chapter may be construed to authorize a warrantless search or seizure by a law enforcement officer if a warrant would otherwise be required.

I need to read it again before I go thumbs up, but it could be a positive step. Can I get an INGO lawyer to give it a read?

OK, I read it again. In my view this bill should be supported. It strengthens due process by adding "within 48 hours" for a hearing if there is a warrant-less (current Laird Law) confiscation. It makes the definition of "dangerous person" more specific and requires a court to determine the individual is dangerous. Greatly enhances transparency as it requires a publicly accessible report (by PD, court, county, etc.) report of all weapons confiscated. Changes "written statement" to "affidavit" for what must be submitted by LE to court.

 

[KellyinAvon]

HB 1284: Self Defense and the Defense of Others (Lucas, Stutzman, Smaltz) is up for a hearing on Monday, 28 Jan, room 156-D. I can't make it to this one, outstanding bill (not a gun bill, a self-defense immunity bill), I think it will pass. Guy helped write it, he'll be there.

Edit: this is the House Judiciary Committee. Jerry Torr (often mentioned by Guy as a strong 2A supporter) is the Chair, the R's all look solid from 2A perspective. One D (Ryan Hatfield) is an NRA-ILA "A"/endorsed. There are a few D's with A's in Indiana. Two of the D's are what you'd expect, one has a B+.

 

[MarkC]

OK, I read it again. In my view this bill should be supported. It strengthens due process by adding "within 48 hours" for a hearing if there is a warrant-less (current Laird Law) confiscation. It makes the definition of "dangerous person" more specific and requires a court to determine the individual is dangerous. Greatly enhances transparency as it requires a publicly accessible report (by PD, court, county, etc.) report of all weapons confiscated. Changes "written statement" to "affidavit" for what must be submitted by LE to court.

I also noted while reading it today it creates definitive requirements for the court's specific finding of "dangerousness" as well as procedures to petitioning to remove the finding and injunction against firearm possession or purchase with the mandatory reports to NICS (both entering and removing). It seems to me that this is trying to add some specific structure and clearer procedures.

However, this is MarkC's individual opinion; my employer may have a different view.

 

[MarkC]

HB 1284: Self Defense and the Defense of Others (Lucas, Stutzman, Smaltz) is up for a hearing on Monday, 28 Jan, room 156-D. I can't make it to this one, outstanding bill (not a gun bill, a self-defense immunity bill), I think it will pass. Guy helped write it, he'll be there.

Seems like there is a good chance I will be there anyway, doing my day job, so I will have eyes on how it goes in committee.

Professor Madeira has been in the Senate Corrections and Criminal Law committee testifying. I'm sure she'll probably around for the gun bills.

 

[MarkC]

2nd on the lawyer - because as far as "red-flag" laws goes - I'd like to know how much the Jake Laird Law is abused vs how much it COULD be abuse if written like most other states - and if this makes it actually better or not - and that gets keep into practices ...

ALSO feed back from INGO LEO's ... on use and abuses of this statute.

Depends on the quality and trustworthy the LEO is. When I was doing legal work for ISP, we would only have one of these every few months. We had two cases going on at once, and thought the sky was falling or something. Was just luck of the draw. k

 

[KellyinAvon]

Seems like there is a good chance I will be there anyway, doing my day job, so I will have eyes on how it goes in committee.

Professor Madeira has been in the Senate Corrections and Criminal Law committee testifying. I'm sure she'll probably around for the gun bills.

Of course she will. If I had grad students to do my job I'd be there every day too. I still find it extremely concerning a State entity pays an employee to oppose 2A issues.

Oh, and thank you for not referring to her as "Doctor". Hell will freeze over before I ever address her as that.

 

[MarkC]

Of course she will. If I had grad students to do my job I'd be there every day too. I still find it extremely concerning a State entity pays an employee to oppose 2A issues.

It's all to ensure that she has the "academic freedom" backed by unassailable tenure so she can engage in her "scholarship"/advocacy. It is for the betterment of society, you know.

 

[KellyinAvon]

It's all to ensure that she has the "academic freedom" backed by unassailable tenure so she can engage in her "scholarship"/advocacy. It is for the betterment of society, you know.

Good thing there's academia, she wouldn't last long in the world most of us are in.

 

[KellyinAvon]

Copy/paste from the Gun Guy thread. Bills up for hearings on Wednesday 30 January.


HB 1651: Seizure of firearms from dangerous individuals. I was glad to hear it's seen as a step in the right direction compared to today's law (since that was my take on it post #141.) Up for hearing in the Courts and Criminal Code Committee.

HB 1643: Firearms Matters. Combination Church Carry/no-cost lifetime LTCH with 5 year NICS Exempt LTCH option. Redefines "school property". In the Public Policy Committe, up for hearing Wednesday also.

 

[KellyinAvon]

Copy/paste from the Gun Guy thread. Bills up for hearings on Wednesday 30 January.


HB 1651: Seizure of firearms from dangerous individuals. I was glad to hear it's seen as a step in the right direction compared to today's law (since that was my take on it post #141.) Up for hearing in the Courts and Criminal Code Committee.

HB 1643: Firearms Matters. Combination Church Carry/no-cost lifetime LTCH with 5 year NICS Exempt LTCH option. Redefines "school property". In the Public Policy Committe, up for hearing Wednesday also.

HB 1651: room 156-D, 1030, 30 Jan

HB 1643: room 156-B, 1530, 30 Jan

Long day...

 

[turnandshoot4]

Just spoke with Rep. Aylesworth. He said he supports 1109.

 

[KellyinAvon]

1651 got kicked to next week. Had some support standing by, Guy, A prosecutor and a retired judge.

Come on next hearing!

 

[brotherbill3]

Big props to Kelly; and I have been sidelined by more family / work / health stuff ... sorely disappointed ... but Keep it up. If I get a window - to write something out - I have a resource to pull from.

 

[KellyinAvon]

Big props to Kelly; and I have been sidelined by more family / work / health stuff ... sorely disappointed ... but Keep it up. If I get a window - to write something out - I have a resource to pull from.

Thanks Bill. I'll throw some observations down after supper. LLLLOOOOOONNNNNNGGGGG day. We may have Representative Obtuse...

 

[KellyinAvon]

Long day. HB 1643 (Ben Smaltz, combines Church Carry, free lifetime LTCH, 5 year NICS exempt LTCH, some voter registration stuff nobody talked about) came up in the Public Policy Committee after the drug testing race horses bill (no ****, that was PAINFUL to sit through. Not as painful as the community corrections/DOC crap from the morning, but painful.)

Usual suspects as the antis. X2 from MDA, a teacher from a private school in B-Town and a leftist I've seen testify before. Nothing but Everytown's talking points, pure hoplophobes. "Guns create fear, the gun lobby is behind pushing fear". You can't make this up.

Everytown has a new rep. Dude named Everett Vance actually said Everytown was Pro-2A. I was sitting next to Guy, he had the most WTF look on his face ever.

Vanderburgh County Sheriff thinks since no one complains about paying for LTCH (which admittedly pays for their stuff) it's ok.

Pro-2A side was me, Chris Kopacki, and Guy in that order. I was the opening act for Pro-2A. When the video gets updated we can decide if there is a "Representative Obtuse" on the Public Policy Committee.

 

[actaeon277]

Long day. HB 1643 (Ben Smaltz, combines Church Carry, free lifetime LTCH, 5 year NICS exempt LTCH, some voter registration stuff nobody talked about) came up in the Public Policy Committee after the drug testing race horses bill (no ****, that was PAINFUL to sit through. Not as painful as the community corrections/DOC crap from the morning, but painful.)

Usual suspects as the antis. X2 from MDA, a teacher from a private school in B-Town and a leftist I've seen testify before. Nothing but Everytown's talking points, pure hoplophobes. "Guns create fear, the gun lobby is behind pushing fear". You can't make this up.

Everytown has a new rep. Dude named Everett Vance actually said Everytown was Pro-2A. I was sitting next to Guy, he had the most WTF look on his face ever.

Vanderburgh County Sheriff thinks since no one complains about paying for LTCH (which admittedly pays for their stuff) it's ok.

Pro-2A side was me, Chris Kopacki, and Guy in that order. I was the opening act for Pro-2A. When the video gets updated we can decide if there is a "Representative Obtuse" on the Public Policy Committee.

Everytown was Pro-2A
Well, you know, if they say it enough, in their minds it becomes true.

 

[KellyinAvon]

Everytown was Pro-2A
Well, you know, if they say it enough, in their minds it becomes true.

I'm thinking that guy not getting struck by lightning is proof God has a sense of humor. That and the platypus.

 

[actaeon277]

I'm thinking that guy not getting struck by lightning is proof God has a sense of humor. That and the platypus.

If people were struck down for that, there'd be a LOT less people.

 

[looper]

Does Indiana have a site to file witness slips in favor or against State Senate and House bills ? If so could you provide it to me, I believe all the support for 2a bills and against the anti's helps. tia.

 

[looper]

Before I escaped from communist illinoy, as part of Illinois Carry dotcom we would file these, http://www.ihscdea.org/documents/electronic_witness_slip_instructions.pdf#page=1 to try and help our cause and wondering if Indiana had something similar