« Ind. Courts - Eight new judicial positions in Marion County | Main | Law - Why Wall St. Hates Auctions »

Saturday, March 18, 2006

Ind. Law - Indiana gun laws feed Chicago crime; more [Updated]

The Indianapolis Star today has a major front-page story by Bill Ruthjart titled "Our gun laws feed Chicago crime: Relaxed rules make Indiana a weapons-buying destination for out-of-state criminals." Some quotes:

Indiana lawmakers have been reluctant to tighten the state's gun laws; but during this past legislative session, they passed a bill aimed at gang members that makes possession of phony identification a crime. They also doubled sentences for gang members who commit felonies.

At the same time, they approved legislation making Indiana the first state in the country to offer a lifetime license to carry a handgun.

Indiana gun laws rank as some of the most relaxed in the country. According to Americans for Gun Safety, gun shops like Don's and Bradis are among the nation's top gun dealers selling weapons that later turn up in crimes.

About 50 percent of crime guns used in Illinois come from out of state, many of them from Indiana, said Kessler, who has studied ATF gun-tracing documents. By contrast, he said, 10 percent of crime guns used in Indiana come from out of state. * * *

In Indiana, no license or permit is required to purchase any gun; the state doesn't require the registration of guns; and there are no limitations on assault weapons. The state had a seven-day waiting period before a gun purchase, but that was dissolved in 1998.

Gun buyers have to undergo a federal background check, but state checks -- which experts say are better at catching criminals -- are required for handguns but not for rifles, shotguns or most assault weapons.

Furthermore, background checks are not required at gun shows in Indiana, and no licenses are required for private resales. While the requirements are few to purchase a gun, the state does require a handgun license to carry a weapon.
"If you're talking about prohibiting the trafficking of illegal guns," Malte said, "Indiana gets an 'F.' "

In Chicago, you can't even buy a gun -- it's illegal. Illinois allows cities to adopt tougher gun regulations than the state's. Illinois requires a permit to buy the weapons and background checks for private sales and gun shows. Illinois also requires a waiting period on gun sales. * * *

Indiana lawmakers, meanwhile, made it easier to carry guns by creating the nation's first lifetime handgun license. Previously, gun owners were required to renew licenses every four years.

Proponents of the legislation [SEA 54], which had bipartisan support, said new fees for the licenses would generate more money for State Police to track gun carriers.
"Less than 1 percent of gun crimes involve people who have a permit," said Rep. Troy A. Woodruff, R-Vincennes, the legislation's author.

But opponents like Rep. Vernon G. Smith, D-Gary, said the state is sending the wrong message. "I find it quite odd that we've taken away lifetime licenses for teachers, principals and superintendents," Smith said, "but you can have a lifetime license to carry a gun."

For background, see this ILB entry from March 2nd, and this one from Feb. 26th.

[Updated 3/19/06] Today's Louisville Courier Journal has a story by Deborah Yetter headlined "Ky., Ind. ready to expand right to kill intruders: NRA presses issue in several states." (That would be HB 1028, the "no retreat" bill, awaiting Governor Daniels' signature.) Some quotes from the LCJ story:

FRANKFORT, Ky. -- Kentucky is poised to join Indiana and several other states that have expanded people's right to shoot anyone they believe is threatening them.

Backed by the National Rifle Association, the measure became law in Florida last year and in South Dakota last month. Last week, it was approved by lawmakers in Mississippi and Indiana. * * *

But versions of the bill have failed in states including Wyoming, Iowa and Virginia, among the 15 where the NRA has made its passage a priority.

Dubbed the "castle doctrine" by the NRA, the measure specifies that people have no "duty to retreat" -- or attempt to flee -- if they believe they are being threatened on their property or in their vehicle.

"Your home is your castle, and you should be able to protect it with any means necessary," NRA spokeswoman Ashley Varner said. * * *

Backers of the law in Kentucky and Indiana acknowledge that courts in both states have supported the right of people to defend themselves with deadly force.

But they also said a law would make it more difficult to reverse that right.

"When judges make law, they can change law," said Indiana Rep. Eric Koch, R-Bedford, sponsor of the Indiana's House Bill 1028.

"I think the citizens have a fundamental right to defend themselves, their families and their property, and this bill guarantees this right," he said. * * *

A spokeswoman for Gov. Mitch Daniels said he plans to sign it.

Posted by Marcia Oddi on March 18, 2006 12:16 PM
Posted to Indiana Law