Indiana Statewide Rule
Indiana Firearms Local Preemption Statute
Key Facts
- Statewide Preemption Under
- Statewide preemption under IC 35-47-11.1-2
- Civil Suits Allowed
- Civil suits allowed against municipalities under IC 35-47-11.1-5
- Plaintiffs May Recover
- Plaintiffs may recover actual damages and attorney fees
- Narrow Exceptions For
- Narrow exceptions for employer/employee rules and limited property uses
- Local Gun Ordinances
- Local gun ordinances are unenforceable beyond state law
Summary
Indiana law preempts local firearm regulation, barring cities and counties from passing or enforcing ordinances on firearms, ammunition, or accessories beyond state law.
Sec. 2. Except as provided in section 4 of this chapter, a political subdivision may not regulate: (1) firearms, ammunition, and firearm accessories; (2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and (3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories.
Full Breakdown
Indiana Code 35-47-11.1-2 preempts political subdivisions from regulating firearms, ammunition, firearm accessories, or the ownership, possession, carrying, transportation, registration, transfer, and storage of these items. Local ordinances inconsistent with the state firearms code are unenforceable. IC 35-47-11.1-5 allows aggrieved persons to sue municipalities that enact preempted ordinances and recover actual damages, attorney fees, and costs. Limited exceptions exist for regulating employees and certain municipal property uses.
Violations & Penalties
Local ordinances violating preemption are void; municipalities face civil suits including damages, attorney fees, and court costs from aggrieved persons.
Frequently Asked Questions
Can Indiana cities pass their own gun ordinances?
What happens if a city enacts a preempted gun ordinance?
Sources
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