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Bill > SB0404


IN SB0404

IN SB0404
Unlawful possession of a firearm by a child.


summary

Introduced
01/13/2025
In Committee
01/13/2025
Crossed Over
Passed
Dead
04/24/2025

Introduced Session

2025 Regular Session

Bill Summary

Unlawful possession of a firearm by a child. Adds felony unlawful possession of a firearm by a child to the list of crimes for which a juvenile court shall, upon motion of the prosecuting attorney, waive jurisdiction under certain circumstances. Removes certain crimes concerning children and firearms from the list of crimes in which a juvenile court does not have jurisdiction for an alleged violation. Removes language in the unlawful carrying of a handgun statute prohibiting a person less than 18 years of age from carrying a handgun. Provides that the unlawful carrying of a handgun statute applies to a person who has been adjudicated as a delinquent child under the statute, and is at least 18 years of age but less than 23 years of age. Renames the "dangerous possession of a firearm" crime to "unlawful possession of a firearm by a child" and provides that the enhanced penalty applies if the offense was committed: (1) on or in school property; (2) within 500 feet of school property; or (3) on a school bus. Removes the reckless mens rea for unlawful possession of a firearm by a child. Makes technical changes.

AI Summary

This bill modifies Indiana's laws regarding juvenile firearm possession and legal jurisdiction, making several key changes. It removes the "reckless" standard for unlawful firearm possession by a child, changing the offense to require knowingly or intentionally possessing a firearm. The bill renames "dangerous possession of a firearm" to "unlawful possession of a firearm by a child" and establishes enhanced penalties (escalating to a Level 5 felony) if the offense occurs on school property, within 500 feet of school property, or on a school bus. The legislation also adjusts juvenile court jurisdiction rules, removing certain firearms-related offenses from the list of crimes automatically excluded from juvenile court. Additionally, the bill modifies handgun carrying restrictions, specifically allowing individuals who are at least 18 but less than 23 years old to potentially carry a handgun if they have a previous delinquent adjudication, subject to specific authorizations. These changes aim to provide more nuanced legal handling of firearm-related offenses involving juveniles while maintaining public safety considerations.

Committee Categories

Justice

Sponsors (1)

Last Action

First reading: referred to Committee on Corrections and Criminal Law (on 01/13/2025)

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