Proclaim States' Rights
Return to list of Bills

State Sovereignty & States' Rights Patriot Tool

Text of Bill
Indiana Bill #SB0200   View details of Bill | Go to Bill Online
2010 IN 200—LS 6766/DI 69+
Introduced Version
SENATE BILL No. 200
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-47-16.
Synopsis: Indiana firearms freedom act. Provides that a firearm, a
firearm accessory, or ammunition that: (1) is manufactured
commercially or privately in Indiana from basic materials; (2) can be
manufactured without the inclusion of any significant parts imported
from another state; and (3) remains within the borders of Indiana; is not
subject to federal law or federal regulation, including registration,
under the authority of the United States Congress to regulate interstate
commerce.
Effective: July 1, 2010.
Walker
January 11, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.

2010 IN 200
Introduced Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.
SENATE BILL No. 200
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-47-16 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2010]:
4 Chapter 16. Indiana Firearms Freedom Act
5 Sec. 1. (a) Except as provided in subsection (b), this chapter
6 applies to firearms, firearm accessories, and ammunition that are:
7 (1) manufactured in Indiana:
8 (A) from basic materials; and
9 (B) without the inclusion of any significant parts imported
10 from another state; and
11 (2) retained in Indiana;
12 after October 1, 2010.
13 (b) This chapter does not apply to the following:
14 (1) A firearm that cannot be carried and used by only one (1)
15 person.
16 (2) A firearm that:
17 (A) has a bore diameter greater than one and one-half (1.5)

2010 IN 200—LS 6766/DI 69+
1 inches; and
2 (B) uses smokeless powder and not black powder as a
3 propellant.
4 (3) A firearm that discharges at least two (2) projectiles with
5 one (1) activation of the trigger or other firing device.
6 (4) Ammunition with a projectile that explodes using an
7 explosion of chemical energy after the projectile leaves the
8 firearm.
9 Sec. 2. As used in this chapter, "borders of Indiana" means the
10 boundaries of Indiana described in Article 14, Section 1 of the 1851
11 Constitution of the State of Indiana.
12 Sec. 3. (a) As used in this chapter, "firearm accessory" means
13 an item that is:
14 (1) used in conjunction with or mounted upon; and
15 (2) not essential to the basic function of;
16 a firearm.
17 (b) The term includes telescopic or laser sights, magazines, flash
18 or sound suppressors, folding or aftermarket stocks and grips,
19 speedloaders, ammunition carriers, and lights for target
20 illumination.
21 Sec. 4. As used in this chapter, "generic and insignificant part"
22 includes a spring, screw, nut, or pin.
23 Sec. 5. (a) As used in this chapter, "manufacture" means to
24 create a firearm, a firearm accessory, or ammunition from basic
25 materials for functional usefulness.
26 (b) The term includes forging, casting, machining, or another
27 process used for working basic materials.
28 Sec. 6. (a) A firearm, a firearm accessory, or ammunition that:
29 (1) is manufactured commercially or privately in Indiana; and
30 (2) remains within the borders of Indiana;
31 is not subject to federal law or federal regulation, including
32 registration, under the authority of the United States Congress to
33 regulate interstate commerce. The general assembly declares that
34 ammunition, firearms, or firearm accessories described in this
35 subsection have not traveled in interstate commerce.
36 (b) A generic and insignificant part:
37 (1) used to manufacture a firearm, a firearm accessory, or
38 ammunition; and
39 (2) that has manufacturing or consumer product applications
40 in addition to its use in manufacturing firearms, firearm
41 accessories, or ammunition;
42 is not a firearm, a firearm accessory, or ammunition, and its

2010 IN 200—LS 6766/DI 69+
1 importation into Indiana and incorporation into a firearm, a
2 firearm accessory, or ammunition manufactured in Indiana does
3 not subject the firearm, firearm accessory, or ammunition to
4 federal regulation.
5 (c) The general assembly declares that basic materials used to
6 manufacture a firearm, a firearm accessory, or ammunition,
7 including unmachined steel and unshaped wood, are not:
8 (1) firearms, firearm accessories, or ammunition; and
9 (2) subject to the authority of the United States Congress to
10 regulate firearms, firearm accessories, and ammunition under
11 interstate commerce as if the basic materials were firearms,
12 firearm accessories, or ammunition.
13 The authority of the United States Congress to regulate interstate
14 commerce in basic materials does not include authority to regulate
15 firearms, firearm accessories, and ammunition made in Indiana
16 from the basic materials described in this subsection.
17 (d) A firearm accessory that is:
18 (1) imported into Indiana from another state;
19 (2) attached to or used in conjunction with a firearm in
20 Indiana; and
21 (3) subject to federal regulation as being in interstate
22 commerce;
23 does not subject a firearm to federal regulation under interstate
24 commerce because the firearm accessory is attached to or used in
25 conjunction with a firearm in Indiana.
26 Sec. 7. A firearm described in section 1(a) of this chapter must
27 have the words "Made in Indiana" clearly stamped on a central
28 metallic part, such as the receiver or frame of the firearm, to be
29 subject to this chapter.
30 Sec. 8. The general assembly declares that the authority for
31 enforcing this chapter is derived from the following:
32 (1) The Tenth Amendment to the Constitution of the United
33 States:
34 (A) guarantees to the states and their people all powers not
35 granted to the federal government elsewhere in the
36 Constitution of the United States; and
37 (B) reserves to the state and people of Indiana certain
38 powers as they were understood at the time that Indiana
39 was admitted to statehood in 1816.
40 The guaranty of those powers is a matter of contract between
41 the state and people of Indiana and the United States as of the
42 time that the compact with the United States was agreed upon

2010 IN 200—LS 6766/DI 69+
1 and adopted by Indiana and the United States in 1816.
2 (2) The Ninth Amendment to the Constitution of the United
3 States:
4 (A) guarantees to the people rights not granted in the
5 Constitution of the United States; and
6 (B) reserves to the people of Indiana certain rights as they
7 were understood at the time that Indiana was admitted to
8 statehood in 1816.
9 The guaranty of those rights is a matter of contract between
10 the state and people of Indiana and the United States as of the
11 time that the compact with the United States was agreed upon
12 and adopted by Indiana and the United States in 1816.
13 (3) The regulation of intrastate commerce is vested in the
14 states under the Ninth Amendment and Tenth Amendment to
15 the Constitution of the United States, particularly if not
16 expressly preempted by federal law. The United States
17 Congress has not expressly preempted state regulation of
18 intrastate commerce pertaining to the manufacture on an
19 intrastate basis of firearms, firearm accessories, and
20 ammunition.
21 (4) The Second Amendment to the Constitution of the United
22 States reserves to the people the right to keep and bear arms
23 as that right was understood at the time that Indiana was
24 admitted to statehood in 1816, and the guaranty of the right
25 is a matter of contract between the state and people of Indiana
26 and the United States as of the time that the compact with the
27 United States was agreed upon and adopted by Indiana and
28 the United States in 1816.
29 (5) Article 1, Section 32 of the 1851 Constitution of the State
30 of Indiana clearly secures to Indiana citizens the right of
31 individual Indiana citizens to keep and bear arms. This
32 constitutional protection is unchanged from Article 1, Section
33 20 of the 1816 Constitution of the State of Indiana, which was
34 approved by the United States Congress and the people of
35 Indiana, and the right exists as it was understood at the time
36 that the compact with the United States was agreed upon and
37 adopted by Indiana and the United States in 1816.

Return to list of Bills
The information contained in this web site is not official information and is not guaranteed to be accurate. It has been compiled from official records available to the public. To correct inaccuracies in or omissions from the information on this site, please contact us via e-mail.