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Wednesday, March 22, 2006

Ind. Law - Daniels signs gun bills

The Evansville Courier& Press reports today, in a story by Jennifer Whitson:

Indiana Gov. Mitch Daniels signed two bills pushed by gun-rights advocates in a brief Statehouse ceremony Tuesday.

One change, effective July 1, will allow gun owners to get a lifetime carrying permit. Under current law, if gun owners want to carry their guns, they must apply for a carrying permit, pay a $25 fee and renew the permit every four years. * * *

Gun rights advocates backed the bill and said Indiana would be the first state in the nation with a lifetime carrying permit. Several proponents, including roughly 35 people from 2nd Amendment Patriots in Southwestern Indiana, came to the Statehouse for a Tuesday signing ceremony with the governor. * * *

The second bill adds a provision on using force for self defense, stating that a person does not have a duty to retreat before using reasonable force to protect himself or another person who is in danger.

The amended law also now states that a person does not have a duty to first try to flee before using deadly force to defend against someone breaking into his home or car.

Representatives from national gun rights groups also attended the ceremony. Daniels said that with the deadline for signing bills into laws, he can only spare enough time to do ceremonies for the most noteworthy.

"For those of us who believe the 2nd Amendment means exactly what is says ... this is exactly the kind of step we need to take," Daniels said.

The Indianapolis Star today has a front-page story by Bill Ruthhart, headlined "Lethal force in self-defense is legal, Indiana law says: State makes clear: Retreat unnecessary in face of threat." Some quotes:
Indiana has become the third state to join an emerging national debate on self-defense, making clear that people have the right to use deadly force when threatened without first trying to back away.

Gov. Mitch Daniels on Tuesday signed House Enrolled Act 1028, which says Hoosiers do not have to retreat before using deadly force to prevent serious bodily injury to themselves or someone else. More than a dozen other states are considering similar legislation.

The change may be largely symbolic. Unlike in some states, Indiana did not previously require residents to retreat before using a gun or other deadly weapon.

The new law, however, clarifies state law and prevents courts from determining that Hoosiers should run before using a gun.

"This bill would eliminate any duty to retreat that a court might decide is necessary," said Rep. Eric Koch, R-Bedford, the bill's author. "We're only one of three states to have put it in statute to make sure that doesn't change."
The legislation puts Indiana in the middle of a burgeoning national debate. Critics say the laws can encourage gun violence.

The Brady Campaign to Prevent Gun Violence has labeled such legislation "shoot-first" bills. Peter Hamm, a campaign spokesman, said Indiana's bill is "horrible" and "a big mistake." * * *

The National Rifle Association has lobbied across the country for the legislation. The group calls them "Stand Your Ground" bills. Florida and South Dakota have passed the measure, while 15 other states are considering similar legislation, according to the NRA.

For background, see this ILB entry from March 18th.

Posted by Marcia Oddi on March 22, 2006 10:45 AM
Posted to Indiana Law