Local Authority to Regulate Firearms in Idaho

Posted on Thursday, July 2nd, 2015

Under article XII, § 2 of the Idaho Constitution, “[a]ny county or incorporated city or town may make and enforce, within its limits, all such local police, sanitary and other regulations as are not in conflict with its charter or with the general laws.” However, article I, § 11 of the Idaho Constitution prohibits any laws imposing “licensure, registration or special taxation on the ownership or possession of firearms or ammunition.”

Moreover, in 2008, Idaho enacted Idaho Code § 18-3302J, which announces “the legislature’s intent to wholly occupy the field of firearms regulation within this state.” That section explains that “uniform laws regulating firearms are necessary to protect the individual citizen’s right to bear arms.”1 Section 18-3302J(2) states:

Except as expressly authorized by state statute, no county, city, agency, board or any other political subdivision of this state may adopt or enforce any law, rule, regulation, or ordinance which regulates in any manner the sale, acquisition, transfer, ownership, possession, transportation, carrying or storage of firearms or any element relating to firearms and components thereof, including ammunition.

However, a county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries, so long as these ordinances do not apply to or affect:

  • A person discharging a firearm in the lawful defense of persons or property;
  • A person discharging a firearm in the course of lawful hunting;
  • A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger persons or property;
  • A person lawfully discharging a firearm on a sport shooting range; or
  • A person discharging a firearm in the course of target shooting on public land if the discharge will not endanger persons or property.2

Similarly, a city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries so long as these ordinances do not apply to or affect:

  • A person discharging a firearm in the lawful defense of person or persons or property; or
  • A person lawfully discharging a firearm on a sport shooting range.3

In addition, section 18-3302J does not affect:

  • The authority of the department of fish and game to make rules or regulations concerning the management of any wildlife of this state; and
  • The authority of counties and cities to regulate the location and construction of sport shooting ranges, subject to limitations provided in the Idaho Code.4

The provisions of section 18-3302J are declared to be severable.5

Section 18-3302(6) provides that a city, county or other political subdivision cannot modify the requirements for the issuance of a license to carry concealed weapons, nor shall any political subdivision ask a concealed weapons license applicant to voluntarily submit any information not required in section 18-3302.

During a state of emergency, “neither the governor nor any agency of any governmental entity or political subdivision of the state shall impose restrictions on the lawful possession, transfer, sale, transport, storage, display or use of firearms or ammunition.”6

There are no cases discussing or interpreting the statutes discussed above.

Sport Shooting Ranges

Local law is preempted and local governments do not have authority to establish or enforce noise standards on outdoor sport shooting ranges more restrictive than the standards in sections 67-9101 through 67-9105 (concerning sport shooting ranges owned by the state or a state agency for public use).7 A local government may not treat any action that does not constitute a “substantial change in use” as a violation of a local zoning ordinance, nor shall the undertaking of any such action cause an outdoor sport shooting range to be in violation of any zoning ordinance.8 Section 55-2604(5) lists actions that do not constitute a “substantial change in use.” A local unit of government may regulate noise produced as a result of a substantial change in the use of the range.9

A person who operates or uses a sport shooting range “shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range was established, constructed or operated prior to the implementation of any noise control laws, ordinances, rules or regulations, or if the range is in compliance with any noise control laws, ordinances, rules or regulations that applied to the range and its operation at the time of establishment, construction or initial operation of the range.”10 Furthermore, “[r]ules or regulations adopted by a state or local department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall not apply to a sport shooting range.”11 Such a municipal noise control ordinance “may not require or be applied so as to require a sport shooting range to limit or eliminate shooting activities that have occurred on a regular basis at the range prior to the enactment of the ordinance.”12 Except in specified circumstances, “a person may not maintain a nuisance action for noise against a shooting range located in the vicinity of that person’s property” if the shooting range was established at the point when the property was acquired.13

However, a local unit of government may generally regulate the location and construction of a sport shooting range.14

Sections 55-2601 through 55-2606 do not apply to “state outdoor shooting ranges.”15 (Noise standards for these ranges are established by sections 67-9101 through 67-9105.) Local law is preempted and local governments do not have authority to regulate the operation and use of these ranges, nor do they have authority to establish noise standards for these ranges, just as for other sport shooting ranges.16 A person may not maintain a nuisance action for noise against one of these ranges if it is in compliance with sections 67-9101 through 67-9105.17 A new use—including a new residential use—of property in the vicinity of one of these ranges does not give rise to a right to maintain a nuisance action for noise against the range.18

There are no cases interpreting any of the statutes discussed above.

  1. Idaho Code Ann. § 18-3302J(1). []
  2. Idaho Code Ann. § 18-3302J(3). []
  3. Idaho Code Ann. § 18-3302J(4). []
  4. Idaho Code Ann. § 18-3302J(5). []
  5. Idaho Code Ann. § 18-3302J(6). []
  6. Idaho Code Ann. § 46-1008(7). []
  7. Idaho Code Ann. § 55-2605. []
  8. Id. []
  9. Idaho Code Ann. § 55-2603(2). []
  10. Idaho Code Ann. § 55-2601(1). []
  11. Idaho Code Ann. § 55-2601(2). []
  12. Idaho Code Ann. § 55-2601(3). []
  13. Idaho Code Ann. § 55-2602. []
  14. Idaho Code Ann. § 55-2603(1). []
  15. Idaho Code Ann. § 67-9102(1). []
  16. Idaho Code Ann. § 67-9105. []
  17. Idaho Code Ann. § 67-9103. []
  18. Idaho Code Ann. § 67-9104. []

Local Authority to Regulate Firearms in Kansas

Posted on Thursday, July 2nd, 2015

Kansas Statutes Annotated § 12-16,124(a) provides that:

No city or county shall adopt or enforce any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the purchase, transfer, ownership, storage, carrying or transporting of firearms or ammunition, or any component or combination thereof.

Any ordinance, resolution or regulation statutorily prohibited, adopted prior to July 1, 2014, shall be null and void.1

Section 75-7c17(a) provides that:

The legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed handguns for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed handguns for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this act is subjectively or arbitrarily denied the person’s rights. No city, county or other political subdivision of this state shall regulate, restrict or prohibit the carrying of concealed handguns by individuals except as provided in [certain provisions of state law, discussed below]. Any existing or future law, ordinance, rule, regulation or resolution enacted by any city, county or other political subdivision of this state that regulates, restricts or prohibits the carrying of concealed handguns by individuals except as provided in [the provisions discussed below], shall be null and void.2

Pursuant to Kansas Statutes Annotated § 12-16,124(b), cities and counties may not “adopt or enforce any ordinance, resolution or regulation relating to the sale of a firearm by an individual [who holds a Federal Firearms License] that is more restrictive than any ordinance, resolution or regulation relating to the sale of any other commercial good.”

Cities, counties, and political subdivisions may also restrict or prohibit the carrying of concealed weapons within a building or buildings of such entity, provided that notices are posted in accordance with rules and regulations adopted by the attorney general, marking them as premises where carrying a concealed handgun is prohibited.3

Prior to the enactment of section 12-16,124, the Supreme Court of Kansas relied on the home rule powers of cities in Kansas under art. XII, § 5 in upholding a local ordinance prohibiting carrying a firearm on the person in public.4

The Kansas Legislature has also immunized firearm manufacturers and dealers from certain civil suits by local governments. Kan. Stat. Ann. § 60-4501(a) states:

The authority to bring civil suit and right to recover against any firearms or ammunition manufacturer or federally licensed firearms or ammunition dealer, by or on behalf of the state or any political subdivision of the state, for damages, abatement of nuisance or injunctive relief arising from or relating to the lawful design, manufacture, marketing or sale of firearms or ammunition to the public shall be reserved exclusively to the state.

Section 60-4501(b) provides:

Nothing in this act shall prohibit a political subdivision from bringing an action against a firearms or ammunition manufacturer or federally licensed firearms or ammunition dealer for breach of contract, for breach of implied or express warranty or for damages caused to the employees or agents of such political subdivision by defects in firearms or ammunition purchased or used by such political subdivision.

In 2008, Kansas enacted a law prohibiting any officer or employee of the state or any political subdivision thereof, member of the Kansas national guard in the service of the state, or any person operating pursuant to or under color of state law, receiving state funds, under control of any official of the state or political subdivision thereof, or providing services to such officer, employee or other person, from doing the following during a declared official state of emergency:

  • Temporarily or permanently seizing, or authorizing seizure of, any firearm the possession of which is not prohibited under state law, other than as evidence in a criminal investigation; or
  • Requiring registration of any firearm for which registration is not required by state law.5

Section 58-3223 limits the local regulation of sport shooting ranges. Section 58-3223(a) provides that a sport shooting range that is not in violation of state law at the time of the adoption of an ordinance or resolution that regulates the range shall be permitted to continue in operation even if operation of the range at a later date does not conform to the new ordinance or resolution or amendment to an existing ordinance or resolution. In addition, a sport shooting range in existence on the effective date of section 58-3223 (July 1, 2001) in compliance with generally accepted operation practices, even if not in compliance with an ordinance or resolution of a local unit of government, shall be permitted to do the following within its preexisting geographic boundaries:

  • Repair, remodel or reinforce any improvement or facilities or building or structure as may be necessary in the interest of public safety or to secure the continued use of the building or improvement;
  • Reconstruct, repair, rebuild or resume the use of a facility or building damaged by fire, collapse, explosion, act of God or act of war occurring after the effective date of the act. The reconstruction, repair or restoration shall be completed within one year following the date of the damage or settlement of any property damage claim. If reconstruction, repair or restoration is not completed within one year, such reconstruction, repair or restoration may be terminated in the discretion of the local unit of government; or
  • Do anything authorized under generally accepted operation practices, including, but not limited to: (1) expanding or enhancing its membership or opportunities for public participation; and (2) reasonably expanding or increasing facilities or activities.6

Section 58-3224 states that sections 58-3221 – 58-3225 (governing sport shooting ranges) shall not prevent a local unit of government from regulating the location and construction of a sport shooting range “except as otherwise provided.” No governmental entity may take title to property which has a permanently located and improved sport shooting range, by condemnation, eminent domain or similar process when the proposed use of said property would be for shooting-related activities or recreational activities or for private or commercial development.7 This provision does not limit governmental exercise of eminent domain or easement necessary for infrastructure additions or improvements, such as highways, waterways or utilities.8

  1. Kan. Stat. Ann. § 12-16,124(c). []
  2. 2015 Kan. SB 45. []
  3. Kan. Stat. Ann. § 75-7c10(b)(2). []
  4. Junction City v. Lee, 532 P.2d 1292, 1296 (Kan. 1975). []
  5. Kan. Stat. Ann. § 48-959(a). []
  6. Kan. Stat. Ann. § 58-3223(b). []
  7. Section 58-3224(b). []
  8. Id. []

State Right to Bear Arms in Idaho

Posted on Thursday, July 2nd, 2015

Article I, § 11 of the Idaho Constitution provides:

The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person nor prevent passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent the passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of any legislation punishing the use of a firearm. No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.

As originally adopted, the provision read: “The people have the right to bear arms for their security and defense; but the legislature shall regulate the exercise of this right by law.” The provision was amended in 1978 to read as it now appears.

In State v. Woodward (a 1937 case), the Idaho Supreme Court discussed the ability to use a firearm for self-defense, and stated that under article I, § 11 (the original, pre-1978 version), the right to bear arms may not be denied by the state, but the legislature has the power to regulate this right and may prohibit the carrying of concealed weapons or prescribe “the kind or character of arms that may or may not be kept, carried or used, and various other things of a regulatory character.”1

Other case law examining the scope of the original version of article I, § 11 indicates that Idaho courts have treated the “right to keep and bear arms” as a personal, individual right, and held that while the legislature may not prohibit or deny the right completely, it has the authority to regulate the exercise of that right. For example, in the 1945 case State v. Hart, the court noted that it was “a reasonable exercise of the police power of a municipality to prohibit the carrying of concealed dangerous or deadly weapons.”2

There is little case law interpreting the current version of article I, § 11. In a 1984 case, State v. Grob, the Idaho Court of Appeals held that Idaho Code Ann. § 19-2520, which imposes an additional prison term for the commission of certain offenses while using a firearm, generally does not violate the state constitution. The court noted that, under the current version of article I, § 11, the legislature was expressly authorized to prescribe “minimum sentences for crimes committed while in possession of a firearm” and concluded that “whether examined against the 1978 or pre-1978 versions of Article 1, § 11, we believe [the challenged law] passes constitutional muster.”3

Finally, in 1979, the Idaho Attorney General opined that the current version of article I, § 11 does not: 1) “undermine the validity of the current Idaho Code prohibitions against the carrying of concealed weapons” under section 18-3302; or 2) affect the viability of state law on the seizure of firearms during searches incident to arrest.4

  1. 74 P.2d 92, 95 (Idaho 1937). []
  2. 157 P.2d 72, 73 (Idaho 1945); see also In re Brickey, 70 P. 609 (Idaho 1902). []
  3. 690 P.2d 951, 954 (Idaho Ct. App. 1984). []
  4. 1979 Op. Att’y Gen. Idaho 31, 1979 Ida. AG LEXIS 45 at *4, *8. []

State Right to Bear Arms in Kansas

Posted on Thursday, July 2nd, 2015

The Constitution of the State of Kansas provides that “A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.”1

There has not been much recent case law on this subject.  In 1905, the Supreme Court of Kansas, in the case of City of Salina v. Blaksley, held that Bill of Rights section 4 (“section 4”) does not confer an individual right to “bear arms.” Rather, it only protects the rights of a member of the state militia or other military organization provided for by law.2 The Blaksley court rejected a section 4 challenge to a state statute that prohibited the carrying of a handgun while under the influence of alcohol, stating that section 4 “refers to the people as a collective body.”3 The court emphasized that section 4 “deals exclusively with the military; individual rights are not considered in this section.”4 The court noted that the defendant in the case was not a member of an organized militia or other military organization, “and was therefore not within the provision of the bill of rights and was not protected by its terms.”5

In more recent cases, the Supreme Court of Kansas, consistent with Blaksley, has largely rejected section 4 challenges to state statutes and local ordinances regulating firearms.6

  1. Kan. Const. B. of R. § 4. []
  2. City of Salina v. Blaksley, 83 P. 619 (Kan. 1905). []
  3. Id. at 620. []
  4. Id. []
  5. Id. at 621. []
  6. See State v. Bolin, 436 P.2d 978 (Kan. 1968) (rejecting section 4 challenge to a state law proscribing the ownership or possession of a pistol by any person convicted of burglary); Junction City v. Lee, 532 P.2d 1292 (Kan. 1975) (rejecting section 4 challenge to a local ordinance prohibiting certain use of handguns and knives);  see also State v. Knight, 241 P.3d 120, 133 (Kan. Ct. App. 2009), reh’g denied, 2011 Kan. LEXIS 391 (Kan. 2011) (rejecting section 4 challenge to a state regulation against carrying concealed weapons); but see Junction City v. Mevis, 601 P.2d 1145 (Kan. 1979) (striking down, as overbroad, a statute criminalizing most firearm possession). []

Colorado State Law Summary

Posted on Thursday, July 2nd, 2015

colorado

View a comprehensive summary of new state laws enacted in 2013 and 2014.

 

colorado

In 2012, Colorado experienced the horrific mass shooting in a movie theater in the City of Aurora. In 2013, Colorado significantly upgraded its gun laws.  Now Colorado:

Colorado still does not, however:

Local governments in Colorado, with the exception of Denver, generally lack authority to regulate firearms or ammunition.

In 2013, Colorado ranked 25th in the number of gun deaths per capita among the states. 619 people died from firearms injuries in Colorado in that year. Colorado has also been a crime gun exporter. Based on data published by Mayors Against Illegal Guns, in 2009, Colorado exported crime guns at almost twice the rate at which it imported them – in other words, guns that had been originally purchased in Colorado were recovered after being used in crimes in other states at twice the rate at which crime guns originally purchased outside Colorado were then recovered inside Colorado. Colorado ranked 19th in the number of crime guns exported.
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Domestic Violence & Firearms in Colorado

Posted on Thursday, July 2nd, 2015


 

Colorado enacted a law in 2013 to remove guns from the hands of domestic abusers.  The law incorporates the federal law that prohibits purchase or possession of a firearm or ammunition by people subject to certain domestic violence protective orders or convicted of certain domestic violence crimes.1 The law covers both domestic violence misdemeanants and felons by requiring the court to issue a prohibitive order upon sentencing.2  Abusers subject to these prohibitions are also subject to the federal law.

Notably, Colorado requires a protective order to be issued whenever a criminal case is pending to prohibit the defendant from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged.  In domestic violence cases, this protective order may trigger the federal law, meaning that the person is prohibited from possessing firearms and ammunition while the case is pending.3 Under an older provision, the court may prohibit the defendant from possessing firearms during this time, even in some cases when the federal law is not triggered.4

The 2013 law also includes a provision prohibiting the purchase or possession of a firearm or ammunition by anyone subject to a temporary civil protection order.5 Such orders may be issued “ex parte” (without a full hearing) in certain circumstances. 6

The law makes possession of a firearm or ammunition during these protective orders punishable as a violation of the protective orders.7

The 2013 law also set forth a procedure for domestic abusers to surrender firearms and ammunition that they already own when they become subject to a protective order that triggers the federal law or a court issues an order upon conviction for a domestic violence offense.  The law generally requires the person to surrender firearms and ammunition not more than 24 hours of being served with a qualifying order, subject to certain exceptions, to any person who has undergone a background check.  If the person is held in the custody of a law enforcement agency, the surrender must occur within 24 hours of release. The person must file a receipt demonstrating that firearms and ammunition have been surrendered with the court within three business days of the surrender. The law includes extensive provisions to protect law enforcement’s decision to store, or not store, firearms or ammunition on behalf of a protective order defendant.8

Under an older provision, when an inmate is released from prison or other custody of the Colorado Department of Corrections following a conviction for a misdemeanor crime of domestic violence, the Department is required to submit a written statement to the inmate notifying him or her that it is a crime if he or she possesses or uses a firearm.9

Colorado does not explicitly authorize or require the removal of firearms or ammunition at the scene of a domestic violence incident.

See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.

  1. Colo. Rev. Stat. § 13-14-105.5,  18-1-1001(9), 18-6-801(8). []
  2. Colo. Rev. Stat. § 18-6-801(8). []
  3. Colo. Rev. Stat. § 18-1-1001(9). []
  4. Colo. Rev. Stat. § 18-1-1001(3)(c). []
  5. Colo. Rev. Stat. § 13-14-105.5(11). []
  6. Colo. Rev. Stat. § 13-14-104.5. []
  7. Colo. Rev. Stat. § 18-6-803.5(1)(c). []
  8. Colo. Rev. Stat. § 13-14-105.5,  18-1-1001(9), 18-6-801(8). []
  9. Colo. Rev. Stat. § 18-12-108(6)(c)(I). []

Background Checks in Indiana

Posted on Tuesday, June 30th, 2015

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

Indiana is not a point of contact state for the NICS. Indiana law explicitly requires dealers to conduct a background check prior to transferring a handgun, by contacting the FBI directly.1 Although Indiana has no law explicitly requiring firearms dealers to initiate a background check prior to transferring a long gun, the federal law requires dealers to initiate a background check prior to the transfer of any kind of gun by contacting the FBI directly.2

See our Background Checks policy summary for a comprehensive discussion of this issue.

Indiana does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm. See our Private Sales policy summary.

  1. Ind. Code Ann. § 35-47-2.5-4(a). []
  2. Federal Bureau of Investigation, National Instant Criminal Background Check System Participation Map, at http://www.fbi.gov/about-us/cjis/nics/general-information/participation-map (last visited Oct. 24, 2011). []

Guns in Vehicles in Indiana

Posted on Tuesday, June 30th, 2015

Indiana prohibits carrying a firearm in a vehicle without a license to carry a handgun unless the vehicle is owned, leased, rented, or otherwise legally controlled by the person, and the handgun is unloaded, not readily accessible, and secured in a case.1 The same conditions apply if the person is lawfully in a vehicle owned, leased, rented, or otherwise legally controlled by another person so long as the person carrying the handgun is lawfully in the vehicle.2

However, no person may adopt or enforce an ordinance, resolution, policy or rule that prohibits or has the effect of prohibiting an employee of the person from possessing a firearm or ammunition that is locked in the trunk of the employee’s vehicle, kept in the glove compartment of the employee’s locked vehicle, or stored out of plain sight in the employee’s locked vehicle.3 This restriction does not apply in various, specifically named locations including school property and a private residence.4

Indiana law generally prohibits operating a an off-road vehicle or snowmobile while transporting a firearm on or in the vehicle, unless the firearm is unloaded, and securely encased or equipped with and made inoperative by a “manufactured keylocked trigger housing mechanism.”5 This restriction does not apply to any person who may legally carry a handgun; is carrying a firearm on property he or she has a legal right to possess; or is carrying on property with the permission from the property owner.6

  1. Ind. Code Ann. § 35-47-2-1. []
  2. Id. []
  3. Id., Ind. Code Ann. § 34-28-7-2. []
  4. See Ind. Code Ann. § 34-28-7-2(b) for the list. []
  5. Ind. Code Ann. § 14-16-1-23(a)(9). []
  6. Ind. Code Ann. § 14-16-1-23(b). []

Retention of Sales & Background Check Records in Indiana

Posted on Tuesday, June 30th, 2015

Indiana does not have any laws requiring the retention of sales records or background check records or the reporting of sales to a state or local agency.

See our Retention of Firearm Sales and Background Check Records policy summary for a comprehensive discussion of this issue.

Mental Health Reporting in Indiana

Posted on Tuesday, June 30th, 2015

Federal law prohibits possession of a firearm or ammunition by any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.”1 No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (“NICS”) database, which the FBI uses to perform background checks prior to firearm transfers.

In Indiana, the Division of State Court Administration is responsible for administering an electronic system for receiving information about individuals prohibited from possessing a firearm and transmitting this information to NICS.2  A court must transmit information to the Division for transmission to NICS whenever it finds that a person is:

  • “Mentally ill and either dangerous or gravely disabled” (necessitating either inpatient or outpatient treatment);3
  • Not responsible for a crime by reason of insanity;4
  • Guilty of a crime but mentally ill;5 or
  • Not competent to understand criminal proceedings against him- or herself.6

In addition, the Department of Corrections must transmit information to the Division for transmission to NICS whenever it “involuntarily transfers” a criminal to the Division of Mental Health and Addiction.7

Lastly,  the court or Department of Correction must transmit information to the Department of State Court Administration for transmission to NICS regarding previously-committed individuals whose firearms eligibility has been restored.8

See our Mental Health Reporting policy summary for a comprehensive discussion of this issue.

  1. 18 U.S.C. § 922(d)(4). []
  2. Ind. Code § 33-24-6-3(a)(8). []
  3. Ind. Code §§ 12-26-6-8(g), 12-26-7-5(c). []
  4. Ind. Code § 35-36-2-4(e). []
  5. Ind. Code § 35-36-2-5(f). []
  6. Ind. Code § 35-36-3-1(c). []
  7. Ind. Code § 11-10-4-3(e). []
  8. Ind. Code § 33-23-15-2(c). []