HB 1089

                                                           Introduced Version
          HOUSE BILL No. 1089
                _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-47-11.1-4.
Synopsis: Authority to prohibit firearms in local parks. Provides that
a unit may prohibit or restrict the possession of a firearm in a public
park operated or maintained by the unit.
Effective: July 1, 2026.
                  Errington, Porter
   January 5, 2026, read first time and referred to Committee on Local Government.
2026  IN 1089—LS 6165/DI 116
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 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 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1089
    A BILL FOR AN ACT to amend the Indiana Code concerning local
 government.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 35-47-11.1-4, AS AMENDED BY P.L.175-2022,
2 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 4. This chapter may not be construed to prevent
4 any of the following:
5      (1) A law enforcement agency of a political subdivision from
6      enacting and enforcing regulations pertaining to firearms,
7      ammunition, or firearm accessories issued to or used by law
8      enforcement officers in the course of their official duties.
9      (2) Subject to IC 34-28-7-2, an employer from regulating or
10      prohibiting the employees of the employer from carrying firearms
11      and ammunition in the course of the employee's official duties.
12      (3) A court or administrative law judge from hearing and
13      resolving any case or controversy or issuing any opinion or order
14      on a matter within the jurisdiction of the court or judge.
15      (4) The enactment or enforcement of generally applicable zoning
16      or business ordinances that apply to firearms businesses to the
17      same degree as other similar businesses. However, a provision of
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1an ordinance that is designed or enforced to effectively restrict or
2prohibit the sale, purchase, transfer, manufacture, or display of
3firearms, ammunition, or firearm accessories that is otherwise
4lawful under the laws of this state is void. A unit (as defined in
5IC 36-1-2-23) may not use the unit's planning and zoning powers
6under IC 36-7-4 to prohibit the sale of firearms within a
7prescribed distance of any other type of commercial property or
8of school property or other educational property.
9(5) Subject to IC 35-47-16-1, the enactment or enforcement of a
10provision prohibiting or restricting the possession of a firearm in
11any building that contains the courtroom of a circuit, superior,
12city, town, or small claims court. However, if a portion of the
13building is occupied by a residential tenant or private business,
14any provision restricting or prohibiting the possession of a firearm
15does not apply to the portion of the building that is occupied by
16the residential tenant or private business, or to common areas of
17the building used by a residential tenant or private business.
18(6) The enactment or enforcement of a provision prohibiting or
19restricting the intentional display of a firearm at a public meeting.
20(7) The enactment or enforcement of a provision prohibiting or
21restricting the possession of a firearm in a public hospital
22corporation that contains a secure correctional health unit that is
23staffed by a law enforcement officer twenty-four (24) hours a day.
24(8) The imposition of any restriction or condition placed on a
25person participating in:
26(A) a community corrections program (IC 11-12-1);
27(B) a forensic diversion program (IC 11-12-3.7); or
28(C) a pretrial diversion program (IC 33-39-1).
29(9) The enforcement or prosecution of the offense of criminal
30recklessness (IC 35-42-2-2) involving the use of a firearm.
31(10) For an event occurring on property leased from a political
32subdivision or municipal corporation by the promoter or organizer
33of the event:
34(A) the establishment, by the promoter or organizer, at the
35promoter's or organizer's own discretion, of rules of conduct or
36admission upon which attendance at or participation in the
37event is conditioned; or
38(B) the implementation or enforcement of the rules of conduct
39or admission described in clause (A) by a political subdivision
40or municipal corporation in connection with the event.
41(11) The enactment or enforcement of a provision prohibiting or
42restricting the possession of a firearm in a hospital established
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1and operated under IC 16-22-2 or IC 16-23.
2(12) A unit from using the unit's planning and zoning powers
3under IC 36-7-4 to prohibit the sale of firearms within two
4hundred (200) feet of a school by a person having a business that
5did not sell firearms within two hundred (200) feet of a school
6before April 1, 1994.
7(13) Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23)
8from enacting or enforcing a provision prohibiting or restricting
9the possession of a firearm in a building owned or administered
10by the unit if:
11(A) metal detection devices are located at each public entrance
12to the building;
13(B) each public entrance to the building is staffed by at least
14one (1) law enforcement officer:
15(i) who has been adequately trained to conduct inspections
16of persons entering the building by use of metal detection
17devices and proper physical pat down searches; and
18(ii) when the building is open to the public; and
19(C) each:
20(i) individual who enters the building through the public
21entrance when the building is open to the public; and
22(ii) bag, package, and other container carried by the
23individual;
24is inspected by a law enforcement officer described in clause
25(B).
26However, except as provided in subdivision (5) concerning a
27building that contains a courtroom, a unit may not prohibit or
28restrict the possession of a handgun under this subdivision in a
29building owned or administered by the unit if the person who
30possesses the handgun is not otherwise prohibited from carrying
31or possessing a handgun.
32(14) The enactment or enforcement of an ordinance or
33resolution by a unit (as defined in IC 36-1-2-23) prohibiting or
34restricting the possession of a firearm in a public park
35operated or maintained by the unit.
 2026  IN 1089—LS 6165/DI 116