HEA 1085 Summary

• Creates a new chapter (IC 35-47-8.5) establishing procedures for chief law enforcement officers to certify applications for transfer or manufacture of National Firearms Act (NFA) firearms as required by federal law, effective July 1, 2016.

• Requires chief law enforcement officers to issue certification within 15 days of receiving a completed request unless the applicant is prohibited by law from possessing firearms or is subject to a proceeding that could result in such prohibition.

• Prohibits chief law enforcement officers from denying certification based on generalized objections to private firearm manufacturing, transferring, or receiving if possession is otherwise lawful.

• Limits information that may be required from applicants to identification information, background check materials including NICS checks, and information about arrests or proceedings affecting firearm eligibility; prohibits requiring access to private property as a condition of certification.

• Allows applicants denied certification to file court action to compel issuance, with courts awarding attorney's fees and costs to prevailing applicants if no substantial basis for denial is found, and grants chief law enforcement officers civil immunity except for gross negligence or willful misconduct.