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Home » 2007 Issues » Weekly Report - 03/15/2007 to 03/21/2007 » 20070321-IR-240060418FRA Adds 240 IAC 9 to establish and enforce rules regulating weapons and devices at the Indiana Government Center Campus. Effective 30 days after filing with the Publisher.

  20070321-IR-240060418FRA Adds 240 IAC 9 to establish and enforce rules regulating weapons and devices at the Indiana Government Center Campus. Effective 30 days after filing with the Publisher.  

  • TITLE 240 STATE POLICE DEPARTMENT

    Final Rule
    LSA Document #06-418(F)

    DIGEST

    Adds 240 IAC 9 to establish and enforce rules regulating weapons and devices at the Indiana Government Center Campus. Effective 30 days after filing with the Publisher.



    SECTION 1. 240 IAC 9 IS ADDED TO READ AS FOLLOWS:

    ARTICLE 9. REGULATION OF DEADLY WEAPONS AND DEVICES


    Rule 1. Policy Statement


    240 IAC 9-1-1 Policy statement

    Authority: IC 10-11-2-28
    Affected: IC 10-11-2-28


    Sec. 1. (a) It is the policy of the state to protect the public peace, health, and safety and to preserve the lives and property of the people working or having business in the Indiana government center campus and to assure the continuity of state government operations. The department shall act on behalf of the state to maintain security, enforce rules relating to security, and preserve the peace in and around the Indiana government center campus.

    (b) Unless otherwise set forth in this rule or other applicable statute, this rule applies to all visitors, invitees, state employees, contractors, and agents.

    (c) This rule is in conjunction with 25 IAC 8, a rule of the Indiana department of administration.
    (State Police Department; 240 IAC 9-1-1; filed Feb 20, 2007, 3:17 p.m.: 20070321-IR-240060418FRA)


    Rule 2. Definitions


    240 IAC 9-2-1 Definitions

    Authority: IC 10-11-2-28


    Sec. 1. The following definitions apply throughout this article:
    (1) "Deadly weapon" means any of the following:
    (A) A loaded or unloaded firearm (as defined in IC 35-47-1-5).
    (B) A destructive device, weapon, device, taser (as defined in IC 35-47-8-3), electronic stun weapon (as defined in IC 35-47-8-1), or stun gun (as defined in IC 35-47-8-2), equipment, including knives, chemical substance, or other material, that, in the manner it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury.
    (C) A biological disease, virus, or organism that is capable of causing serious bodily injury.
    (2) "Department" means the state police department.
    (3) "Destructive device" has the meaning set forth in IC 35-47.5-2-4.
    (4) "Indiana government center campus" means the following:
    (A) The state capitol building.
    (B) The Indiana government center-north.
    (C) The Indiana government center-south.
    (D) The state library.
    (E) The Washington Street garage.
    (F) The Senate Avenue garage.
    (G) The land adjacent to these buildings that is owned and controlled by the state.
    (5) "Person" means visitors, invitees, state employees, contractors, and agents.
    (6) "Possession" means on or about a person's body or clothing, or in any purse, backpack, cooler, sack, carrier, or other container carried by the person or under that person's direct and immediate control.
    (7) "Terrorism" means the unlawful use of force or violence or the unlawful threat of force or violence to intimidate or coerce a government or all or part of the civilian population (as defined in IC 35-41-1-26.5).
    (8) "Weapon of mass destruction" has the meaning set forth in IC 35-41-1-29.4.
    (State Police Department; 240 IAC 9-2-1; filed Feb 20, 2007, 3:17 p.m.: 20070321-IR-240060418FRA)


    Rule 3. Items Prohibited at the Indiana Government Center Campus


    240 IAC 9-3-1 Weapons and devices prohibited

    Authority: IC 10-11-2-28


    Sec. 1. No person in possession of a deadly weapon, destructive device, weapon of mass destruction, or any other device commonly used in furtherance of terrorism, or is readily capable of causing serious bodily injury (as defined by IC 35-41-1-25) as determined by an authorized law enforcement officer shall be permitted into or permitted to remain in the Indiana government center campus.
    (State Police Department; 240 IAC 9-3-1; filed Feb 20, 2007, 3:17 p.m.: 20070321-IR-240060418FRA)


    240 IAC 9-3-2 Controlled access

    Authority: IC 10-11-2-28
    Affected: IC 10-11-2-28


    Sec. 2. There shall be established procedures and public entry screening points for identifying and prohibiting deadly weapons, destructive devices, and weapons of mass destruction from being brought, or attempting to be brought, into the Indiana government center campus.
    (State Police Department; 240 IAC 9-3-2; filed Feb 20, 2007, 3:17 p.m.: 20070321-IR-240060418FRA)


    240 IAC 9-3-3 Authorized persons

    Authority: IC 10-11-2-28


    Sec. 3. This rule does not apply to the following persons, otherwise authorized by law to carry firearms, who enter the Indiana government center campus in an official capacity and not as private citizens:
    (1) A federal, state, or local law enforcement officer or a person who has been employed or authorized by the state to provide security protection and services.
    (2) Members of the Indiana general assembly who hold an unlimited license to carry a handgun (see IC 35-47-2-4).
    (3) Members of the Indiana judiciary (see IC 35-47-2-2(4)).
    (State Police Department; 240 IAC 9-3-3; filed Feb 20, 2007, 3:17 p.m.: 20070321-IR-240060418FRA)


    240 IAC 9-3-4 Enforcement

    Authority: IC 10-11-2-28
    Affected: IC 10-11-2-28


    Sec. 4. The department shall, pursuant to IC 10-11-2-28 and this rule, enforce and implement enhanced security measures to ensure improved safety and security within the Indiana government center campus under the provisions of this rule and 25 IAC 8.
    (State Police Department; 240 IAC 9-3-4; filed Feb 20, 2007, 3:17 p.m.: 20070321-IR-240060418FRA)


    LSA Document #06-418(F)
    Notice of Intent: 20060927-IR-240060418NIA
    Proposed Rule: 20061115-IR-240060418PRA
    Hearing Held: December 18, 2006
    Approved by Attorney General: January 17, 2007
    Approved by Governor: February 16, 2007
    Filed with Publisher: February 20, 2007, 3:17 p.m.
    Documents Incorporated by Reference: None Received by Publisher
    Small Business Regulatory Coordinator: Thomas E. Melville, Major, Indiana State Police, Field Enforcement Division, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, IN 46204, (317) 232-8307, tmelville@isp.state.in.us

    Posted: 03/21/2007 by Legislative Services Agency

    DIN: 20070321-IR-240060418FRA
    Composed: Oct 31,2016 11:39:48PM EDT
    A PDF version of this document.
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Document Information

Rules:
240IAC9
25IAC8