Indiana Localities Are Prohibited from Ordering the Closure of Licensed Gun Dealers, Even During Declared Emergencies

Posted 6 months ago — Ooley Law Blog

Indiana Attorney General Curtis Hill determined in an official opinion issued on April 2, 2020, that cities and towns may not order licensed gun dealers to close under emergency orders issued by Gov. Eric Holcomb.

Indiana counties and municipalities have “home rule” under Ind. Code§ 36-1-3-4. However, this is limited to powers granted to a unit by statute and all other powers necessary or desirable in the conduct of its affairs, even though not granted by statute. Ind. Code§ 36-1-3-4(b).

Local governments only retain power which is not constitutionally or statutorily denied. See Ind. Code§ 36-1-3-5. Here, all political subdivisions are prohibited, by way of Ind. Code § 35-47-11.1-2, from regulating firearms and ammunition. Even in times of declared emergency, all political subdivisions are prohibited from engaging in regulation of firearms under Ind. Code § 10-14-3-12.

You can see the full opinion below:

 

Official Opinion 2020-4