Indy passes stolen gun requirements; veto likely

Shrugging off looming legal concerns, the City-County Council on Monday approved an ordinance requiring gun owners to report lost or stolen firearms to the Indianapolis Metropolitan Police Department or pay a fine.

The proposal was sponsored by Democratic Councilman Kip Tew and passed 15-14, along party lines. But it appeared unlikely that it would take effect, with concerns out of the mayor's office pointing toward a likely veto.

Backers said it wasn't a cure-all to the city's crime epidemic but hope the reporting requirements would help law enforcement track stolen weapons that might be used in future crimes.

“If we don’t start working on this issue, it is not going to get better before it gets worse," said Democratic Councilwoman Pamela Hickman. "We have a gun problem, and this is a start” to finding a solution.

The ordinance would require gun owners to report a lost or stolen firearm within 48 hours of realizing it has been stolen, or face a $50 fine. There are exceptions for those who are unable to report the theft in a timely manner because of illness or other circumstances.

Mayor Greg Ballard and Council Republicans said they were worried the ordinance could conflict with a state firearms law — and, as a result, could leave the city vulnerable to a lawsuit.

The state law passed in 2011 pre-empts local governments from regulating firearms and ammunition. It also gives organizations that are “dedicated … to protecting the rights of persons who possess, own or use firearms,” such as the National Rifle Association, legal standing to sue in court if a local agency is found in violation of the law.

"As things stand now, he has some significant concerns about the legality and the timing of the proposal,” Jen Pittman, spokeswoman for Ballard, said in a text message.

But backers were undeterred, saying that the law, which primarily refers to gun ownership and sales, doesn't apply to the proposal.

“I believe you have to suspend your belief in the English language to believe that that (the state pre-emption law) has anything to do with guns that are lost or stolen," Tew said.

“We are not regulating guns in any way. We are trying to require people to report something that is lost or stolen.”

Nine states and Washington, D.C., have similar laws requiring firearms owners to report the loss or theft of their firearms to law enforcement, according to the Law Center to Prevent Gun Violence, a gun control advocacy group.

There is no comprehensive data on stolen firearms locally, and the most recent national data is outdated. But a federal Bureau of Justice Statistics report found that as many as 1.4 million firearms were stolen in the U.S. from 2005 to 2010.

Several Republicans, though, doubted the ordinance would help, calling it "void," "unenforceable" and a magnet for a costly lawsuit.

“I guess we’re going to criminalize the victim for having their gun stolen,” said Republican Councilman Aaron Freeman.

Call Star reporter Brian Eason at (317) 444-6129. Follow him on Twitter: @brianeason.