Buck, 040220 INAGO, AGO 2020-4

• Case Date: April 02, 2020
• Court: Indiana

The Honorable Jim Buck AGO 2020-4 No. 2020-4 Indiana Attorney General Opinion State of Indiana Office of the Attorney General April 2, 2020          The Honorable Jim Buck          Indiana State Senate          200 W. Washington Street          Indianapolis, IN 46204          The Honorable Aaron Freeman          Indiana State Senate          200 W. Washington Street           Indianapolis, IN 46204          The Honorable Jim Tomes          Indiana State Senate          200 W. Washington Street          Indianapolis, IN 46204          RE: Local Government Restriction of Firearms During Emergencies          Dear Senators Buck, Freeman, and Tomes:          This opinion is in response to your request for an official opinion of the Attorney General regarding whether a city, county, or other political subdivision may restrict the sale of firearms during an emergency declaration.          QUESTION PRESENTED          Whether a city, county, or other political subdivision may restrict the sale of firearms during an emergency declaration.          BRIEF ANSWER          No; under the Indiana Code, a city, county, or other political subdivision is prohibited from restricting the sale of firearms during an emergency declaration.          BACKGROUND          On March 6, 2020, Governor Holcomb issued Executive Order 20-02, which declared a public health emergency in the State of Indiana due to the COVID-19 outbreak. On March 11, 2020, the World Health Organization declared the COVID-19 outbreak a global pandemic. On March 13, 2020, President Trump declared a national emergency in response to the COVID-19 pandemic.          On March 23, 2020, Governor Holcomb issued a “stay at home order” in Executive Order 20-08. Section 14p of Executive Order 20-08 specifically lists “firearm and ammunition suppliers” among essential businesses and operations. On March 28, 2020, the United States Department of...