Keith Mack
In 2022, Indiana Gov. Eric Holcomb signed the 'constitutional carry' bill into law, which came into effect on July 1, 2022. This law removes the requirement to obtain a permit to carry a handgun in Indiana. However, it is important to note that this law only applies to handguns and not to other types of guns, such as rifles or long guns. While the constitutional carry law allows individuals to carry a handgun without a permit, there are still restrictions in place, and certain individuals are prohibited from carrying a handgun, including those with specific past criminal convictions.
| Characteristics | Values |
|---|---|
| Name of Law | Constitutional Carry Law |
| Other Names | Permitless Carry Law, Constitutional Carry Bill |
| Year Passed | 2022 |
| Effective Date | July 1, 2022 |
| Bill Number | HEA 1296 |
| Passed By | Indiana General Assembly |
| Signed By | Governor Eric Holcomb |
| Gun Types Covered | Only handguns |
| Background Checks | Required for purchases from Federal Firearms License dealers, not for private sales |
| Age Limit | 18 years and older |
| Reciprocity | Recognized by approximately 31 states |
| Exceptions | Individuals with certain past criminal convictions, those not meeting age and psychological requirements, etc. |
| Other Requirements | Firearms cannot be carried on school property, school buses, federal buildings, aircraft, or airports |
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What You'll Learn
Handgun license requirements
As of July 1, 2022, Indiana has a permitless carry option, meaning that certain individuals may carry a firearm for self-defense without obtaining a license to do so. However, there are still some requirements and restrictions in place.
Firstly, individuals must meet the criteria of a "proper person" under Indiana law (IC 35-47-2-1.5) to carry a firearm without a permit. It is recommended that individuals speak to an attorney to determine their personal compliance with this law before carrying a handgun without a permit.
Secondly, even with the new permitless carry option, there are still some individuals who are not permitted to carry a handgun in public and may face legal charges if they do so. This includes individuals with certain past criminal convictions, such as those convicted of a federal or state offense punishable by a term of imprisonment exceeding one year, or those who have renounced their US citizenship.
Despite the removal of the requirement for a permit to carry a firearm, individuals wishing to purchase a firearm from a Federal Firearms License (FFL) dealer must still undergo a background check. FFL dealers will use the FBI's National Instant Background Check System to verify if an individual is flagged or a proper person under federal law to possess a firearm.
For those who wish to obtain a handgun license in Indiana, the process is as follows:
- Complete a "Handgun License Application" online at the Indiana State Police Handgun Licensing Portal.
- Schedule an appointment to submit your fingerprints electronically.
- Complete local law enforcement (sheriff or municipal police) agency processing within 365 days of completing the online application.
- If your application is approved, your permit will be sent to you via mail. If it is rejected, you will be notified.
It is worth noting that Indiana also offers a lifetime or 5-year firearms permit option. As of July 1, 2021, the lifetime license to carry a handgun (LTCH) became fee-exempt, and the 5-year LTCH will be fee-exempt from July 1, 2022.
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Background checks
Indiana's constitutional carry law, which came into effect in July 2022, allows individuals to carry a handgun without a permit. However, this does not change the rules for federal background checks when purchasing firearms.
When buying a gun from a licensed dealer, individuals must complete ATF Form 4473 and undergo a background check through the FBI's National Instant Criminal Background Check System (NICS). This system verifies the eligibility of the buyer to legally purchase a firearm. The NICS background check requirement is waived if the buyer has a five-year or lifetime license to carry a handgun (LTCH) issued within the past five years.
Indiana law defines a "proper person" eligible to purchase and carry a firearm. Individuals with certain convictions, such as domestic violence or resisting law enforcement, or those with documented substance abuse issues, are disqualified from firearm ownership. Additionally, individuals under 18 cannot purchase firearms, and those under 23 who were "adjudicated delinquent children" for acts that would be felonies if committed by adults are also restricted.
While Indiana's permitless carry law removes the need for a background check when carrying a handgun in public, background checks are still required when purchasing a firearm from a licensed dealer. Private sales from individuals who are not FFL dealers do not require background checks, which has raised concerns about the ease of access to firearms without proper screening.
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Reciprocity agreements
Indiana's House Enrolled Act 1296, which came into effect on July 1, 2022, allows individuals to carry a firearm without a permit. This means that Indiana joins 23 other states in affirming the right of law-abiding citizens to carry a firearm for self-defence without prior government permission.
However, there are still some restrictions on who can carry a firearm. Individuals with certain past criminal convictions, such as those convicted of a federal or state offence punishable by more than one year of imprisonment, are prohibited from carrying a handgun. Additionally, individuals must still undergo a background check when purchasing a firearm from a Federal Firearms License (FFL) dealer to ensure they are legally permitted to possess a firearm.
Indiana offers both resident and non-resident licenses for carrying a firearm. The non-resident licenses are for out-of-state residents who have a regular place of business or employment in Indiana. It is important to note that some states only honour Indiana resident licenses and not those issued to non-residents. Therefore, individuals should check the laws of the specific state they are travelling to before bringing their firearms there.
Indiana also has reciprocity agreements with other states regarding the carrying of firearms. For example, Indiana has adopted the Law Enforcement Officers Safety Act (LEOSA), which allows qualified law enforcement officers (LEOs) and retired LEOs to carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, with some exceptions. This law also applies to retired officers in Indiana through the issuance of a LEOSA Training and Qualification Card upon completing a qualification course.
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Gun crime consequences
Indiana has a permitless carry law, allowing citizens to carry a firearm without a permit, as long as they are legally able to possess one. However, Indiana still enforces strict laws and penalties for gun-related crimes.
Indiana's gun laws are regulated by Indiana Code Title 35 Article 47, which covers gun possession and the carrying of firearms. Carrying a handgun without a permit is a Class A misdemeanour, punishable by up to a year in jail, $5,000 in fines, or both. Aggravating factors, such as prior convictions or possessing multiple firearms, can lead to increased penalties and even felony charges.
Certain gun offences, especially those involving violent crimes or drug trafficking, carry mandatory minimum prison sentences, regardless of extenuating circumstances. Indiana's "castle doctrine" allows the use of deadly force in self-defence or defence of one's home, but this is subject to strict legal requirements and does not grant blanket immunity. Merely owning a gun does not provide a defence for using deadly force; specific circumstances, such as an imminent threat, must be present.
Indiana was one of the first states to implement an Extreme Risk law, which allows courts to temporarily suspend an individual's access to firearms if they are deemed to be a significant risk to themselves or others. This law has helped Indiana address its high gun homicide and suicide rates, which are above the national average.
Other gun control measures in Indiana include regulating ghost gun parts, barring the purchase of certain assault-style weapons, prohibiting devices that alter trigger mechanisms, and limiting the size of gun magazines. Indiana also bars domestic abusers from owning guns and prohibits the public carry of firearms on state capitol grounds.
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Police powers
Indiana passed firearm legislation known as the Indiana constitutional carry law in 2022. This law removes the requirement for a license to carry a handgun in the state, allowing for permitless carry. However, it is important to note that this law only applies to handguns and not to other types of guns like rifles or long guns.
Under the new law, individuals over the age of 18 who are not felons and meet the criteria of a "proper person" under Indiana law can carry a handgun without a permit. The definition of a "proper person" excludes those with convictions for certain offences, such as domestic violence or resisting law enforcement, or those with documented substance abuse issues.
Indiana law enforcement officers have certain powers related to firearms. They can seize firearms from individuals deemed dangerous to the public or themselves under the Jake Laird Law or red flag law. This requires officers to obtain a warrant or file an affidavit explaining why the individual is dangerous. If the court determines the individual is dangerous, it will order the police to retain the firearm and suspend the individual's firearm license.
Additionally, Indiana State Police are responsible for issuing firearm licenses to eligible individuals. They conduct the necessary checks to determine if an applicant meets the criteria of a "proper person" under Indiana law. The Indiana State Police Firearms Licensing Unit has specific requirements for submitting fingerprint cards and applications, which must be done electronically.
While the constitutional carry law removes the requirement for a license to carry a handgun, there are still restrictions on where firearms can be carried. Firearms are prohibited in certain places, such as school properties, commercial airplanes, courthouses, and private businesses that choose to forbid them. It is also generally illegal to discharge firearms within city limits, but it may be permitted on one's own property outside city limits with adequate safety measures.
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Frequently asked questions
Indiana's constitutional carry law removes the requirement for a permit to carry a firearm.
The law only covers handguns, not rifles or long guns.
No, you do not need a permit to carry a handgun in Indiana. However, you must still undergo a background check to purchase a handgun.
Yes, there are still restrictions on who can carry a handgun. Individuals with certain past criminal convictions, as well as those who do not meet age and psychological requirements, are prohibited from carrying handguns.
No, there are restrictions on where firearms can be carried. Firearms are not allowed on school property, school buses, federal buildings, aircraft, or airports. Additionally, private property owners can control who carries a firearm on their property.
