Simone Lawson
Indiana became a constitutional carry state in 2022 when state lawmakers passed HEA 1296, removing the requirement to have a permit to carry a handgun. The legislation, which was signed into law by Republican Gov. Eric Holcomb, allows eligible gun owners to carry a concealed weapon in public without a permit. However, it is important to note that there are still some individuals who are prohibited from carrying a handgun, including those with certain convictions and those who do not meet specific age and psychological requirements. Additionally, firearms are not permitted on school property, school buses, federal buildings, aircraft, or airports. While Indiana has joined the growing list of constitutional carry states, it is recommended that individuals seeking to understand their rights and responsibilities under the law consult with legal professionals.
| Characteristics | Values |
|---|---|
| Date of enactment | July 1, 2022 |
| Requirements | No permit needed to carry a firearm; must be eligible to own a gun; must be 21 years or older to buy a handgun; must be a resident of Indiana to buy a handgun |
| Limitations | Does not apply to all guns, only handguns; does not apply to those convicted of certain violent crimes or those who do not meet age and psychological requirements; firearms cannot be carried on school property, school buses, federal buildings, aircraft, or airports |
| Reciprocity agreements | Indiana residents may carry in other states with reciprocity agreements, but typically need a license to do so |
| Challenges | Gun owners may face challenges in purchasing a handgun or other firearm |
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What You'll Learn
Handgun licenses and misdemeanours
In 2022, Indiana removed the requirement to have a permit to carry a handgun. This means that, as of July 1, 2022, those eligible to purchase a gun no longer need to apply for a license to carry a handgun in Indiana. Current handgun owners with an Indiana license to carry no longer have to take their license with them when carrying the weapon. However, it remains illegal for some individuals to carry a firearm, including those who have been convicted of certain violent crimes, and those who do not meet certain age and psychological requirements.
Despite pushback from law enforcement officers, police chiefs, and the state police superintendent, Republican Governor Eric Holcomb signed the constitutional carry bill into law. Law enforcement officials are hesitant to blame the new law for the increase in gun crime rates across the state. However, some have expressed concern about their limited ability to inquire about the possession of a handgun.
While Indiana's constitutional carry law removes the requirement for a permit to carry a handgun, it is still advisable to seek a handgun license. A license serves as a check to ensure that an individual is permitted to purchase and possess a handgun. Additionally, a license is required to carry a handgun in another state with a reciprocity agreement with Indiana.
It is important to note that Indiana's permitless carry law does not apply to all guns. It only covers handguns, and individuals must still follow specific requirements when carrying a firearm. For example, firearms are not allowed on school property, school buses, federal buildings, aircraft, or airports. Furthermore, anyone buying a handgun from a Federal Firearms License dealer in Indiana must still undergo a background check, while a private sale does not require one.
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Police concerns
Indiana's constitutional carry law, which came into effect in July 2022, has raised concerns among police and law enforcement officials about its potential impact on public safety and their ability to enforce gun regulations.
One of the primary concerns expressed by police is the challenge of identifying individuals who are prohibited from carrying firearms, such as those with violent felony convictions or a history of domestic violence. Previously, during a traffic stop, officers could run a check to determine if an individual had a valid handgun permit. Now, without the permit requirement, police will no longer have this tool to quickly determine if someone is legally allowed to possess a firearm. This makes it more difficult for officers to seize guns from individuals who are prohibited from carrying them, as they must first suspect a crime before running a full background check.
Police worry that the law will result in more guns ending up in the hands of people who should not have them, potentially leading to an increase in violent crime. An analysis of FBI crime data in states with similar permitless carry laws found that 11 out of 14 states saw a rise in the number of officers assaulted by a firearm. While the numbers were relatively small, ranging from single to triple digits in a year, the data still raises concerns. The concern is that relaxing restrictions on civilian gun carrying could lead to more violent crimes involving guns, rather than less.
Additionally, police chiefs and law enforcement officers in Indiana have expressed hesitation in fully embracing the new law. They acknowledge the limitations it places on their ability to inquire about handgun possession during interactions with the public. While they are committed to enforcing the law, they remain vigilant in monitoring its impact on public safety.
Despite these concerns, it is important to note that the law does include some safeguards. For example, individuals must still meet the definition of a "proper person" to purchase a gun, excluding those with certain convictions or adjudications that indicate an inability to safely handle a firearm. Additionally, law enforcement officers can still seize firearms from individuals deemed dangerous through the Jake Laird Law or red flag law, which allows them to obtain a warrant or file an affidavit explaining the individual's danger to themselves or others.
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Reciprocity agreements
Indiana became a constitutional carry state on July 1, 2022, allowing individuals over the age of 18 to conceal carry without a permit, as long as they are legally permitted to possess a firearm. This means that Indiana residents are no longer required to obtain a handgun license to be eligible for permitless carry within the state. However, it is still advisable to obtain a handgun license to ensure that an individual is permitted to purchase and possess a handgun. It is important to note that the constitutional carry law only applies to handguns and not to rifles or long guns.
When it comes to reciprocity agreements, Indiana honors concealed carry permits from every U.S. state. Non-residents may also conceal carry under the Indiana constitutional carry law, provided they are legally eligible to do so. Additionally, Indiana issues non-resident concealed carry permits to individuals who have a regular place of business or employment in the state. Indiana offers both resident and non-resident licenses, with some states only honoring Indiana resident licenses.
Indiana is a "shall-issue" state, which means it allows both residents and non-residents to open or conceal carry with or without a CCW license. To qualify for an Indiana concealed carry permit, individuals must meet certain requirements, including being at least 18 years old, having a “proper reason” to carry a handgun, being of good character and having a good reputation, and meeting all federal requirements. It is important to note that certain factors, such as a felony conviction, can make an individual ineligible for an Indiana carry permit.
Law enforcement officers (LEOs) and retired LEOs (RLEOs) have additional options for carrying under the Law Enforcement Officers Safety Act (LEOSA). Qualified LEOs and RLEOs can carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, with some exceptions. Indiana has adopted specific code sections that mirror the Federal LEOSA requirements, and the Indiana Law Enforcement Academy (ILEA) offers a qualification course for retired police officers.
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Firearm requirements
In July 2022, Indiana became a constitutional carry state. This means that, under Indiana Code § 35-47-2-3, individuals who are over 18 and do not have a felony conviction are no longer required to obtain a permit to carry a handgun within the state. However, it is important to note that this law only applies to handguns and not to rifles or long guns. Additionally, federal gun laws still impose several requirements and restrictions, including bans on felons purchasing weapons.
When purchasing a firearm from a licensed dealer in Indiana, individuals must complete ATF Form 4473 and undergo a background check through the FBI's National Instant Criminal Background Check (NICS). This background check verifies the buyer's eligibility to legally purchase a firearm. Federal law also regulates the transportation of firearms across state lines, and individuals carrying firearms in other states should be aware of that state's specific laws and regulations.
While a permit is no longer required to carry a handgun in Indiana, there are still limitations on where individuals can carry their firearms. Firearms are not permitted on school property, school buses, federal buildings, aircraft, or airports. Additionally, privately-owned businesses have the right to prohibit patrons and visitors from carrying firearms on their property, and cities, counties, and towns can restrict firearms in any building with a courtroom.
It is important to note that certain individuals are still prohibited from legally carrying firearms in Indiana, including those who have been convicted of certain violent crimes and those who do not meet specific age and psychological requirements. For individuals who have had their gun rights challenged or revoked due to a conviction, it may be possible to restore their rights through expungement of their criminal records. However, this process can vary depending on the type of crime and typically requires a waiting period of several years after the conviction.
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Gun crime rates
In 2022, Indiana became a constitutional carry state, removing the requirement to have a permit or license to carry a handgun within the state. This law applies to Indiana residents and residents of neighboring states who are over the age of 21. While this change in legislation has resulted in a decrease in handgun license applications and misdemeanors for unlawful carry, gun crime rates in the state have continued to increase.
Prior to the implementation of the constitutional carry law, Indiana police could ask to see someone's gun permit if they suspected them of carrying a weapon. However, since the new law was enacted, police are no longer allowed to ask for a gun permit unless there is \"adequate suspicion\" that the person is involved in a crime. This has made it more challenging for law enforcement to monitor and regulate gun possession and has led to concerns about the potential impact on gun violence in the state.
Experts predict that Indiana's permitless carry law is likely to lead to an increase in gun violence. Studies of states with similar laws have shown a 9% to 15% increase in violent crime rates within the first ten years of adopting permitless carry. Additionally, Indianapolis Metropolitan Police Department data from 2023 showed that the number of nonfatal, accidental shootings nearly doubled in February compared to the average for the same month in the previous five years.
While there are no current plans to revert to a licensing process, law enforcement officials are closely monitoring the impact of the constitutional carry law on gun crime rates in Indiana. It is important to note that the law does not apply to individuals with felony convictions, restraining orders, or serious mental illnesses, who are still prohibited from carrying firearms.
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Frequently asked questions
Indiana became a constitutional carry state on July 1, 2022.
It means that eligible gun owners no longer need to apply for a license to carry a handgun in that state.
To buy a handgun in Indiana, you must be at least 21 years old and a resident of the state. To purchase a firearm from a Federal Firearms License (FFL) dealer, a background check is required.
Yes, firearms are not allowed to be carried on school property, school buses, federal buildings, aircraft, or airports.
Yes, you can lose your right to own or possess a firearm if you are convicted of certain crimes. However, it may be possible to restore your gun rights through expungement of criminal records after a certain period.
