Simone Lawson
On March 22, 2022, Indiana Governor Eric Holcomb signed into law HEA 1296, Indiana's Constitutional Carry bill, making Indiana the third state to pass Constitutional Carry legislation in 2022. The bill eliminates the license requirement to carry a handgun in Indiana, despite opposition from state police. Holcomb defended his decision to sign the bill, stating that the Second Amendment important constitutional right that I fully support.
| Characteristics | Values |
|---|---|
| Name of the bill | "Constitutional Carry" or "permitless carry" |
| Bill number | HEA 1296 |
| Date signed into law | 22 March 2022 |
| State | Indiana |
| Governor's name | Eric Holcomb |
| Governor's party | Republican |
| Governor's statement | "The Second Amendment has been debated for years, yet time and again our U.S. Supreme Court has reaffirmed this important constitutional right that I fully support." |
| Governor's defence of signing the bill | "HEA 1296, which I've signed today, entrusts Hoosiers who can lawfully carry a handgun to responsibly do so within our State." |
| Number of states with similar laws | 23 (including Indiana) |
| Number of states with similar laws passed in 2022 | 3 (including Indiana) |
| Support for the bill | National Rifle Association's Institute for Legislative Action |
| Opposition to the bill | Indiana State Police Superintendent Douglas Carter, Marion County Prosecutor Ryan Mears, Chairman Mike Schmuhl, and major law enforcement groups |
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What You'll Learn
Indiana's Constitutional Carry bill
On March 21, 2022, Indiana Governor Eric Holcomb signed Indiana's Constitutional Carry bill, also known as HEA 1296, into law. This bill eliminates the license requirement to carry a handgun within the state of Indiana, making Indiana the third state to pass such legislation in 2022.
With the signing of this bill, Indiana joined 21 other states with similar laws, including Vermont, which has had a constitutional carry law in place since it became a state. The bill allows those who are eligible to purchase a gun to carry a concealed weapon without a permit. However, it is important to note that the law only applies to handguns and not to rifles or long guns. Additionally, the bill does not override federal or state laws regarding firearm possession, and individuals prohibited from possessing a firearm will still be prohibited under this law.
Governor Holcomb's decision to sign the bill was based on his support for the Second Amendment and the belief that Hoosiers who can lawfully carry a handgun should be able to do so responsibly within the state. He also noted that firearm permits would remain available without a fee for those who want or need one, especially for carrying a firearm in or through another state.
While the bill was supported by Republican legislators and Second Amendment advocates, it faced opposition from the state police head and some Democrats and Republicans due to concerns about public safety and the odd path the permitless carry language took to become law. Despite the concerns, Indiana's Constitutional Carry bill represents a significant change to the state's gun laws, and it is now one of the many states in the US with permitless carry legislation.
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Governor Holcomb's support for the Second Amendment
Governor Eric Holcomb of Indiana signed HEA 1296, also known as the "constitutional carry" or "permitless carry" bill, into law in March 2022. This bill eliminates the requirement to obtain a license to carry a handgun in Indiana, allowing Hoosiers who can lawfully carry a handgun to do so responsibly within the state. Governor Holcomb's decision to sign this bill demonstrates his support for the Second Amendment, which guarantees the right to keep and bear arms.
In his statement following the signing of the bill, Governor Holcomb acknowledged the ongoing debate surrounding the Second Amendment but emphasized his full support for this constitutional right. He highlighted that 23 other states have similar laws in place, including Vermont, which has had constitutional carry since its statehood. Governor Holcomb also assured that the new law would not override existing federal and state laws prohibiting certain individuals from possessing firearms. Individuals prohibited from possessing firearms under previous laws would remain prohibited under the new law and could be prosecuted if found with a firearm.
The signing of the constitutional carry bill by Governor Holcomb faced intense opposition from law enforcement officials and some politicians. Indiana State Police Superintendent Douglas Carter and Marion County Prosecutor Ryan Mears were among those who criticized the bill. They argued that eliminating the permit system would endanger law enforcement officers by removing a tool for screening individuals who should not have access to firearms. Despite this opposition, Governor Holcomb defended his decision, prioritizing the constitutional right to self-defense over concerns raised by law enforcement.
While Governor Holcomb's support for the Second Amendment was evident in his signing of the constitutional carry bill, it is important to note that he has also taken action to balance public safety concerns. In his statement, Governor Holcomb encouraged Hoosiers to continue applying for firearm permits, even if they are not required by law. He emphasized that a permit would assist law enforcement officers and allow for reciprocity with other states. Additionally, Governor Holcomb assured that his administration would work with law enforcement leaders to make necessary changes to firearms enforcement and improve the identification of individuals prohibited from carrying firearms.
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Opposition from law enforcement
On March 21, 2022, Indiana Governor Eric Holcomb signed HEA 1296 into law, making Indiana the 24th state to institute constitutional carry. The law eliminates the license requirement to carry a handgun in Indiana, despite opposition from state police head Doug Carter.
Carter, the Indiana State Police Superintendent, released a statement after Holcomb signed the bill saying he will continue to encourage Hoosiers to apply for handgun permits, even if it's not required. "I, like Governor Holcomb, feel enormous responsibility for frontline law enforcement officers," Carter said in a statement. "I will work with law enforcement leaders across our state to make necessary changes to firearms enforcement as well as identifying the best way to identify individuals who are not allowed to carry a firearm as defined by Indiana statute.”
Carter's statement highlights the opposition from law enforcement to the constitutional carry law in Indiana. While the law removes the requirement for a permit to carry a handgun, Carter emphasizes the importance of permits in assisting law enforcement officers and allowing reciprocity with other states. He pledges to work with law enforcement leaders to make necessary changes to firearms enforcement and to identify individuals who are prohibited from carrying firearms under Indiana law.
The opposition from Carter and other law enforcement leaders is based on concerns about the impact of the constitutional carry law on public safety and the challenges it poses for frontline officers. They argue that permits provide a layer of regulation and help law enforcement identify individuals who are prohibited from carrying firearms. By removing the permit requirement, there are concerns about how law enforcement will be able to effectively identify and prevent prohibited individuals from carrying firearms.
In addition to Carter's opposition, Democrats and some Republicans have also questioned the path that the permitless carry language took to become law. The original home of the permitless carry language, House Bill 1077, was gutted by the Senate Judiciary committee and turned into a bill addressing concerns about delays. The "constitutional carry" language was later put into a different bill on the final day of the legislative session. This unusual path to becoming law adds to the controversy surrounding Indiana's constitutional carry legislation.
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The bill's path to becoming law
The process of a bill becoming a law in Indiana involves several critical steps. Firstly, a member of the Indiana General Assembly drafts and proposes a bill. The bill then becomes public information and is read by title on the Senate floor. The bill is then referred to a committee, which decides whether to grant it a hearing. If a hearing is granted, the committee hears public testimony, amends the bill, and votes on it. If the bill receives a majority vote in the committee, it moves to a full vote by the entire chamber—either the Senate or the House of Representatives. If the bill passes this stage, it comes back to the chamber where it started for a final vote. A majority "yes" vote sends the bill to the governor's desk for approval. The governor can then sign the bill into law or veto it. However, in Indiana, the legislature has the power to override a governor's veto with a majority vote.
In the case of the Constitutional Carry bill, also known as HEA 1296, it appears that the bill followed a somewhat unusual path to becoming law. The original permitless carry language was contained in House Bill 1077, which was gutted by the Senate Judiciary Committee. The permitless carry language was then added to a different bill on the final day of the legislative session. Despite opposition from the state police head and questions about the bill's path, Indiana Governor Eric Holcomb signed the Constitutional Carry bill into law on March 22, 2022. This bill eliminated the license requirement to carry a handgun in Indiana, with Governor Holcomb citing Second Amendment rights as a key reason for his support.
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The bill's impact on other states
In 2022, Indiana became the 24th state to pass a constitutional carry or permitless carry law, joining 22 other states that had already done so. As of 2024, 28 states have passed similar legislation, with Louisiana being the most recent addition.
The constitutional carry law in Indiana, HEA 1296, eliminates the license requirement to carry a handgun within the state. This means that Indiana residents can now carry handguns in public without a permit, as long as they are allowed to possess firearms under federal and state laws. The bill also allows for Indiana residents to continue obtaining gun permits if they wish to, which will be useful for carrying firearms in other states that require a permit.
The impact of Indiana's constitutional carry bill on other states is significant. Firstly, it reinforces the trend towards relaxing gun control laws across the United States. With over 50% of U.S. states having passed similar legislation in the last two decades, it indicates a shift towards interpreting the Second Amendment as protecting an individual's right to bear arms without restrictions. This trend may encourage other states to follow suit and propose similar bills to appease gun rights supporters.
Secondly, the bill's impact on neighbouring states is worth considering. Indiana's proximity to states like Illinois, Michigan, and Ohio means that these states may experience increased attention from gun control advocates. They may face pressure to review their gun laws to either tighten restrictions or align with neighbouring states that have adopted constitutional carry. The impact could also be felt in terms of increased gun tourism, where individuals from neighbouring states with stricter gun laws may travel to Indiana to take advantage of its more relaxed gun laws.
Lastly, the bill's impact on law enforcement in other states is a concern. With Indiana residents now able to carry handguns without permits, law enforcement agencies in neighbouring states may struggle to identify individuals who are prohibited from possessing firearms. This could create challenges for law enforcement when dealing with crimes involving firearms, as it may be more difficult to trace the source or owner of a firearm involved in a crime.
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Frequently asked questions
Yes, Governor Holcomb signed the constitutional carry bill into law on March 22, 2022.
Also known as "permitless carry", the bill eliminates the requirement to have a permit or license to carry a handgun in Indiana.
Governor Holcomb's decision to sign the bill was met with mixed reactions. While it was applauded by the National Rifle Association's Institute for Legislative Action and other supporters of Second Amendment rights, it was also heavily criticized by law enforcement officials, including Indiana State Police Superintendent Douglas Carter, who raised concerns about the safety of frontline law enforcement officers.
