-
Notifications
You must be signed in to change notification settings - Fork 0
Indiana Constitutional Carry Laws
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Gun control laws in the United States are governed by both federal and state regulations, aimed at balancing individual rights with public safety concerns.
Federal law, administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), regulates firearms through licensing requirements for dealers, restrictions on dangerous firearms, and background checks via the National Instant Criminal Background Check System (NICS).
Indiana’s state gun laws are generally less restrictive compared to other states, with specific regulations governing the purchase, possession, and use of firearms.
Indiana prohibits certain weapons and ammunition types, including machine guns and armor-piercing bullets, with exceptions for military and law enforcement use. Notably, Indiana does not enforce bans on assault weapons or high-capacity magazines, nor does it restrict ghost guns assembled from kits or 3D-printed.
Gun purchases through federally licensed dealers in Indiana require a criminal background check before transfer. Private sales, however, do not mandate such checks.
As of July 1, 2022, Indiana adopted a permitless carry law, allowing individuals aged 18 and older who are legally eligible to possess firearms to carry them openly or concealed without a permit.
Residents and eligible non-residents may apply for a handgun license in Indiana through local law enforcement agencies. The state does not charge a fee for these licenses, although applicants must undergo a background check and provide fingerprints.
Despite its permissive carry laws, Indiana restricts firearms in specific locations, including schools, airports, state fairgrounds, casinos, jails, and certain government buildings. Private businesses and employers can also prohibit firearms on their premises.
Enacted in 2020, Indiana’s red flag law permits law enforcement to seize firearms from individuals deemed a risk to themselves or others. The process involves court review and may result in temporary firearm confiscation pending a final hearing.
Indiana’s approach to gun control aims to balance individual rights with public safety, reflecting a blend of permissive carry laws with measures to restrict firearms in sensitive locations and mitigate risks posed by dangerous individuals.
Indiana’s gun control laws are detailed in state statutes designed to balance public safety with individual rights.
Key statutes include:
- Indiana Code, Title 35, Article 47: Weapons and Instruments of Violence
- Section 35–47–1–7: Meaning of a “proper person”
- Section 35–47–2–1: Carrying a handgun without a license
- Section 35–47–2–1.5: Person who may not carry a handgun
- Section 35–47–2–3: Application for license to carry handgun; procedure
- Section 35–47–2–7: Prohibited sales or transfers of ownership
- Section 35–47–2–18: Obliterating identification marks on handgun or possession
- Section 35–47–2.5–16: Criminal transfer of a firearm
- Section 35–47–4–5: Unlawful possession of firearm by serious violent felon
- Section 35–47–4–6: Unlawful possession of firearm by domestic batterer
- Section 35–47–4–6.5: Unlawful possession of firearm by dangerous person
- Section 35–47–4–8: Unlawful possession of firearm by alien
- Section 35–47–4–9: Unlawful possession of firearm by dangerous person (former juvenile offender)
- Section 35–47–5–8: Machine guns
- Section 35–47–5–11.5: Possession of armor-piercing ammunition
- Section 35–47–6–1: Possessing a firearm in commercial or chartered aircraft
Indiana prohibits ownership of:
- Machine guns
- Armor-piercing handgun ammunition
No waiting period is required to own a firearm in Indiana.
Indiana prohibits firearm possession by individuals prohibited under state or federal law, including those convicted of serious violent felonies, domestic battery, or deemed dangerous by a court under the red flag law. Other prohibitions include fugitives from justice, illegal noncitizens, and those adjudicated as mentally incompetent.
No license is required to purchase or own firearms in Indiana.
No, Indiana allows permitless carry for individuals not otherwise prohibited by law. Location restrictions may apply.
Yes, open carry is permitted in Indiana for eligible individuals, with potential location restrictions.
To obtain a concealed carry license, applicants must meet specific criteria including age requirements, good character, and background checks ensuring they are not prohibited from possessing firearms.
Possession of machine guns is generally prohibited in Indiana.
Penalties vary depending on the offense and may include fines and imprisonment. Offenses include unlawful possession, transfer, or operation of firearms under illegal circumstances.