Indiana is now what’s known as a constitutional carry state. That means you no longer need a license to carry a handgun. Sounds simple, right? It’s actually anything but.
Article 1, Section 32 of the Indiana Constitution says the people shall have a right to bear arms, for the defense of themselves and the State. But guess what? There are plenty of people who are prohibited from possessing firearms in Indiana, including:
- Anyone with a pending felony charge;
- Anyone not lawfully in the United States;
- Anyone who’s renounced their citizenship;
- Anyone who’s the subject of a protective order based on domestic or family violence;
- Anyone dishonorably discharged from the military;
- Anyone with a stalking conviction;
- Anyone who’s a fugitive from justice; and
- Anyone deemed a dangerous individual under Indiana’s red flag law.
That’s not all. Folks with a felony conviction are also not allowed to have guns. This seems like a straightforward rule, but it’s really not. What counts as a felony conviction? Some felonies drop to misdemeanors at the conclusion of a case. Some felonies drop to misdemeanors on a judge’s say-so. Some felonies are supposed to drop to misdemeanors but don’t.
Sometimes even a misdemeanor conviction is enough to keep a firearm out of your hands, as in the case of a misdemeanor conviction for a crime of domestic violence. A person in this situation is ultimately allowed to apply to have their firearm rights restored, but that’s a whole other can of worms.
Keep in mind: Police are very good at arresting people, but they have little interest in helping people to avoid arrest. If you’re unsure whether you’re legally permitted to have a gun, don’t call the police. They won’t help.
If you remain uncertain about your status, the best thing you can do is go online and apply for a permit. The process is free, and if anything in your background conclusively prevents lawful gun ownership, you will be notified. If you are allowed to possess a firearm, you’ll be able to get an Indiana handgun license, though recognition by other states may vary.
Bottom line: Indiana has very liberal gun laws, but it doesn’t have no gun laws. There are still rules in place, and we don’t want anyone getting in trouble for trying to exercise what they believed to be a protected constitutional right. If you have any questions, give us a call at 317-632-3642 and remember—always plead the 5th!
