Gun laws may be difficult to follow, especially when a major change alters familiar rules. That uncertainty could lead someone to misunderstand who may carry a firearm or where carrying remains prohibited.
If you are facing a gun charge, you likely want a clear explanation of the law. Knowing the eligibility and location rules may help you understand why police arrested you and what issues could affect your case.
Permitless carry took effect in 2022
Indiana is a permitless carry, or constitutional carry, state. House Enrolled Act 1296 established this rule when it took effect July 1, 2022. Under the current handgun carry law, eligible adults generally may carry a handgun without first obtaining a license.
This rule applies to open and concealed carry by residents and visitors who are at least 18 years old. You generally must also have the legal right to possess and carry the weapon. Constitutional carry does not remove eligibility standards or restrictions on where you may take a handgun.
Who qualifies to carry a handgun?
The law uses the term “proper person” when describing who qualifies for a handgun license. Permitless carry applies a broader set of restrictions, including state and federal possession bans. Your criminal record, court orders and mental health history could therefore affect your rights.
You generally cannot lawfully carry if you fall within a prohibited category. Relevant conditions may include:
- A felony conviction or another offense punishable by over one year in custody
- A domestic violence conviction without restored firearm rights
- A court order that bars you from possessing a handgun
- A dishonorable discharge from the armed forces
- An involuntary mental health commitment
- A court finding that you are mentally incompetent or currently dangerous
Other restrictions may apply to some people under age 23 with felony-level juvenile adjudications. Recent convictions for resisting law enforcement or certain firearm offenses can also affect whether the state considers you a proper person.
An expungement does not always restore firearm rights by itself. The result often depends on the conviction, the relief granted and any applicable federal restriction. If you carry while legally prohibited, you could face a misdemeanor or, under some circumstances, a serious felony charge.
Where are you prohibited from carrying a firearm?
Even if you qualify, permitless carry does not authorize a handgun everywhere. The statutory definition of a proper person addresses your eligibility, but separate laws and property rules govern particular locations. Restrictions can arise in places such as:
- Schools: State law limits firearms on K-12 school property and school buses. Narrow exceptions may protect a handgun kept out of sight in a locked vehicle or carried during certain school transportation activities.
- Courts and government facilities: Security orders, posted rules and specific laws may restrict weapons in courthouses, courtrooms and some public buildings.
- Airports and aircraft: Federal law controls firearms beyond passenger screening checkpoints and aboard aircraft.
- Correctional facilities: Jails, prisons and juvenile detention centers impose strict weapon restrictions.
- Ports and casinos: Commercial shipping ports and regulated gaming facilities may apply separate firearm rules.
- Private premises: A homeowner or business may prohibit weapons. If you remain after receiving notice to leave, you could face a criminal trespass allegation.
Since each restriction has its own wording and exceptions, a “No Guns Allowed” sign does not answer every legal question on its own. The notice you received, where you carried and how you responded can all influence a case.
Do you still need a handgun license?
Although the state no longer requires a license for eligible carriers, you may still apply for a License to Carry a Handgun. A license can help when you travel because some other states recognize it. Reciprocity changes often, so you still need to check the law of every state you enter.
Five-year and lifetime licenses are fee-exempt, although fingerprinting or processing costs could still apply. The licensing process also includes a review of whether you qualify as a proper person. However, a license may not guarantee that you remain eligible or permit you to ignore location restrictions.
Even when you understand the benefits of a license, a firearm charge often involves disputed facts or a complex restriction. If police arrested you after a misunderstanding about permitless carry, legal guidance can help clarify the charge, possible defenses and consequences. Our law firm is here to review the facts and help protect your rights.