Published in Uncategorized on September 23, 2021.
Indiana Concealed Carry Law
Indiana’s concealed carry license permits both open and concealed carry of handguns.
The statutes are mute in regard to long guns. You do not need the permit to purchase a handgun in Indiana.
You must carry the permit at all times while possessing a concealed handgun.
Anyone with a permit can carry firearms in a vehicle. If you do not have a permit, you must keep your gun unloaded and in a locked compartment of the vehicle.
There is no requirement that you must notify a law enforcement officer that you have a firearm.
In order to obtain the Indiana concealed carry permit you must be over 18 and have a government-issued photo ID. You must be a legal US citizen and be able to prove Indiana state residency.
Members of the armed forces stationed in Indiana may use their permanent orders with their military ID as proof of residency. Non-residents must have regular business in Indiana, and can only obtain the limited, five-year license.
There is no training requirement, but you must provide the reason for carrying, e.g. protection or hunting. Indiana is a shall-issue state, meaning it must issue permits to applicants that meet the statutory requirements.
Indiana laws prohibit carrying guns in certain zones. They include school property, airports, aircraft, riverboat casinos, and the annual state fair. And you cannot carry a gun in any place where federal law prohibits it, such as post offices.
Furthermore, a private business may choose to prohibit weapons via signage. Although it is not technically illegal to carry in these places, you could possibly end up facing an arrest or trespass charge for disregarding the business owner’s wishes.
Indiana Concealed Carry Application Process
Next, schedule an appointment to have your fingerprints taken for your criminal record background check within 90 days.
Finally, you must visit your local law enforcement agency with your handgun application number and any local fee payment within 90 days. The permit applications expire 180 days after they are submitted online. If your application expires, you must update your status on the ISP Handgun Licensing Portal.
You will receive either the permit or the denial by mail. If your application is denied, you can appeal by mailing a written request to the Indiana State Police. You can find many answers to questions about the application process here.
If your gun permit is lost, stolen, or expiring, you must apply for a renewal. The process is very similar to new applications. You can apply for a renewal as soon as a full year before the expiration date.
Indiana Concealed Carry Permit Cost
There are no licensing costs for either the five-year or the unlimited permit application. The fee for fingerprinting is $12.95. There is a small processing fee for all licensing applications, which varies according to the type of license. All duplicate licenses are $20.
Qualifying for the Concealed Carry Permit in Indiana
- Convictions for resisting law enforcement within the last five years;
- Any felony convictions (unless it is pardoned or reduced to a misdemeanor);
- Convictions for domestic violence offenses (unless a court restores your right to possess a firearm;
- Court orders prohibiting handgun possession;
- A record of alcohol or drug abuse;
- Documented evidence of a propensity for violent or emotionally unstable conduct;
- False statements of material fact on the permit application;
- Convictions involving an inability to safely handle a handgun;
- Convictions for violating any Indiana gun laws within the last five years (unless pardoned);
- Convictions as a juvenile that would be a felony if committed by an adult (for people under 23);
- Involuntary commitments to a mental institution by a lawful authority, other than temporarily for evaluation;
- A previous temporary or regular commitment under Indiana Code 12-26-6 or -7;
- Been found mentally incompetent (including being found not guilty by reason of insanity, guilty but mentally ill, or incompetent to stand trial); or
- A current designation as dangerous by a court.
If you have a felony or domestic violence conviction, you may be able to have your right to possess a firearm restored after expungement or pardon.
Expungements will not be granted for a “serious violent felony.” Pardons may be granted if 15 years have passed since the offense.
The governor may also issue conditional pardons if the state police superintendent determines that circumstances have changed since the conviction and the person will lawfully handle a handgun.
Restoration of Right To Possess after Convictions for Domestic Violence Offenses
After five years, someone with a domestic violence conviction can petition a court to restore their right to possess a firearm. The court will consider whether the person:
- Is the subject of any protective orders, no-contact orders, or workplace restraining orders;
- Has any other order prohibiting firearm possession;
- Has successfully completed any substance abuse programs or parenting classes (if relevant);
- Is still a threat to the victim; and
- Has any subsequent offenses.
The court can consider any other reasons that the person should not possess a firearm. It can also condition restoration upon specific conditions. If the petition is denied, the person must wait a year before refiling.
If a court reverses the domestic violence conviction after appeal or post-conviction review, the right to possess will be restored either when the prosecutor states that they will not refile charges, or 90 days after the final disposition.
Reciprocity with Other States
Indiana accepts all other state gun licenses for non-residents. Other states treat Indiana permits as follows:
- Accepted, but you must handle your handgun in accordance with that state’s laws in Alabama, North Dakota, and Montana;
- Accepted, with varying restrictions in Colorado, Florida, Georgia, Iowa, Michigan, Louisiana, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, Utah, Wisconsin, and Wyoming; and
- No permits required in Arizona, Alaska, Arkansas, Idaho, Kansas, Kentucky, Maine, Mississippi, Missouri, New Hampshire, Oklahoma, South Dakota, Vermont, or West Virginia.
The following states do not honor Indiana permits: California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, South Carolina, Washington D.C., Washington State, and Puerto Rico.
Always check the laws of the state you are traveling to or through.
Changes to the Concealed Carry Laws in Indiana
In the last few years, Indiana has eliminated the state permit fees for both the five-year and the lifetime permits.
Recently, the Indiana House of Representatives voted to eliminate the lifetime concealed carry permit. This would make Indiana a “constitutional carry” state. However, it was not heard by the Senate, and the bill died.
Experienced Indianapolis Attorneys Are Prepared to Assist You
Were you denied a handgun license? Are you unsure about your eligibility to get an Indiana gun permit? Do you have questions about expunging a conviction?
Eskew Law LLC can help. Our skilled lawyers have years of experience providing clients with representation tailored to their needs. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana.
Contact us for a consultation, or call Eskew Law LLC at (317) 316-8909 now.