Indiana has enacted few gun safety policies. Though Indiana was one of the earliest states to enact a type of extreme risk protection order law, there is still much work to be done to ensure the safety and well-being of all Hoosiers.
As of July 1, 2022, the State of Indiana no longer requires a permit to legally carry, conceal or transport a gun within the state. This law DOES NOT allow everyone to carry a gun; Indiana law contains certain criteria which must be met for a person to legally carry within the state.
A person is PROHIBITED if they are/have been:
- Convicted of a State or Federal offense Punishable By A Term Of Imprisonment Exceeding One (1) Year;
- Convicted of a Crime of Domestic Violence, Domestic Battery or Criminal Stalking (and Firearms Rights NOT Restored);
- Restrained by an Order of Protection;
- Fugitive From Justice;
- Under Indictment (felony charges filed by a prosecutor);
- Adjudicated dangerous;
- Adjudicated a mental defective;
- Committed to a mental institution;
- Dishonorably discharged from military service or the National Guard;
- Renounced their United States citizenship;
- Less than eighteen (18) years of age;
- Less than twenty-three (23) years of age and has an adjudication as a delinquent child;
- An Alien.
A person considering carrying a handgun and not certain as to whether they fall under one of the above-mentioned categories, the Indiana State Police recommends they apply for a state-issued handgun permit at https://www.in.gov/isp/firearms-licensing/i-need-to/.
Restrictions on Where a Firearm Can Carried
Indiana law prohibits carrying firearms in schools, airports, airplanes, casinos, the Indiana Government Center, the State Fairgrounds (except for sales or trade), and penal institutions. Federal law bans firearms in federal facilities and within 1,000 feet of school zones, with some exceptions. Private businesses can restrict firearms, and you may face criminal trespass if asked to leave and refuse.
What is the Red Flag Law?
Under Indiana’s Red Flag Law, police can temporarily seize firearms from individuals deemed dangerous by court order or if there is probable cause. If taken without a warrant, a court must confirm the probable cause and hold a hearing within 14 days to decide if the person is dangerous. If so, the firearms remain in police custody. The person can petition to have them returned after 180 days if no longer considered dangerous.
Sale / Transfer of Firearms
- Indiana does not require a background check when purchasing a firearm from a private seller at a gun show or over the internet.
- Indiana law prohibits the sale or transfer of a handgun to anyone under 18, except when transferred by a parent or guardian.
- It is illegal to transfer a handgun to someone you know cannot legally purchase one or who intends to use it to commit a crime.
- “Straw purchases,” where someone buys a firearm to provide it to a person who cannot legally purchase one themselves, are also illegal.
- There is no limit to the number of firearms that can be purchased at one time.
Self Defense Laws
Indiana law allows individuals to use deadly force to protect themselves, others, or their home without the duty to retreat, known as a Stand Your Ground law.
Indiana Lost or Stolen Weapons / Liability
- Indiana does not require the reporting of lost or stolen firearms.
- Indiana law provides immunity from civil liability if someone’s gun or ammunition is stolen and used to harm another person.
Child Access Laws
- Indiana does not require firearm owners to lock their weapons or ammunition, and no law mandates a locking device be included with the sale of a firearm.
- A parent or legal guardian can be charged with “dangerous control of a child” only if they knowingly, intentionally, or recklessly allow a child under 18 to possess a firearm while:
- Aware of a substantial risk the child will use it to commit a felony, or
- Failing to prevent the child from using it to commit a felony.
- Indiana law does not hold parents or guardians accountable for failing to secure firearms unless the child uses the weapon to commit a felony.
Preemption of Firearms
- Indiana’s Preemption of Firearms Statute prohibits political subdivisions, such as cities or counties, from enacting ordinances that regulate the ownership, possession, transportation, transfer, or storage of firearms or ammunition.
- This means that cities like Indianapolis cannot pass local firearm regulations to address gun violence.