No requirement to have a gun license in Indiana

The days are ticking away until residents of Indiana are no longer obliged to get or possess a gun license or permit. Here's where we stand in the ongoing debate over gun reform.

What law will take effect on July 1st?

The statute requiring persons to obtain a license to carry a weapon in Indiana is repealed by House Bill 1296. This means that those who are not otherwise barred from carrying or owning a handgun are not required to obtain or possess a state-issued license or permit.

Illegally carrying a pistol is also illegal under the law. Depending on the circumstances, this might be a misdemeanor or felony charge. But the law on handgun licensing will end on July 1, 2022. 

Is it illegal to own or carry a firearm in the United States?

While most people can carry a weapon without a license or firearms permit, it is illegal for some people to carry a handgun knowingly or willfully. This includes the following:

Those with a criminal history that were convicted of a federal or state offense punishable by more than one year

except for crimes such as antitrust violations, unfair trade practices, restraints of trade, and other offenses related to the regulation of business practices

fugitives from justice

those not lawfully in the United States

those convicted of crimes of domestic violence, domestic battery or criminal stalking

those restrained by a protection order

those under indictment

those who have been determined by a court to be dangerous to themselves or others

those who have been determined by a court to lack the mental capacity to contract or manage their own affairs

those committed to a mental institution

those dishonorably discharged from military service or the National Guard

those who renounce their United States citizenship

those under 18 years old

those under 23 who have been previously found by the court to be a delinquent child.

What are the consequences of breaking the new law?

People who illegally carry a pistol incur a Class A misdemeanor, according to the law. This is the most serious misdemeanor, with a maximum sentence of one year in prison and a fine of $5,000.

People who break the law could face a level 5 felony in some cases.  A level 5 felony means they could face a sentence of 1-6 years in prison.

If the following conditions are met, the offense will be classified as a felony.

On or near school property, within 500 feet of school property, or on a school bus, the violation is committed.

A prior conviction of unauthorized carrying of a firearm. A prior conviction of carrying a pistol without a license before the statute was abolished,  a prior conviction of a felony within 15 years. If a firearm is stolen, the crime of theft is now classified as a level 5 felony.

What are the thoughts of law enforcement officers on the new legislation?

Indianapolis Metropolitan Police Department Assistant Chief Chris Bailey urged the governor to veto it.  In opposing the measure, Bailey joined Indiana State Police Superintendent Doug Carter.

 What are the thoughts of Indianapolis Criminal Defense Attorney Mark Nicholson on the new legislation?

Attorney Nicholson said he believes this is a good thing and may reduce some of the illegal search and seizures that officers sometimes engage in. Attorney Nicholson said, "Seeing a person of color with a handgun should not immediately be a cause to stop and search them."

There is no indication that cops incur any more danger in the 24 states that have already passed permitless carry laws. Furthermore, attorney Nicholson said, "Our criminal justice system, is built on the idea that a person is innocent until proven guilty." 

Indiana Gun Rights Attorney

Attorney Mark Nicholson is a combat veteran and Second Amendment supporter. Contact his office if you believe your rights have been violated or you have been charged with a gun crime.

Call 31-667-0718