Indiana Constitutional Carry Laws

5 min readJun 20, 2024

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Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Overview of Indiana Gun Control Laws

Gun control laws in the United States are governed by both federal and state regulations, aimed at balancing individual rights with public safety concerns.

Federal Regulations

Federal law, administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), regulates firearms through licensing requirements for dealers, restrictions on dangerous firearms, and background checks via the National Instant Criminal Background Check System (NICS).

Indiana Gun Laws

Indiana’s state gun laws are generally less restrictive compared to other states, with specific regulations governing the purchase, possession, and use of firearms.

Prohibited Firearms and Ammunition

Indiana prohibits certain weapons and ammunition types, including machine guns and armor-piercing bullets, with exceptions for military and law enforcement use. Notably, Indiana does not enforce bans on assault weapons or high-capacity magazines, nor does it restrict ghost guns assembled from kits or 3D-printed.

Background Checks

Gun purchases through federally licensed dealers in Indiana require a criminal background check before transfer. Private sales, however, do not mandate such checks.

Permitless Carry Law

As of July 1, 2022, Indiana adopted a permitless carry law, allowing individuals aged 18 and older who are legally eligible to possess firearms to carry them openly or concealed without a permit.

Handgun Licenses

Residents and eligible non-residents may apply for a handgun license in Indiana through local law enforcement agencies. The state does not charge a fee for these licenses, although applicants must undergo a background check and provide fingerprints.

Restrictions on Carry

Despite its permissive carry laws, Indiana restricts firearms in specific locations, including schools, airports, state fairgrounds, casinos, jails, and certain government buildings. Private businesses and employers can also prohibit firearms on their premises.

Red Flag Law

Enacted in 2020, Indiana’s red flag law permits law enforcement to seize firearms from individuals deemed a risk to themselves or others. The process involves court review and may result in temporary firearm confiscation pending a final hearing.

Indiana’s approach to gun control aims to balance individual rights with public safety, reflecting a blend of permissive carry laws with measures to restrict firearms in sensitive locations and mitigate risks posed by dangerous individuals.

Overview of Indiana Gun Control Laws

Indiana’s gun control laws are detailed in state statutes designed to balance public safety with individual rights.

Relevant Indiana Gun Control Statutes (Laws)

Key statutes include:

Indiana Code, Title 35, Article 47: Weapons and Instruments of Violence
Section 35–47–1–7: Meaning of a “proper person”
Section 35–47–2–1: Carrying a handgun without a license
Section 35–47–2–1.5: Person who may not carry a handgun
Section 35–47–2–3: Application for license to carry handgun; procedure
Section 35–47–2–7: Prohibited sales or transfers of ownership
Section 35–47–2–18: Obliterating identification marks on handgun or possession
Section 35–47–2.5–16: Criminal transfer of a firearm
Section 35–47–4–5: Unlawful possession of firearm by serious violent felon
Section 35–47–4–6: Unlawful possession of firearm by domestic batterer
Section 35–47–4–6.5: Unlawful possession of firearm by dangerous person
Section 35–47–4–8: Unlawful possession of firearm by alien
Section 35–47–4–9: Unlawful possession of firearm by dangerous person (former juvenile offender)
Section 35–47–5–8: Machine guns
Section 35–47–5–11.5: Possession of armor-piercing ammunition
Section 35–47–6–1: Possessing a firearm in commercial or chartered aircraft

Illegal Arms

Indiana prohibits ownership of:

Machine guns
Armor-piercing handgun ammunition

Waiting Period

No waiting period is required to own a firearm in Indiana.

Who May Not Own

Indiana prohibits firearm possession by individuals prohibited under state or federal law, including those convicted of serious violent felonies, domestic battery, or deemed dangerous by a court under the red flag law. Other prohibitions include fugitives from justice, illegal noncitizens, and those adjudicated as mentally incompetent.

License Required?

No license is required to purchase or own firearms in Indiana.

Concealed Carry License Required?

No, Indiana allows permitless carry for individuals not otherwise prohibited by law. Location restrictions may apply.

Open Carried Allowed?

Yes, open carry is permitted in Indiana for eligible individuals, with potential location restrictions.

Eligibility for a Concealed Carry License

To obtain a concealed carry license, applicants must meet specific criteria including age requirements, good character, and background checks ensuring they are not prohibited from possessing firearms.

Machine Gun Laws

Possession of machine guns is generally prohibited in Indiana.

Penalties for Illegal Firearm Possession

Penalties vary depending on the offense and may include fines and imprisonment. Offenses include unlawful possession, transfer, or operation of firearms under illegal circumstances.

Penalties for Illegal Possession on or Near School Grounds

Possessing a firearm on or near school grounds is a felony punishable by imprisonment and fines.

Red Flag Law?

Yes, Indiana’s red flag law allows law enforcement to seize firearms from individuals deemed dangerous pending a court hearing.

Universal Background Checks?

No, Indiana does not require background checks for private firearms transactions.

Stand Your Ground Law?

Yes, Indiana permits the use of deadly force in self-defense without a duty to retreat if reasonably necessary to prevent serious bodily injury to oneself or others.

Indiana Constitutional Carry Laws

Overview of Indiana Gun Control Laws

Federal Regulations

Indiana Gun Laws

Prohibited Firearms and Ammunition

Background Checks

Permitless Carry Law

Handgun Licenses

Restrictions on Carry

Red Flag Law

Overview of Indiana Gun Control Laws

Relevant Indiana Gun Control Statutes (Laws)

Illegal Arms

Waiting Period

Who May Not Own

License Required?

Concealed Carry License Required?

Open Carried Allowed?

Eligibility for a Concealed Carry License

Machine Gun Laws

Penalties for Illegal Firearm Possession

Penalties for Illegal Possession on or Near School Grounds

Red Flag Law?

Universal Background Checks?

Stand Your Ground Law?

Gun Permit Laws by State

Written by Ron Wilmington