Indiana changed its handgun laws in 2022, making it legal for many people to carry a handgun without a license. That change can create confusion, especially if you hear that carrying a handgun without a permit is still a crime.
In most cases, not having a license alone does not make handgun carry illegal in Indiana. However, state law still prohibits certain people from carrying a handgun, and violating those rules can lead to criminal charges.
When can carrying a handgun become a crime?
Indiana Code § 35-47-2-1.5 prohibits certain people from knowingly or intentionally carrying a handgun. The law applies to specific situations rather than simply focusing on whether someone has a carry license.
For example, Indiana law generally prohibits handgun carry by people who fall into categories such as:
- People convicted of certain felonies
- People under indictment for a qualifying offense
- People subject to certain protective orders
- People convicted of qualifying domestic violence offenses
- People who are fugitives from justice
- Certain people who have been adjudicated dangerous or committed to a mental institution
The law also includes age-based restrictions and other categories of prohibited individuals. Some exceptions may apply, such as when a person’s firearm rights have been restored.
What penalties can apply in Indiana?
Carrying a handgun illegally can lead to a Class A misdemeanor in Indiana. However, some cases can lead to a Level 5 felony. This may happen when the person carries a handgun on school property or has certain past convictions.
Where and how you carry the handgun can also affect the charges. For example, private property owners can ban guns on their property. Indiana law also has rules about carrying a handgun in a vehicle.
Talking with a criminal defense lawyer can help you learn whether the facts of your case support the charge and whether an exception under Indiana law may apply.
Knowing where the law stands
Indiana’s permitless carry law does not mean every person can legally carry a handgun. The key issue may be whether the person carrying the firearm falls within a prohibited category under state or federal law.
If you face a handgun charge in Indianapolis, examining the reason for the stop, the circumstances surrounding the firearm and your legal status may help clarify what charges you could face.