Permitless Carry in Indiana - HEA 1296-2022

Permitless Carry in Indiana - HEA 1296-2022

The Indiana General Assembly passed House Enrolled Act 1296 this session, which removes the requirement to get a permit to carry a firearm.

Once July 1 comes, any individual wanting to purchase a firearm from a Federal Firearms License (FFL) dealer will still have to undergo a background check in order to complete the purchase, just as they have always done. The FFL dealers will check the FBI's National Instant Background Check System to verify if the individual is flagged or a proper person under federal law to possess a firearm.

With HEA 1296 in place, a person who has successfully purchased a handgun will not need to take any additional steps to get a license before carrying. However, this legislation still allows a private property owner to control who can carry a firearm on their property.

There continue to be some individuals who cannot legally carry a handgun in public, even though there is not a permit requirement. This includes individuals with certain past criminal convictions, for example. Below is the list of individuals who are not permitted to carry a handgun, and if discovered by law enforcement, may face legal charges:

(b) Except as provided in subsections (c) and (d), the following persons may not knowingly or intentionally carry a handgun:

(1) A person convicted of a federal or state offense punishable by a term of imprisonment exceeding one (1) year.

(2) A fugitive from justice.

(3) An alien.

(4) A person convicted of:

(A) a crime of domestic violence (IC 35-31.5-2-78);

(B) domestic battery (IC 35-42-2-1.3); or

(C) criminal stalking (IC 35-45-10-5).

(5) A person restrained by an order of protection issued under IC 34-26-5.

(6) A person under indictment.

(7) A person who has been:

(A) adjudicated dangerous under IC 35-47-14-6;

(B) adjudicated a mental defective; or

(C) committed to a mental institution.

(8) A person dishonorably discharged from:

(A) military service; or

(B) the National Guard.

(9) A person who renounces the person's United States citizenship in the manner described in 8 U.S.C. 1481.

(10) A person who is less than:

(A) eighteen (18) years of age; or

(B) twenty-three (23) years of age and has an adjudication as a delinquent child for an act described by IC 35-47-4-5; unless authorized under IC 35-47-10.

(c) Subsection (b)(4)(A) and (b)(4)(B) does not apply to a person if a court has restored the person's right to possess a firearm under IC 35-47-4-7.

(d) A person who has:

(1) been adjudicated dangerous under IC 35-47-14-6; and

(2) successfully petitioned for the return of a firearm under IC 35-47-14-8 with respect to the adjudication under subdivision (1);

is not prohibited from carrying a handgun under subsection (b) on the basis that the person was adjudicated dangerous under

subdivision (1). However, the person may still be prohibited from carrying a handgun on one (1) or more of the other grounds listed

in subsection (b).

With the passage of this legislation, Indiana joins 23 other states in affirming the right of law abiding citizens, who are otherwise legally able to possess and carry a firearm, to responsibly carry that firearm for self-defense without first having to ask the government for permission.

If you have any questions about this legislation and how to determine if you can carry a firearm after July 1, 2022 without a permit, reach out to your state senator's office. If you do not know who your state senator is or need help finding their contact information, click here.