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Indiana constitutional carry 2022Constitutional carry law among many new laws going into effect today in Indiana - Obtaining an Indiana Handgun Carry Permit
Gun laws are often controversial, and the Indiana gun permit law is no different. The Indiana constitutional carry law has stirred up the common debate surrounding gun ownership and who should be allowed to carry a handgun without a license. Regardless of the ongoing debate, the Indiana General Assembly has spoken, and it is important for gun owners and users to understand the change to laws surrounding gun rights.
When it comes to understanding the new law, the gun laws of other states, and the right to own guns, having an experienced Indiana gun attorney can help you. An experienced Indiana gun attorney from Keffer Hirschauer LLP can help you fight for your gun rights and defend your rights under federal and Indiana gun laws.
Buying a gun in Indiana is easy, and now carrying the gun in public will be just as easy. A constitutional carry law, House Bill , essentially removed most of the qualifications previously needed to carry a handgun in public. The Indiana constitutional carry law imposes few requirements for the purchase of a gun in the state. To make such a purchase, the buyer must still be. Contact an Indiana gun attorney if you have any questions regarding who may buy a gun in Indiana.
The laws to buy a gun are relaxed, and now the right to carry is also less burdensome. However, there are limitations on where you can carry the gun. No guns are allowed on:. The law also specifically allows privately owned businesses to prohibit patrons and visitors from carrying a firearm on business property. Cities, counties, and towns can also restrict firearms in any building with a courtroom.
In , Indiana joined other constitutional carry states, but neither the possession of a valid Indiana gun permit nor new Indiana constitutional carry right, when it becomes effective, confers the right to carry in other states. As of July , Indiana does not require a handgun permit, but the state you visit may honor an Indiana handgun permit, so having the license with you may help avoid any trouble or confusion.
In short, while Indiana law changed regarding permitless carry, you need to verify the gun laws in another state if you plan to carry there.
Should you fail to qualify to for the required permit in the state you are visiting, you may face gun-related charges if caught carrying. Minors can possess and shoot firearms in more limited circumstances than adults in Indiana. However, the law also limits possession and use of a firearm by a minor in certain cases. The offense rises to a Level 4 felony if the adult previously violated this law and to a Level 3 felony if the child used the gun to commit murder.
Violation of this section is also a Level 5 felony, which becomes a Level 4 felony if the parent has a similar prior violation. Should an adult be found guilty of the above crimes, their sentence will depend on the severity of the crime. Additionally, a Level 5 felony in Indiana can result in a prison sentence between one and six years, a Level 4 felony carries a penalty of incarceration between two and 12 years, and a Level 3 felony carries a term of three to 16 years.
While the regulations surrounding buying a gun and the Indiana constitutional carry are generally relaxed in Indiana, it is possible to lose your right to own or carry a gun. To restore the right to own, possess, or have a license to carry a gun, you must first identify the reason such is prohibited.
There are three common reasons your gun rights may be impaired. However, five or more years following the conviction, such an individual may petition the court to have their gun rights restored.
The court may hold a hearing to determine whether the individual is still a threat to the victim of abuse. The court also considers the following factors:. An Indiana gun attorney can help you identify the best strategies for the restoration of gun rights after a domestic violence or related conviction. Anyone convicted of a felony is prohibited from owning or possessing a firearm under federal law and Indiana law. To qualify for expungement, it must be five years from the date of a misdemeanor convictions and eight years for felony convictions.
Additionally, the petitioner must not have any other convictions during the waiting period to become eligible for an expungement. An experienced Indiana expungement attorney can identify your eligibility for an expungement, help determine whether you qualify for expungement , and help you navigate the process so that your gun rights can be restored.
Indiana law enforcement officers may seize firearms from individuals deemed dangerous to the public and themselves. The Jake Laird Law or red flag law requires law enforcement to have a warrant in advance of seizing the firearm or to file an affidavit with the court explaining why the individual is dangerous after seizing the firearm.
The court decides whether there is enough evidence that the person is dangerous. After this decision, the dangerous person must wait six months to petition the court to return the seized firearms. Should the court reject the petition, the petitioner must wait another six months to file a subsequent petition. The return of firearms following seizure under the red flag law requires careful planning and preparation and is subject to strict waiting periods.
Whether it is difficulty understanding the Indiana constitutional carry, how to buy a gun, or defending your right to own a gun, having an experienced Indiana gun lawyer can help you through the legal process. At Keffer Hirschauer, LLP, the attorneys have experience navigating all aspects of gun laws and can help guide you through the ever-changing gun right laws.
For a consultation regarding your gun rights, contact Keffer Hirschauer LLP at or send us a message. Indiana Constitutional Carry Changes in May 4, Share on facebook. Share on twitter. Share on linkedin. Indiana Constitutional Carry Changes in Gun laws are often controversial, and the Indiana gun permit law is no different. Obtaining an Indiana Handgun Carry Permit The laws to buy a gun are relaxed, and now the right to carry is also less burdensome. No guns are allowed on: School property School buses Aircrafts Airports Shipping ports The law also specifically allows privately owned businesses to prohibit patrons and visitors from carrying a firearm on business property.
Indiana Constitutional Carry and Carrying in Other States In , Indiana joined other constitutional carry states, but neither the possession of a valid Indiana gun permit nor new Indiana constitutional carry right, when it becomes effective, confers the right to carry in other states. Indiana Constitutional Carry for Adults and Minors Minors can possess and shoot firearms in more limited circumstances than adults in Indiana. The Restoration of Gun Rights in Indiana While the regulations surrounding buying a gun and the Indiana constitutional carry are generally relaxed in Indiana, it is possible to lose your right to own or carry a gun.
The court also considers the following factors: Whether the individual is the subject of a restraining or protective order of any kind Whether the individual has completed relevant treatment or trainings, such as a substance abuse program or a parenting class Whether any other reason exists that should prevent the individual from possessing a firearm, including whether the individual has committed a subsequent offense An Indiana gun attorney can help you identify the best strategies for the restoration of gun rights after a domestic violence or related conviction.
Expungement of a Prior Conviction Anyone convicted of a felony is prohibited from owning or possessing a firearm under federal law and Indiana law. Petitioning the Court for Return of Seized Firearms after a Hearing Indiana law enforcement officers may seize firearms from individuals deemed dangerous to the public and themselves.
Where to Turn for Help Protecting Your Indiana Constitutional Carry Rights Whether it is difficulty understanding the Indiana constitutional carry, how to buy a gun, or defending your right to own a gun, having an experienced Indiana gun lawyer can help you through the legal process. More Topics. Topic Categories. Contact Us Today. Call: Please enable JavaScript in your browser to complete this form. Existing Client? Send Information. Topics In Law Categories.
