Gun Laws in Indiana
The firearm laws of Indiana are the least restrictive laws however, don’t assume that you can possess, buy, or carry an unlimited number of rifles, handguns, or shotguns. You will find numerous regulations that you must adhere to if you own a gun for avoiding any criminal charges.
Often by transporting a handgun incorrectly or accidentally in your vehicle or carrying your gun without a license onto public property, you may face misdemeanor charges. In few more serious incidents, e.g. having your handgun very close to any school, also you will be convicted.
For orientation purposes in reciprocal carry or interstate transportation, Indiana is bordered on the north by Michigan, on the east by Ohio and on the west by Illinois. The Ohio River physically separates Indiana from the State of Kentucky.
You must seek legal advice immediately in response to any charges of gun possession from any gun charges lawyer. A strong defense lawyer will be provided in Indiana against any weapons and gun charges. If you or any of your friends are charged for any kind of offense related to weapons or firearms then you can get legal help.
Gun laws are often confusing even to any most law-abiding owner or most conscientious user of firearms. One can easily lose track of various regulations and requirements, as that is often shifting due to public conversations regarding gun violence.
When you are ever found to be carrying or possessing a handgun/firearm by violating Indiana laws, you can face serious penalties or possible felony charges in some instances. In case you are sentenced to any kind of offense with your handgun/firearm, the possible consequences that you may face may include:
- Significant fines
- A jail/prison sentence
- Loss of the right to own any firearm or handgun
- There can be a permanent criminal record against you that may affect your future possibilities of employment or ability to renting a place for living
- Denial or loss of your professional license to take work as a doctor, teacher, lawyer, nurse, or any other licensed professional
- You may be denied a green card, an immigration visa, citizenship, and you may be deported to your country in case you are not a citizen of the USA.
Carrying Firearms in Vehicles
Indiana permits anyone who is legally allowed to own a gun to carry a long gun in their vehicle, without a permit. Someone without a permit may only carry a handgun if it is unloaded, not readily accessible, and secured in a case, AND the vehicle is owned, leased, rented, or otherwise legally controlled by the person carrying the handgun.
Carry in Restaurants That Serve Alcohol
Yes. There is no law stating it is illegal. You can carry in a restaurant that serves alcohol. Places like Fridays or Chili’s unless they have a “No Gun Sign,” then You are prohibited from carrying into the establishment. This does not include a bar or the bar area of a restaurant. You can carry your firearm into a restaurant that serves alcohol, but you are prohibited from consuming alcohol while carrying a firearm.
Indiana has both Castle Doctrine and SYG laws. There is no duty to retreat when attacked in any place You have a legal right to be. You may also use reasonable force to arrest or prevent the escape of a person who has just committed a felony. You may use deadly force in defense of yourself or others if You reasonably believe it is necessary to prevent imminent death, SBI, the commission of a forcible felony, or to stop the unlawful & forcible entry into Your dwelling, residence, occupied motor vehicle, or to prevent the hijacking of an airplane while in flight.
In addition, a law passed in 2012 expands the castle doctrine to allow the use of force against public servants (such as LEO) if You reasonably believe it is necessary to:
protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force;
prevent or terminate the public servant’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle; or
prevent or terminate the public servant’s unlawful trespass on or criminal interference with property lawfully in the person’s possession, lawfully in possession of a member of the person’s immediate family, or belonging to a person whose property the person has authority to protect.
This law allows the use of deadly force if necessary to prevent death or SBI if You reasonably believe the public servant is either acting unlawfully or not engaged in executing their official duties.
Open carry is legal in Indiana but You must have a valid permit/license to open carry. Places listed in the “Criminal Provisions” above apply to those who open carry.
In May 2017, the Indiana Supreme Court ruled that detaining an individual based solely upon their possession of a handgun (in order to verify that they are licensed) violates the Fourth Amendment absent any other reasonable articulable suspicion of a crime being committed.
Out of State Firearm Purchases
Indiana residents may purchase long guns from an FFL in any state and take the firearm back to Indiana without having to ship it to an FFL located in Indiana, so long as the state of purchase allows sales to people from out of state. If You buy a handgun from an FFL or any firearm from a private party in another state, that firearm must be shipped to an Indiana FFL for pick up. Indiana allows residents of other states to purchase long guns from an Indiana FFL.
By statute, Indiana will recognize another state’s license to carry:
“Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.”
Indiana’s most current reciprocity information may be referenced online.
Indiana firearm offenses
Most gun-rights lawyers so far have handled many different types of charges related to the firearm that includes:
1. Brandishing a weapon
If you intentionally point your firearm at any other person then it is illegal. However, if you are an officer in the Police or you have a justified reason like self-defense against a criminal or someone attacked you at night by intruding on your home, then this will not apply.
The charge of brandishing a weapon is called a Level-6 felony, which is punishable between 6 to 30 months of incarceration and also fines maximum up to $10,000. In case, your firearm at the time was not loaded then you may face only a Class-A misdemeanor.
2. Obliterating identification marks
Changing, altering, obliterating, and removing the maker’s name, serial number, model, or any other identifying mark present on your handgun and possessing a handgun having such an alteration or carrying any gun, which was scrubbed clean are prohibited.
If you are found knowingly or intentionally doing any of the above then Level-5 felony will be charged against you.
3. Possessing a gun near school grounds
You can always be charged for knowingly/intentionally possessing any firearm in a school, on any school bus, or on school property, with a Class-6 felony unless you are entitled to.
4. Giving false information
While purchasing a gun or applying for your license, always provide complete and exact information to your seller.
If you provide false information on the form to buy or getting the delivery of any firearm or trying to apply for your license for carrying a handgun or submitting any false evidence about your identity, then also you can be booked for a Level-5 felony charge.
5. Possessing any prohibited weapon
As per different Indiana statutes, possessing or owning certain weapons is illegal such as
- Armor-piercing handgun ammunition
- Biological and chemical weapons
- Knives having detachable blades
- Machine guns
- Nuclear weapons.
- Sawed-off shotguns
Your level of charge for carrying a prohibited weapon will be based on your type of weapon. Possessing certain knives unlawfully may also lead to certain misdemeanor charges.
Possessing a loaded or unloaded machine gun, however, will be a Level-5/Level-4 felony. Level-4 felony will be punishment between 2 and 12 years prison and with a fine of $10,000.
6. Carrying/possessing an unlicensed handgun
The law of Indiana permits individuals to carry their handguns either concealed or openly on their person only when they have got a valid license. You may also carry your guns in your vehicles with a proper license. However, not having a license can be criminally charged, except under particular circumstances.
You need not carry your license when:
- You are carrying the gun on any of the private property, which you may own, rent, lease, or control legally
- You carry your gun while being legally present on some other private property who may own, rent, lease, or control legally, and you also have the consent of the property owner, attending any gun show, firearms expo, or gun club, or receiving firearms related services like modification or repair.
- The handgun is present in your vehicle, must not be loaded, secured within a case, and not readily accessible.
- You can carry your gun while present lawfully in the vehicle of someone else when your gun is not readily accessible, not loaded, and secure in your case.
- Also, you may carry your gun at any shooting range, attend any firearms course, or hunting legally.
If all these circumstances are not applicable, then you will surely be convicted with a misdemeanor of Class-A that is punishable by a maximum of 1 year of jail and also a fine of $5,000.
If the offense however was committed after 1st July 2014, and it was committed either on or near any school property or school bus, then the offense will be a Level-5 felony that is punishable by one to six years in jail and also a fine maximum of $10,000.
If you are ever charged for any kind of offense related to a firearm then it is a serious matter and without waiting, you must consult your lawyer.
Juvenile Possession Laws
The state of Indiana has a partial Child Access Preventions law but has full action for the Juvenile Possession Law and the Juvenile Sale or Transfer Law. No permits are necessary to purchase handguns, shotguns, or rifles. Permits are necessary to carry handguns but are not necessary to carry shotguns or rifles. Shotguns, handguns, and rifles do not need registration in Indiana. Owners also do not need to be licensed to have handguns, rifles, or shotguns.
Selling or transferring a handgun to an individual under the age of eighteen is illegal, unless the individual is accompanied by a parent or legal guardian. Those who are under drug influence, who have been convicted of felonies, who are drug abusers, who are mentally handicapped, who abuse alcohol, or who are intoxicated are not legal to purchase firearms.
Handgun sales are regulated and include that of trading, selling, and transferring from on person to another, such as through dealers or retailers. All dealers are required by Indiana law to run NICS background checks for Federal regulation when renting, trading, selling, or transferring a handgun. When a background check surfaces criminal history that is incorrect, the individual has the right to have the information reviewed as to reverse the firearm purchasing denial. Individuals who are subject to background checks include licensed concealed weapons permit holders, law enforcement officers, collectors, importers, dealers, and manufacturers.
Possessing Firearms in Indiana
Juveniles are not allowed under Indiana law to possess a firearm, even when provided by an adult. Exceptions to this law include participation in a firearms safety or hunter safety courses under adult supervision; target practice in an enclosed range under an adult or a qualified instructor; participating in an organized and legal competition with a group; trapping and hunting with a license under the law; traveling to or from a permitted activity with an unloaded firearm; using the firearm under proper supervision on real property; or under the supervision of an adult at the juvenile’s residence. No individual may possess any form of firearm on school property or on a school bus, unless otherwise authorized legally.
Carrying Firearms in Indiana
A licensed permit is required to carry a handgun on the body or in a vehicle. Exceptions to this rule include doing so in an individual’s place of dwelling; at a place of business or on personal property; officers of the law enforcement or on-duty military officers; United States employees who are authorized to carry firearms; and employees of an express company while employed for an authorized business. When a firearm is not in use, it is required that the handgun be unloaded and secured while transferring it from one place to another, such as after purchase, traveling, or upon repair.
Concealed weapons permits must send application to the county sheriff or the chief officer of the law enforcement municipality of current residence or of the company residence. Investigations will thereafter be conducted to qualify the individual for legal possession and include fingerprinting and character verification.