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Who is a prohibited person under Indiana’s new gun laws?

On Behalf of | Oct 12, 2022 | Criminal Defense

In recent years, the laws regulating guns, who can carry them legally and under what circumstances have been under scrutiny in Indiana and across the United States. A prominent issue is whether people have the right to carry a handgun without a permit. Although the law changed in mid-2022, that does not mean everyone can carry a gun without a permit to do so.

Understanding the new handgun laws and who cannot carry without a permit

The right to carry a gun without a permit in Indiana went into effect on July 1, 2022. With it, people do not need a permit if they want to carry a gun, conceal it or transport it. Still, there are limits to the law.

People who have past criminal convictions might not have the right to carry a weapon. This includes those who were convicted of a felony with a punishment of more than one year; had a domestic violence conviction within five years; had a conviction for domestic battery; were convicted for stalking; or were a fugitive from justice. In some instances—such as domestic violence convictions—people can carry if their rights were restored.

No one under 18 can carry without a permit unless they are going to or returning from a competition or a safety course. People who have a protective order for domestic violence against them cannot carry a weapon. If the person has been indicted for a separate felony, they cannot carry a gun. An exception is for those who are accused of financial or business violations.

People under 23 who had a juvenile adjudication cannot carry. Those dishonorably discharged from the military or National Guard fall under these rules. People with a “red flag” cannot carry unless they petition for the gun’s return and it is granted. Those with mental problems can be denied the right to carry. Those who are in the country illegally or renounced their U.S. citizenship are also prevented from carrying a gun.

Gun charges can lead to severe consequences and a solid defense is critical

The law can be confusing, especially with drastic changes taking place seemingly in real time. People who either misinterpreted the permitless carry law or are accused of gun crimes must be sure to weigh their alternatives to craft a defense.

A conviction can cause various problems in a person’s life, including jail, fines and more. If the person was near a school, the consequences will increase in severity. When confronted with an arrest for gun violations, calling experienced professionals who understand all areas of criminal law can forge a strategy and help with trying to fight the charges.