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The limits of permitless carry

On Behalf of | Feb 7, 2023 | Gun Crimes

Since July of last year, Indiana has allowed permitless carry. This means you can carry a handgun in Indiana without a permit from the state, a process that used to involve submitting to a background check and fingerprinting.

Limits apply

Individuals not permitted by Indiana statute to carry a firearm still cannot do so. They include:

  • Felons
  • A person indicted for a felony
  • Fugitives
  • A person convicted of criminal stalking or domestic violence crimes
  • A person restrained by an Order of Protection
  • A person who has been adjudicated to be dangerous or mentally defective
  • A person dishonorably discharged from the military or the National Guard
  • A person who has renounced U.S. citizenship
  • A person under 18 years of age
  • Some noncitizens

Challenging the limits

In January 2022, a Lake County sheriff was indicted on a felony charge of resisting law enforcement and the misdemeanor of reckless driving. Per Indiana law, this sheriff may not carry a firearm because he is under indictment for a felony.

The sheriff has pleaded not guilty, and is suing to be allowed to carry a firearm. The sheriff asserts he is innocent until proven guilty, and the statute as it is written infringes on his right to bear arms. The case will be heard in May.

If you have concerns about whether any restrictions to carry apply to you, it’s helpful to consult with counsel experienced in this area of the law. Permitless carry is not a free-for-all. Some restrictions do apply. It’s important to be aware of your rights and their limits.