A recent change to Indiana handgun law has many Hoosiers confused. To clarify, House Bill 1296 was signed into state law by Governor Holcomb on March 21, 2022. This new bill allows Indiana handgun owners to carry their handguns on them in public without a permit.
However, not all Hoosier handgun owners qualify. Continue below to learn what you need to know about the new House Bill 1296 Indiana Handgun Law, and what to do if you are arrested for being in violation of this law.
The New Indiana Handgun Law
Until last month, all Hoosiers were required by law to have and carry a valid handgun license on them if they brought their handgun with them in public. But with House Bill 1296, which takes affect July 1st, 2022, Hoosiers who own handguns are now legally allowed to carry their handguns with them, on their person or in their vehicles, and without a permit.
The law specifically states, “A person who is at least 18 years of age and is not otherwise prohibited from carrying or possessing a handgun under state or federal law is not required to obtain or possess a license or permit from the state to carry a handgun in Indiana (…).”
But like most things in life, and especially in law, there are limitations and exceptions to the regulation. Not every who has a handgun is protected under this law. There are circumstances that can revoke this legal right, leaving some prohibited from carrying a handgun in public without a valid license.
As IC 35-47-2-3 states, you must be at least 18 years old to be protected under this law. Aside from this obvious rule, IC 35-47-2-1.5 Subsection (b) decrees that certain individuals are banned from carrying a handgun in public without a permit, regardless of the law. If these disqualified individuals are caught violating this law, they will be charged with a Class A Misdemeanor, unless they are near a school or school bus, in which case, they would be charged with a Felony.
A Person is Prohibited if They Are or Were:
□ A Fugitive
□ A Felon
□ An Illegal Immigrant
□ Dishonorably Discharged
□ Convicted of a State-Level Offense Punishable By 1 Year in Jail
□ Convicted of Domestic Violence/Battery
□ Convicted of Criminal Stalking
□ Under Indictment
□ Restrained Under an Order of Protection
□ Ruled Dangerous By IC 35-47-14-6
□ Ruled Mentally Defective
□ Committed to a Mental Institution
□ 23 Years Old With a Ruling of a Delinquent Act (as described by IC 35-47-4-5)
□ Person Who Renounced U.S. Citizenship (as described in 8 U.S.C. 1481)
Are you currently facing criminal charges for illegal handgun possession or firing in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for superior and aggressive Indianapolis criminal defense you can count on. We can meet over the phone, via online video conference, or in person at our office.