Indiana Gun Control Laws for Use, Possession, and Carrying

Indiana has moderate gun laws that allow many freedoms to buy, possess, use, and carry firearms.  No licenses or permits are required to buy or possess firearms. However, a license is required to carry a handgun. Also, a background check will be made when purchasing a firearm.

Indiana’s constitution guarantees some gun rights in Article I, Section 32:  “The people shall have a right to bear arms, for the defense of themselves and the State.” As in all states, these rights are limited by age, residency status, type of weapon, and type of use.

Indiana Requirements for Purchase and Possession of Firearms

Indiana Purchasing Gun Laws

You don’t need a permit or license to purchase a gun in Indiana, but you must be a resident of Indiana, complete a federal form (Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473), and submit to a background check. The background check is by the National Instant Criminal Background Check System (NCIS), which is part of the FBI. 

You won’t qualify to purchase a gun if you:

• have been convicted of a crime that is punishable by more than one year of prison (these crimes are usually felonies)
• have been convicted of a misdemeanor punishable by more than two years of prison
• are a fugitive from justice—for example, the subject of an active felony or misdemeanor warrant.
• have been convicted for the use or possession of a controlled substance within the last year
• have multiple arrests for use or possession of a controlled substance within the last five years, if the most recent arrest occurred within the past year
• have failed a drug test within the last year
• have been determined by a court to have a mental disability, have been committed to a mental institution, have plead guilty by reason of insanity, or have been incompetent to stand trial
• are illegally in the united states
• have received a dishonorable discharge from the U.S. Armed Forces
• renounced your citizenship to the United States
• are subject to a restraining order issued to protect your spouse, partner, or child from your violent behavior
• have been convicted of domestic violence

If you are denied the purchase based on your NCIS background check, you may appeal the decision and get a copy of your record. For more information about the NCIS background check, appeal, and how to get a copy of the records the FBI has on you, go to the NICS website at http://www.fbi.gov/about-us/cjis/nics/general-information/fact-sheet.

Handguns – License Required

You may not carry a handgun in Indiana unless you have a state-issued license. You can apply for a handgun license through your city’s police department, or if you live in an unincorporated area, you can apply through the sheriff’s office.  You will need to complete the application, give your fingerprints, and pay a fee. If the agency finds that you have a good reason to carry a handgun, are of good character, are permitted to carry a handgun under federal law (see rules above), and qualify for the permit, then the police or sheriff must issue you a permit. 

To qualify for the permit, you must: 

• be at least 18 years old (or at least 23, if as a child you committed a crime that would have been a felony had you been an adult)
• never have been convicted of a felony
• not have a suspended license to carry a handgun, and
• not have been arrested for a felony committed with a deadly weapon or involving the use of violence if a court found probable cause that you committed the offense, unless the charges have been dropped. 

Your application will be granted or denied within 60 days. If granted, you be issued either a 4-year license or a lifetime license, depending on why you need the handgun. If you are granted a license, you must carry it with you whenever you carry your handgun.  If you change your name or address, you must notify the agency that gave you the license within 60 days. 

Crimes and Penalties

Indiana law makes it fairly easy for law-abiding citizens to own and carry firearms. However, it also imposes significant penalties for those who try to get around the law.  Here are some examples: 

• Making a false state to purchase a firearm.  If you give false information when completing Form 4473 to purchase a weapon, it is a class D felony, punishable by six months to three years in prison and up to a $10,000 fine. 
• Selling a handgun to an unqualified person. Selling a handgun to someone who doesn’t qualify for one (a minor, a felon, or a non-resident) is a class A misdemeanor, punishable by up to one year in prison and up to a $5,000 fine. 
• Purchasing a handgun to provide to an unqualified person. Buying a handgun with the intention of selling or giving to someone who wouldn’t qualify (a minor, a felon, a non-resident) is a Class D felony, punishable by six months to three years in prison and up to a $10,000 fine. If the violation involves more than one handgun, it is a class C felony, punishable by two to eight years in prison and a fine up to $10,000. 

To learn more about Indiana’s gun laws, read the Indiana Code Article 47. 

If you face gun charges in Indiana or anywhere else, seek the advice of an attorney.