INDIANA GUN LAW: AN OVERVIEW

By: James W. McNew September 2013

Beginning with the Columbine shooting in Colorado in 1999 and most recently the tragedy at Sandy Hook Elementary, the nation has struggled with what has become "The Great Gun Debate". In spite of all the rhetoric on both sides of the issue, there appears to be little appetite to change the status quo. That includes the State of Indiana. Indiana along with the majority of States has few restrictions when it comes to firearms. The most restrictive laws relate to the carrying and use of handguns while there are few regulations when it comes to rifles, shotguns and ammunition. Below is a brief synopsis of what a person either can or cannot do as it relates to gun ownership in Indiana:

a. In Indiana there is no requirement for a permit to purchase nor is there any registration required.

b. In Indiana there is no regulation concerning "assault weapons" or magazine capacity.

c. In Indiana there is no requirement for a license unless an individual wishes to carry a concealed weapon or wishes to openly carry a displayed handgun.

d. In Indiana an individual may not possess any of the following:

1. Machine gun;

2. Sawed off shotgun; or

3. Armor piercing ammunition.

e. In Indiana there are restrictions where an individual may carry a handgun even though they have a license to do so.

f. A person may not sell or give a firearm to any person who has reason to believe that person has been convicted of a felony, is a drug abuser or under the influence of a drug, is an alcohol abuser or in a state of intoxication or is mentally incompetent.

g. A dealer may not sell, rent, trade or transfer a handgun to a person until the dealer has complied with the federally mandated requirement of obtaining a NCIS background check.

h. There is reciprocity with most other states as it relates to those persons having a license to carry a handgun travelling through another state. However, because this reciprocity is not universal, and certain jurisdictions, such as major cities, may have their own restrictions, one should check before travelling with a handgun.

The above is just a brief overview of the gun laws in Indiana and I would advise any reader to contact ALLEN WELLMAN McNEW HARVEY, LLP at (317) 462-3455 if they have any questions or need more information concerning what they can or cannot do as it relates to gun ownership.