Is My Indiana Concealed Carry Permit Status Public Information?
Many Indiana residents like you value your Second Amendment rights. As a gun owner or gun enthusiast in Indiana, you may want to carry a concealed handgun so you can protect yourself and your loved ones in the event you are attacked or assaulted. Even though you have a Constitutional right to bear arms, we live at a time in which gun rights and ownership are heated topics. Considering the current social climate related to firearms in Indiana and the United States in general, you may not want other people to know you choose to carry a concealed weapon. If that is the case, perhaps you are wondering, is my Indiana concealed carry permit status public record?
It is important for all Indiana residents, especially handgun owners, to understand Indiana gun laws. And now is a good time to be reading up on Indiana gun ownership laws, because they have changed to give residents more rights. Continue reading for an overview of the Indiana laws on owning, possessing, and carrying a handgun within the borders of our state or simply call Keffer Hirschauer LLP to speak with an Indiana gun rights attorney. You can contact our office at 317-857-0160 or use our online contact form to schedule a free consultation.
Your Indiana Concealed Carry Permit Status Is Not Public Information
Handgun owners and enthusiasts who want to exercise their right to carry a concealed gun can rest assured that their Indiana concealed carry permit status is not public information. In fact, the state of Indiana no longer requires its residents to obtain a concealed carry permit at all. That is right—so long as you are over age 18 and can legally possess a handgun, you can carry it in a concealed way in Indiana without asking anyone’s permission.
This is because, on July 1, 2022, Governor Holcomb repealed the former Indiana law that required residents to obtain a concealed carry permit and submit to a background check to carry a concealed handgun. Indiana is now what is called a constitutional carry state. This means anyone of legal age in the state can carry a concealed handgun—without first obtaining an Indiana concealed carry permit— so long as they are not deemed a prohibited person under Indiana Code § 35-47-2-1.5. If you went through the legal process to obtain a concealed carry permit prior to the legislation being repealed, you no longer need to share your Indiana concealed carry permit status with anyone, and your former permit is not public information.
Who Is a Prohibited Person in Indiana?
Even though Indiana has recently enhanced its residents’ rights to bear arms, it is still possible that through specific circumstances you may lose your gun ownership rights. This is because the state has decided that certain people should not own a handgun because they could be a danger to themselves or others. Indiana law calls people deemed unfit to carry a firearm prohibited persons.
The list of people who are legally classified as prohibited persons is long, complicated, and, in many cases, requires advanced knowledge of both Indiana and federal laws. In general, though, Indiana law prohibits the following people from owning handguns:
- Anyone who has been convicted of a serious state or federal felony
- Anyone who has been convicted of misdemeanor or felony domestic violence
- Anyone who has been dishonorably discharged from the military, including the National Guard
- Anyone younger than the age of 18, unless they are under the direct supervision of an adult who may lawfully carry a handgun
- Anyone with a mental illness who has been committed to a mental institution or meets certain other criteria related to their mental health
- Anyone who is not a US citizen and is in the country illegally
It’s important to understand that a prohibited person who chooses to carry a firearm risk being charged with the unlawful possession of a firearm in Indiana. Under some circumstances, this is considered a felony offense. Therefore, if you have any hesitation regarding your status as a proper or prohibited person in Indiana, it’s best to consult with an attorney who has experience restoring handgun rights in Indiana.
Do I Need to Disclose My Indiana Concealed Carry Permit Status to Buy a Gun?
Since your Indiana concealed carry permit status is no longer relevant now that Indiana is a permitless carry state, you do not need to disclose that you formerly had a concealed carry permit when purchasing a new handgun. Indiana also does not require you to obtain an Indiana handgun permit before buying a new gun.
Even though you no longer need to obtain a concealed carry permit in Indiana, federal law requires you to submit to a background check through the National Instant Criminal Background System (NICS) before you buy a handgun from a licensed dealer. The background check, which is not required for private sales, is administrated through the FBI. It quickly searches to see if you have any criminal convictions that prohibit you from lawfully buying or owning a handgun.
Some potential gun owners are understandably concerned that the private information they share when submitting to a NICS background check may be viewed by others not a party to the transaction. You can rest assured that your personal data is protected. Indiana Code § 35-47-2-3 states that the personal information you disclose during a background check—or even the fact that you submitted to a background check at all—is not public record.
Am I Allowed to Carry a Concealed Handgun Anywhere in Indiana?
Since state law has changed and there is no longer an Indiana concealed carry permit status report, you may be wondering if it is legal to carry your handgun anywhere you want in Indiana. The answer is no. There are still several places where concealed carry in Indiana is prohibited and where carrying a handgun at all is illegal.
For example, federal law prohibits all Americans from carrying a handgun in any federal building, such as the Birch Bayh Federal Building and US Courthouse in Indianapolis. The state of Indiana has also determined it is illegal for Indiana residents to carry a handgun on public or private school property, past a TSA security checkpoint in an airport (although unloaded guns are permitted to be checked at your airline’s ticket counter when you follow FFA regulations), on an airplane, or in riverboat casinos. As a handgun owner who practices concealed carry in Indiana, you should always look for placards or other signage informing you that you are in a handgun-restricted area before you enter any public or private property.
Do I Need to Disclose My Indiana Concealed Carry Permit Status to Law Enforcement?
For their protection and for the safety of the public, law enforcement officers must always consider that anyone they meet while on patrol may have nefarious intentions. For this reason, if you have an interaction with law enforcement while you are carrying a concealed handgun, it is important to remember that they do not know you are a good guy with a gun.
If you get pulled over or otherwise encounter a law enforcement officer while you are carrying a firearm, you need to immediately inform the officers. When you do so, make sure your hands are in clear view of the officers and not in or near your pockets, glove box, purse, bag, or anywhere else where they may think you could be storing a concealed handgun. Do not grab your handgun from your person, bag, glove box, or anywhere else you may have it stored after being pulled over. Instead, calmly tell law enforcement you are legally carrying a handgun, wait for their instructions, and then follow them exactly. This is the best way to ensure your safety.
Is It Possible to Restore Lost Gun Ownership Rights?
The right to own a gun is deeply important to American history and many Indiana families, and it can be hard if you have made a mistake in your past that bars you from carrying a gun now. You may regret that past actions mean now you must miss out on family hunting trips, gun range visits with friends, and of course, the fact that you can no longer legally protect yourself and your loved ones with a handgun.
However, Indiana lawmakers realize that people sometimes make mistakes and learn from them. You have changed, and it is possible that, depending on your circumstances, Indiana will give you a second chance at gun ownership—even if you have a domestic battery conviction.
If you have lost your gun ownership rights, you need to speak with an Indiana gun rights attorney like the ones here at Keffer Hirschauer LLP. Our handgun lawyers are knowledgeable of both federal and Indiana gun ownership laws and will fight to get your gun ownership rights reinstated.
For example, even if you have a domestic battery conviction on your criminal record, you may be able to restore your gun ownership rights if you meet certain conditions:
- You apply to have your gun ownership rights reinstated no sooner than five years after a domestic violence conviction and have completed certain educational requirements (see Indiana Code § 35-47-4-7)
- You are granted an appeal overturning your prior conviction
- You receive a pardon from the President of the United States or the Governor of Indiana
As you can see, there are legal paths to restore lost gun ownership rights, and an Indiana gun rights attorney at Keffer Hirschauer LLP can help.
What Having Gun Ownership Rights Means to You
For many Indiana residents, the right to bear arms is not just fundamental, it is personal. Hunting trips may have been a part of your childhood. You may remember a particular Christmas or milestone birthday in which you were gifted your first handgun or hunting gear. You also may have grown up participating in shooting sports. For you, gun ownership rights are a part of who you are.
This can make losing your gun ownership rights even more painful to you if you have made mistakes in the past. But the past is not always the best indicator of the future. You have changed, and it is time you let the state of Indiana know that, too.
Call Us Today for Help Restoring Your Gun Ownership Rights
While your Indiana concealed carry permit status is no longer important to the state, if you have lost your gun ownership rights, you may feel like you have no options to get them back. But that is not always the case, even if you have been convicted of domestic violence. Our Indiana gun rights attorneys are here to help you fight to reinstate your gun ownership rights. You can contact our office at 317-857-0160 or use our online contact form to schedule a free consultation.
