Overview of the Indiana Open Carry Laws

Under the Indiana open carry laws, otherwise known as permitless carry in Indiana, a “proper person” under Indiana Code 35-47-1-7 can legally carry a handgun, shotgun or rifle, concealed or in the open, or have a firearm in their vehicle without a handgun license in Indiana. While this may seem straightforward, many Hoosiers still have questions about open carry in Indiana. This post will address some of the most frequently asked questions on the topic and discuss where you can and cannot carry a firearm in Indiana.  

However, if you have further questions or concerns about Indiana’s gun laws, or need to speak with an Indiana firearm attorney, do not hesitate to contact Keffer Hirschauer LLP at 317-648-9560 or complete our online contact form to schedule a free, confidential consultation. 

Who is a Proper Person in Indiana?

In Indiana, the term “proper person” is a legal designation used to identify individuals eligible to apply for and possess a firearm license. The criteria for being considered a “proper person” are outlined in Indiana Code 35-47-1-7  to ensure that firearms are only handled by responsible and law-abiding citizens.  

Criteria for Being a “Proper Person” in Indiana 

1. No Recent Convictions for Resisting Law Enforcement: Individuals must not have a conviction for resisting law enforcement within the five years preceding their application for a firearm license. 
2. No Serious Criminal Convictions: Applicants must not have a conviction for any crime that could result in a sentence of more than one year. 
3. No Domestic Violence Convictions: Individuals must not have a conviction for a crime of domestic violence in Indiana, unless a court has restored their right to possess a firearm under Indiana Code 35-47-4-7. 
4. No Court Orders Prohibiting Handgun Possession: Applicants must not be subject to any court order that prohibits them from possessing a handgun. 
5. Not Considered an Alcohol Abuser: Under Indiana Code 35-47-1-2 an alcohol abuser is any person who has had two or more alcohol related offenses, any one of which resulted in conviction by a court or treatment in an alcohol abuse facility within three years prior to the date of the application. 
6. Not Considered a Drug Abuser: Under Indiana Code 35-47-1-4, a drug abuser is an individual who has had two or more controlled substance violations, any one of which resulted in conviction by a court or treatment in a drug abuse facility within five years prior to the date of application. 
7. No Propensity for Violent or Unstable Conduct: There should be no documented evidence suggesting that the individual has a tendency toward violent or emotionally unstable behavior. 
8. Honest Application: Applicants must not make any false statements of material fact on their firearm license application. 
9. Safe Handling of Firearms: Individuals must not have a conviction for any crime that indicates an inability to safely handle a handgun. 
10. Compliance with Firearm Laws: Applicants must not have a conviction for violating any provisions of the firearm laws within five years of their application. 
11. Youthful Offender Restrictions: Individuals who have been adjudicated as delinquent for acts that would be felonies if committed by adults, and who are under 23 years of age, are not eligible. 
12. Mental Health Considerations: Applicants must not have been involuntarily committed to a mental institution, except for temporary commitments for observation or evaluation. They must not have been subject to a 90-day or regular commitment under Indiana Code 12-26-6 or Indiana Code 12-26-7. 
13. Mental Competency: Individuals must not have been found by a court to be mentally incompetent, including verdicts of not guilty by reason of insanity, guilty but mentally ill, or incompetent to stand trial. 
14. Not Designated as Dangerous: Applicants must not be currently designated as dangerous by a court following a hearing under Indiana Code 35-47-14-6. 

Where Can You Open Carry a Firearm in Indiana?

Indiana’s open carry laws are designed to respect the rights of firearm owners while ensuring public safety. Understanding where you can legally open carry a firearm is essential for all gun owners in the state. Here’s a detailed guide based on the Indiana Attorney General’s “Gun Owners’ Bill of Rights.” 

Permitted Locations  

• Public Places: Open carry is generally permitted in most public places, provided the individual has the appropriate handgun license. 
• Private Property: Property owners have the right to allow or prohibit open carry on their premises. It is important to respect posted signs and owner requests regarding firearms. 
• Businesses: Businesses may allow open carry, but some may choose to restrict it. Always check for any posted restrictions or inquire with the business owner or manager. 
• State and National Forests: Since the passing of constitutional carry in Indiana, individuals may possess a handgun in a state park. They may also possess a firearm in a state park if lawful hunting activities are allowed there and they meet all legal requirements to hunt in that location. However, Hoosiers should be wary of property owned by the Army Corps of Engineers within a state park because you may not possess a firearm on that property. 

Where are you NOT allowed to Open Carry a Firearm in Indiana?

There are a variety of places where you are not allowed to carry a firearm in Indiana. This includes schools and school property; the Indiana Government Center; airports; casinos; the State Fair Grounds (unless the gun is for sale or trade at a fairgrounds event); and penal institutions. In fact, it may even be illegal to carry or possess a firearm in some of these locations.  

Possession of Firearms on School Property

Under Indiana Code 35-47-9-2, a person may be charged with possession of a firearm on school property in Indiana when they knowingly or intentionally possess a firearm in or on school property or on a school bus. This is a level 6 felony, and is punishable by 6 months to 2.5 years in jail and fines of up to $10,000.  

In addition, a person who is permitted to legally possess a firearm and who knowingly, intentionally, or recklessly leaves the firearm in plain view in a motor vehicle that is parked in a school parking lot commits a Class A misdemeanor. 

It’s important to understand that, under Indiana Code 35-47-9-1, certain persons are exempt from the law on possession of firearms on school property in Indiana. This includes federal, state, and/or local law enforcement officers; school resource officers; and individuals authorized to carry firearms on school property by the school board or the body that administers a charter school.  

In addition, this law does not pertain to individuals who may legally possess a firearm and possess the firearm in a motor vehicle. However, this does not extend to most high school students or former students (if they are no longer enrolled in the school due to disciplinary action within the past 24 months). It also doesn’t pertain to individuals who may legally possess a firearm and possess it on school property in connection with/while attending a worship service or religious ceremony conducted on school property.  

Possession of a Firearms in Airports

Under Indiana Code 35-47-6-1.3, it is illegal to carry firearms in airports. This law clearly states that “a who knowingly or intentionally enters an area of an airport to which access is controlled by the inspection of persons and property while the person possesses a firearm; explosive; or any other deadly weapon; or has access to property that contains a firearm; explosive; or any other deadly weapon; commits a Class A misdemeanor. 

Can Private Events and Business Restrict Firearms in Indiana?

Yes, in general, a private business or event can restrict Hoosiers from carrying a firearm on their property. However, it is not technically against the law to ignore a “no firearms” sign. That said, a person may commit criminal trespass for entering a business after you have been denied entry or have been asked to leave. At its lowest level, criminal trespass in Indiana, as defined by Indiana Code 35-43-2-2,  is a Class A Misdemeanor, punishable by 0-365 days in prison and a fine of up to $5,000.  

Further Questions on the Open Carry Laws in Indiana?

Knowing where you can legally open carry in Indiana helps ensure you are compliant with state laws and respectful of private property and business rules. Therefore, it’s vital to stay informed about specific restrictions and updates to state regulations.  

If you have any further questions or concerns about Indiana open carry laws, handgun license appeals, or need assistance restoring gun rights in Indiana, do not hesitate to contact the Indianapolis attorneys at Keffer Hirschauer LLP. Our firm has extensive experience with the state’s gun laws and stand ready to protect your second amendment rights in Indiana.   

To speak with an attorney today call 317-648-9560 or complete our online contact form to schedule a free, confidential consultation.