Indiana

Get the latest information on Indiana firearm law

Quick Reference

Magazine Capacity Restrictions

Constitutional (Permitless) Carry Allowed

Red Flag Laws

Carry in Alcohol Establishments Allowed

Open Carry Allowed

No Weapons Signs Enforced by Law

NFA Weapons Allowed

yes

Duty to Retreat

Duty to Inform Law Enforcement

"Universal" Background Checks Required

State Law Summary

Constitution of the State of Indiana - Ind. Const. Art. I, § 32
" The people shall have a right to bear arms, for the defense of themselves and the State."

Indiana's firearm law history has evolved through significant legislative changes and notable legal developments that reflect the state's commitment to gun rights. In 1994, Indiana enacted its first concealed carry law, allowing individuals to obtain permits to carry firearms after meeting specific requirements, including background checks and safety training. A pivotal moment came in 2011 with the passage of legislation that enhanced the rights of gun owners, including provisions for carrying firearms in more public spaces. The landmark case Ind. State Police v. Robinson (2015) affirmed the rights of individuals to carry firearms in public without facing undue restrictions. In 2021, Indiana further expanded gun rights with the introduction of "Permitless Carry," allowing law-abiding citizens aged 18 and older to carry firearms without a permit, while still maintaining the option for those who seek a permit for reciprocity with other states. Overall, Indiana's firearm laws illustrate a strong support for personal freedoms and responsible gun ownership, reflecting the values of its residents.

 

Permit Eligibility, Training and Application Process

Indiana's history of licenses to carry firearms has undergone significant changes since the state first enacted its concealed carry law in 1994. This initial legislation established a framework requiring individuals to apply for a handgun license, which involved a background check and completion of a training course. In 2011, Indiana made notable amendments that expanded the locations where permit holders could carry firearms, enhancing their rights in public spaces. A significant change occurred in 2021 with the passage of "Constitutional Carry," which allowed law-abiding citizens aged 18 and older to carry handguns without a permit, streamlining the process and emphasizing individual rights. Despite the introduction of Constitutional Carry, the option to obtain a permit remains available for those seeking reciprocity with other states. This evolution reflects Indiana's commitment to balancing personal freedoms with responsible gun ownership.

Permit Eligibility

If it appears to the superintendent that the applicant:

  1. has a proper reason for receiving a license to carry a handgun;
  2. is of good character and reputation;
  3. is a proper person to be licensed; and
  4. is:
    1. a citizen of the United States; or
    2. not a citizen of the United States but is allowed to carry a firearm in the United States under federal law;

the superintendent shall issue to the applicant a license to carry a handgun in Indiana. The original license shall be delivered to the licensee. A copy shall be delivered to the officer to whom the application for license was made. A copy shall be retained by the superintendent for at least five (5) years in the case of a five (5) year license. The superintendent may adopt guidelines to establish a records retention policy for a lifetime license. A five (5) year license shall be valid for a period of five (5) years from the date of issue. A lifetime license is valid for the life of the individual receiving the license. The license of police officers, sheriffs or their deputies, and law enforcement officers of the United States government who have twenty (20) or more years of service shall be valid for the life of these individuals. However, a lifetime license is automatically revoked if the license holder does not remain a proper person.

Ind. Code § 35-47-2-3 (g)

 

Application Process

A person who is at least eighteen (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. A person who wishes to carry a firearm in another state under a reciprocity agreement entered into by this state and another state may obtain a license to carry a handgun in Indiana under this chapter by applying as follows:

  1. If the applicant is a resident of this state:
    1. to the chief of police or corresponding law enforcement officer of the municipality in which the applicant resides; or
    2. if that municipality has no such officer, or if the applicant does not reside in a municipality, to the sheriff of the county in which the applicant resides after the applicant has obtained an application form prescribed by the superintendent.
  2. If the applicant is a resident of another state and has a regular place of business or employment in Indiana, to the sheriff of the county in which the applicant has a regular place of business or employment. The superintendent and local law enforcement agencies shall allow an applicant desiring to obtain or renew a license to carry a handgun to submit an application electronically under this chapter if funds are available to establish and maintain an electronic application system.

Ind. Code § 35-47-2-3 (a)

Permitless Carry Law

The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit. 

Indiana law:

A person who is at least eighteen (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.

Ind. Code § 35-47-2-3

Reciprocity Agreements

Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.

When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!

Recognizes a Indiana Permit or does not require a license
Recognizes Indiana Resident Permit only
Does not recognize a Indiana Permit
Permitless Carry State

State Preemption Laws

State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties. 

Indiana law:

A political subdivision may not regulate:

  1. firearms, ammunition, and firearm accessories;
  2. the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and
  3. commerce in and taxation of firearms, firearm ammunition, and firearm accessories.

Ind. Code § 35-47-11.1-2

 

Preemption Exceptions

  1. A law enforcement agency of a political subdivision from enacting and enforcing regulations pertaining to firearms, ammunition, or firearm accessories issued to or used by law enforcement officers in the course of their official duties.
  2. Subject to IC 34-28-7-2, an employer from regulating or prohibiting the employees of the employer from carrying firearms and ammunition in the course of the employee's official duties.
  3. A court or administrative law judge from hearing and resolving any case or controversy or issuing any opinion or order on a matter within the jurisdiction of the court or judge.
  4. The enactment or enforcement of generally applicable zoning or business ordinances that apply to firearms businesses to the same degree as other similar businesses. However, a provision of an ordinance that is designed or enforced to effectively restrict or prohibit the sale, purchase, transfer, manufacture, or display of firearms, ammunition, or firearm accessories that is otherwise lawful under the laws of this state is void. A unit (as defined in IC 36-1-2-23) may not use the unit's planning and zoning powers under IC 36-7-4 to prohibit the sale of firearms within a prescribed distance of any other type of commercial property or of school property or other educational property.
  5. Subject to IC 35-47-16-1, the enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in any building that contains the courtroom of a circuit, superior, city, town, or small claims court. However, if a portion of the building is occupied by a residential tenant or private business, any provision restricting or prohibiting the possession of a firearm does not apply to the portion of the building that is occupied by the residential tenant or private business, or to common areas of the building used by a residential tenant or private business.
  6. The enactment or enforcement of a provision prohibiting or restricting the intentional display of a firearm at a public meeting.
  7. The enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in a public hospital corporation that contains a secure correctional health unit that is staffed by a law enforcement officer twenty-four (24) hours a day.
  8. The imposition of any restriction or condition placed on a person participating in:
    1. a community corrections program (IC 11-12-1);
    2. a forensic diversion program (IC 11-12-3.7); or
    3. a pretrial diversion program (IC 33-39-1).
  9. The enforcement or prosecution of the offense of criminal recklessness (IC 35-42-2-2) involving the use of a firearm.
  10. For an event occurring on property leased from a political subdivision or municipal corporation by the promoter or organizer of the event:
    1. the establishment, by the promoter or organizer, at the promoter's or organizer's own discretion, of rules of conduct or admission upon which attendance at or participation in the event is conditioned; or
    2. the implementation or enforcement of the rules of conduct or admission described in clause (A) by a political subdivision or municipal corporation in connection with the event.
  11. The enactment or enforcement of a provision prohibiting or restricting the possession of a firearm in a hospital established and operated under IC 16-22-2 or IC 16-23.
  12. A unit from using the unit's planning and zoning powers under IC 36-7-4 to prohibit the sale of firearms within two hundred (200) feet of a school by a person having a business that did not sell firearms within two hundred (200) feet of a school before April 1, 1994.
  13. Subject to IC 35-47-16-1, a unit (as defined in IC 36-1-2-23) from enacting or enforcing a provision prohibiting or restricting the possession of a firearm in a building owned or administered by the unit if:
    1. metal detection devices are located at each public entrance to the building;
    2. each public entrance to the building is staffed by at least one (1) law enforcement officer:
      1. who has been adequately trained to conduct inspections of persons entering the building by use of metal detection devices and proper physical pat down searches; and
      2. when the building is open to the public; and
    3. each:
      1. individual who enters the building through the public entrance when the building is open to the public; and
      2. bag, package, and other container carried by the individual;
        1. is inspected by a law enforcement officer described in clause (B).
        2. However, except as provided in subdivision (5) concerning a building that contains a courtroom, a unit may not prohibit or restrict the possession of a handgun under this subdivision in a building owned or administered by the unit if the person who possesses the handgun is not otherwise prohibited from carrying or possessing a handgun.

Ind. Code § 35-47-11.1-4

Purchase/Transfer Laws

When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g). 

Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.  

In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms. 

Indiana has no law requiring a private party to conduct a background check on the purchaser of a firearm.

However, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon to any person under age 18.

Indiana law:

(a) As used in this section, "machine gun" has the meaning set forth in IC 35-31.5-2-190.
(b) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10 (governing children and firearms) and federal law, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or machine gun to any person under eighteen (18) years of age.
(c) A person who knowingly or intentionally sells, gives, or in any other manner transfers ownership or possession of a machine gun to a person under eighteen (18) years of age commits a Level 5 felony. However, the offense is a Level 4 felony if the person who sells, gives, or transfers ownership of the machine gun has a prior conviction under this section, and a Level 3 felony if a person under eighteen (18) years of age uses the machine gun to commit murder (IC 35-42-1-1).
(d) A person who knowingly or intentionally sells, gives, or in any other manner transfers the ownership or possession of a handgun to another person who the person knows:

  1. is ineligible for any reason other than the person's age to purchase or otherwise receive from a dealer a handgun; or
  2. intends to use the handgun to commit a crime; commits criminal transfer of a handgun, a Level 5 felony. However, the offense is a Level 3 felony if the other person uses the handgun to commit murder (IC 35-42-1-1).
(e) A person who purchases a handgun with the intent to:

  1. resell or otherwise provide the handgun to another person who the person knows is ineligible for any reason to purchase or otherwise receive from a dealer a handgun;
  2. resell or otherwise provide the handgun to another person who the person knows intends to use the handgun to commit a crime; or
  3. transport the handgun outside Indiana to be resold or otherwise provided to another person who the transferor knows:
    1. is ineligible to purchase or otherwise receive a handgun; or
    2. intends to use the handgun to commit a crime; commits the straw purchase of a handgun, a Level 5 felony. However, the offense is a Level 3 felony if the other person uses the handgun to commit murder (IC 35-42-1-1).
(f) As used in this subsection, "NICS" has the meaning set forth in IC 35-47-2.5-2.5. It is a defense to a prosecution under subsection (d)(1) that:

  1. the accused person contacted NICS (or had a dealer contact NICS on the person's behalf) to request a background check on the other person before the accused person sold, gave, or in any other manner transferred the ownership or possession of the handgun to the other person; and
  2. the accused person (or dealer acting on the person's behalf) received authorization from NICS to sell, give, or in any other manner transfer ownership or possession of the handgun to the other person.

Ind. Code § 35-47-2-7

Firearm Classification and Accessory Restrictions

COMING SOON!

Magazine Capacity Restrictions

Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.  

Indiana has no laws restricting the ammunition capacity of magazines.

Prohibited Areas - Where Firearms Are Prohibited Under State law

Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state. 

Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.  

Indiana law:

In addition to the federal prohibited areas, in Indiana, you may NOT carry a handgun in:

  1. In a commercial or charter aircraft (Ind. Code Ann. § 35-47-6-1);
  2. In an area of an airport where access is controlled by the inspection of persons and property (§ 35-47-6-1.3);
  3. In or on school property, except in a motor vehicle. (including private schools and preschools; see Ind. Code Ann. § 35-41-1-24.7
  4. In or on property that is being used by a school for a school function or on a school bus, except in a motor vehicle. (§ 35-47-9-2);
  5. On board a riverboat gambling operation (see 68 Ind. Admin. Code 1-7-1);
  6. On the fairgrounds during the annual state fair (80 Ind. Admin. Code 4-4-4(b); any person properly licensed to carry a firearm must secure the firearm in a locked compartment of his or her vehicle, where it will not be visible, per 80 Ind. Admin. Code 4-4-4(d)); or
  7. In or on port areas or port property (see 130 Ind. Admin. Code 4-1-7 and 4- 1-8(2)).
  8. Licensees also cannot carry in children’s homes and child caring institutions run or overseen by Child Welfare Services. See 465 Ind. Admin. Code 2-9-80(b)(3); 465 Ind. Admin. Code 2-10-79(b)(3); 465 Ind. Admin. Code 2-11-80(b)(3); 465 Ind. Admin. Code 2-12-78(b)(3); 465 Ind. Admin. Code 2-13-77(b)(3). In addition, child care centers must prominently post in places regularly viewed by parents prohibitions against the use or possession of firearms, unless such possession is required as a condition of employment. 470 Ind. Admin Code 3-4.7-19(a)(5)(C).
  9. A reservoir owned by the U.S. Army Corps of Engineers, DNR property or Falls of Ohio State Park, unless unloaded and in a case or locked vehicle… (312 Ind. Admin Code 8-2-3 & 312 Ind. Admin. Code 8-2-3)
  10. On state fair property during the State Fair, unless locked in a vehicle concealed from view. (80 IAC 4-4-4)

 

School Property

(a) A person may not be charged with an offense under this subsection if the person may be charged with an offense described in subsection (c). A person who knowingly or intentionally possesses a firearm:

  1. in or on school property; or
  2. on a school bus; commits a Level 6 felony.
(b) It is a defense to a prosecution under subsection (a) that:

  1. the person is permitted to legally possess the firearm; and
  2. the firearm is:
    1. locked in the trunk of the person's motor vehicle;
    2. kept in the glove compartment of the person's locked motor vehicle; or
    3. stored out of plain sight in the person's locked motor vehicle.
(c) 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.

Ind. Code § 35-47-9-2

 

School Exceptions

(a) This chapter does not apply to the following:

  1. A:
    1. federal;
    2. state; or
    3. local; law enforcement officer.
  2. A:
    1. qualified law enforcement officer (as defined in 18 U.S.C. 926B); or
      (B) qualified retired law enforcement officer (as defined in 18 U.S.C. 926C);

      if the qualified law enforcement officer or qualified retired law enforcement officer, as applicable, carries the photographic identification required by 18 U.S.C. 926B or 18 U.S.C. 926C.

  3. A person who may legally possess a firearm and who has been authorized by:
    1. a school board (as defined by IC 20-26-9-4); or
    2. the body that administers a charter school established under IC 20-24;

      to carry a firearm in or on school property.

  4. Except as provided in subsection (b) or (c), a person who:
    1. may legally possess a firearm; and
    2. possesses the firearm in a motor vehicle.
  5. A person who is a school resource officer, as defined in IC 20-26-18.2-1.
  6. Except as provided in subsection (b) or (c), a person who:
    1. may legally possess a firearm; and
    2. possesses only a firearm that is:
      1. locked in the trunk of the person's motor vehicle;
      2. kept in the glove compartment of the person's locked motor vehicle; or
      3. stored out of plain sight in the person's locked motor vehicle.
  7. A person who:
    1. may legally possess a firearm; and
    2. possesses a firearm on school property in connection with or while:
      1. attending a worship service or religious ceremony conducted at a house of worship located on the school property; or
      2. carrying out the person's official duties at a house of worship located on the school property, if the person is employed by or a volunteer at the house of worship.

        This subdivision does not affect the right of a property owner to prohibit, in whole or in part, the possession of a firearm on a property where a school or house of worship is located.

(b) For purposes of subsection (a)(4) and (a)(6), a person does not include a person who is:

  1. enrolled as a student in any high school except if the person is a high school student and is a member of a shooting sports team and the school's principal has approved the person keeping a firearm concealed in the person's motor vehicle on the days the person is competing or practicing as a member of a shooting sports team; or
  2. a former student of the school if the person is no longer enrolled in the school due to a disciplinary action within the previous twenty-four (24) months.
(c) For purposes of subsection (a)(4) and (a)(6), a motor vehicle does not include a motor vehicle owned, leased, or controlled by a school or school district unless the person who possesses the firearm is authorized by the school or school district to possess a firearm.

Ind. Code § 35-47-9-1

 

Business Owners
A person may not adopt or enforce an ordinance, a resolution, a policy, or a rule that:

  1. prohibits; or
  2. has the effect of prohibiting;

an employee of the person, including a contract employee, from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle.

Ind. Code § 34-28-7-2

Methods of Carry - Open Carry Laws

Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.  

Indiana does not restrict open carry, except in areas where firearms are not allowed, and does not require a license.

No Weapons Signs

No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.  

In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply. 

In Indiana, no-weapons signs do not have the force of law.

Controlled Substance/Alcohol Laws

Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.  

Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”   

27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3) 

Indiana law does not address the issue of carrying a firearm under the influence of alcohol or controlled substances.

Vehicle and Transport Laws

Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.  

Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle.  

Indiana law:

(a) An individual shall not operate a vehicle under any of the following conditions:

(a) (9) While transporting on or in the vehicle a firearm, unless the firearm is:

    1. unloaded; and
    2. securely encased or equipped with and made inoperative by a manufactured keylocked trigger housing mechanism.

(b) Subsection (a)(9) does not apply to a person who is carrying a firearm:

  1. if:
    1. the firearm is a handgun; and
    2. the person is not otherwise prohibited from possessing a firearm under state or federal law; or
  2. if the person carrying the firearm is operating the vehicle on property that the person:
    1. owns;
    2. has a contractual interest in;
    3. otherwise legally possesses; or
    4. has permission from a person described in clauses (A) through (C) to possess a firearm on.

Ind. Code § 14-16-1-23 (a)(9) & (b)

Storage Requirements

Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.  

Indiana does not have any laws specifically related to how firearms must be stored.

Other Weapons Restrictions

COMING SOON!

Police Encounter Laws

Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession. 

In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state. 

The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.   

Indiana is a no-duty-to-inform state.

Red Flag or Emergency Risk Orders

Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions. 

Indiana has what it refers to as the "Jake Laird Law."

Indiana Law:

Warrant to search for firearm in possession of dangerous individual; reporting
(a) A circuit or superior court may issue a warrant to search for and seize a firearm in the possession of an individual who is dangerous if:

  1. a law enforcement officer provides the court a sworn affidavit that:
    1. states why the law enforcement officer believes that the individual is dangerous and in possession of a firearm; and
    2. describes the law enforcement officer's interactions and conversations with:
      1. the individual who is alleged to be dangerous; or
      2. another individual, if the law enforcement officer believes that information obtained from this individual is credible and reliable;

        that have led the law enforcement officer to believe that the individual is dangerous and in possession of a firearm;

  2. the affidavit specifically describes the location of the firearm; and
  3. the circuit or superior court determines that probable cause exists to believe that the individual is:
    1. dangerous; and
    2. in possession of a firearm.
(b) A law enforcement agency responsible for the seizure of the firearm under this section shall file a search warrant return with the court setting forth the:

  1. quantity; and
  2. type;

of each firearm seized from an individual under this section. Beginning July 1, 2021, the court shall provide information described under this subsection to the office of judicial administration in a manner required by the office.

Ind. Code § 35-47-14-2

Warrantless seizure of firearm from individual believed to be dangerous; reporting
(a) If a law enforcement officer seizes a firearm from an individual whom the law enforcement officer believes to be dangerous without obtaining a warrant, the law enforcement officer shall submit to the circuit or superior court having jurisdiction over the individual believed to be dangerous an affidavit describing the basis for the law enforcement officer's belief that the individual is dangerous.
(b) An affidavit described in subsection (a) shall:

  1. set forth the quantity and type of each firearm seized from the individual under this section; and
  2. be submitted to a circuit or superior court having jurisdiction over the individual believed to be dangerous not later than forty-eight (48) hours after the seizure of the firearm.
(c) The court shall review the affidavit described in subsection (a) as soon as possible.
(d) If the court finds that probable cause exists to believe that the individual is dangerous, the court shall order the law enforcement agency having custody of the firearm to retain the firearm. Beginning July 1, 2021, the court shall provide information described under this subsection and subsection (b)(1) to the office of judicial administration in a manner required by the office.
(e) If the court finds that there is no probable cause to believe that the individual is dangerous, the court shall order the law enforcement agency having custody of the firearm to return the firearm to the individual as quickly as practicable, but not later than five (5) days after the date of the order.

Ind. Code § 35-47-14-3

Use of Force in Defense of Person

The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.  

Indiana Law:

A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:

  1. is justified in using deadly force; and
  2. does not have a duty to retreat;

if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person, employer, or estate of a person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

Ind. Code § 35-41-3-2 (c)

 

Forcible Felony Defined
"Forcible felony" means a felony that involves the use or threat of force against a human being, or in which there is imminent danger of bodily injury to a human being.

Ind. Code § 35-31.5-2-138

Use of Force in Defense of Others

Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.  

Indiana does not have a law specific to the defense of others, but does allow for the defense of a third person in its defense-of-person law.

Use of Force in Defense of Habitation

The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.   

Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all. 

Indiana Law:

A person:

  1. is justified in using reasonable force, including deadly force, against any other person; and
  2. does not have a duty to retreat;

if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.

Ind. Code § 35-41-3-2 (d)

Use of Force in Defense of Property

Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted. 

Indiana Law:

With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against any other person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect. However, a person:

  1. is justified in using deadly force; and
  2. does not have a duty to retreat; only if that force is justified under subsection (c).

Ind. Code § 35-41-3-2 (e)

Self-Defense Immunity

To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits. 

Indiana Law:

No person, employer, or estate of a person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

Ind. Code § 35-41-3-2 (c)

Duty to Retreat

A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations. 

Indiana Law:

A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:

  1. is justified in using deadly force; and
  2. does not have a duty to retreat;

if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person, employer, or estate of a person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

Ind. Code § 35-41-3-2 (c)

Self-Defense Limitations

COMING SOON!

Use of Force Considerations

COMING SOON!

Use of Force Against Animals

In Indiana, a person is not guilty of "Torture or mutilation of a vertebrate animal; killing a domestic animal" if the person reasonably believes the conduct was necessary.

Indiana Law:

Torture or mutilation of a vertebrate animal; killing a domestic animal

It is a defense to a prosecution under this section that the accused person:

  1. reasonably believes the conduct was necessary to:
    1. prevent injury to the accused person or another person;
    2. protect the property of the accused person from destruction or substantial damage; or
  2. prevent a seriously injured vertebrate animal from prolonged suffering; or
    engaged in a reasonable and recognized act of training, handling, or disciplining the vertebrate animal.

Ind. Code § 35-46-3-12 (e)

Cases to Watch

COMING SOON!

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