Indiana

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)

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

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 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 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;
    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

Indiana law:

(a) As used in this section, "machine gun" has the meaning set forth in IC 35-31.5-2-190.

(b) Except for 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

Indiana has no laws restricting the ammunition capacity of magazines.

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));
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 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.

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.

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

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
   2. qualified retired law enforcement officer (as defined in 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.

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

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

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

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

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)

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

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

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

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

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.

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)

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)

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)

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)

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)