After A Year Of Permitless Carry In Indiana, Handgun Licenses And Related Misdemeanors Drop
Indiana’s permitless carry option for most Hoosiers over the age of 18 took effect July 1, 2022. Since then, applications and licenses issued have dropped significantly. Photo by Getty Images.
By Casey Smith
Indiana Capital Chronicle
INDIANA — One year after Indiana removed the permit requirement to legally carry a handgun, applications for firearm licenses have dwindled — and so has the number of misdemeanors filed for unlawful carry.
But as gun crime rates around the state continue to increase, law enforcement officials are hesitant to blame the new constitutional carry law.
So far, in 2023, the Indiana State Police have received 11,143 applications and issued 10,587 handgun licenses. In 2022 — the year the new law took effect — 47,254 licenses were issued.
That’s a significant drop compared to the year prior, when state police approved nearly 136,000 firearms licenses.
Indiana retained its licensing law to allow people who wish to carry in other states — that still require licenses — to obtain one. But no one is required to have a license in the state.
Despite pushback from dozens of Hoosier law enforcement officers and police chiefs — along with stern criticism from the state police superintendent — Republican Gov. Eric Holcomb signed the constitutional carry bill into law, which took effect July 1 of last year.
Every state allows people to carry concealed weapons in public, but half of them still require a permit.
That was the case in Indiana until 2022, when state lawmakers passed HEA 1296, removing the requirement to have a permit to carry a handgun in Indiana.
Under the law, those eligible to purchase a gun no longer need to apply for a license to carry a handgun in Indiana, and current handgun owners with an Indiana license to carry no longer have to take their license with them when carrying the weapon.
Even so, it remains illegal for some individuals to legally carry — including those who have been convicted of certain violent crimes, and those who do not meet certain age and psychological requirements.
There are still requirements gun owners must follow, too. For example, firearms are not allowed to be carried on school property, school buses, federal buildings, aircrafts or airports.
Additionally, anyone in Indiana buying a handgun from a Federal Firearms License dealer must still undergo a background check. However, if buying a gun through a private sale, there is no background check required.
The permitless carry statute additionally addresses minors and allows them to possess and shoot guns when supervised at a property owned by their parent or guardian. Any parent who violates this law can be charged with a crime, however.
Anyone who remains ineligible to carry a firearm — including felons and those under the age of 18 — and is found in possession of a handgun faces a minimum charge of unlawful carrying of a handgun — a misdemeanor that carries a maximum penalty of 365 days in prison.
The crime is elevated to a felony if a person has past felony or domestic violence convictions, or carries the handgun on or near school property. That crime can be punished by up to six years imprisonment.
Data from 91 counties obtained by the Indiana Capital Chronicle shows that from July 1, 2021 to June 30, 2022, local prosecutors filed 3,940 Class A misdemeanors for carrying a handgun without a license. Another 2,064 Level 5 felonies were filed under the same statute.
After the permitless carry law took effect — making it no longer illegal to carry a handgun without a license — the related criminal citation changed to “unlawful carrying of a handgun.” Since July 1 of last year, only 939 Class A misdemeanors have been filed for that charge. But 2,040 felony charges were filed — nearly as many as before.
The Indiana Supreme Court previously ruled that police cannot ask whether someone is legally carrying a weapon, or take the weapon, unless there is “adequate” suspicion that the person is involved in a crime. The permitless carry law did not change that ruling, making it easier for certain Hoosiers who are not prohibited to carry a gun to do so.
Even under the permitless carry law, those younger than 18 aren’t authorized to carry those weapons.
Since July 2022, the Indianapolis Metropolitan Police Department has been tracking accidental shootings, specifically. IMPD found non-fatal, accidental shootings more than doubled in February 2023 compared to February averages in the last 5 years. There were as many as 75 such incidents for the last half of 2022, and more than 75% of those were self-inflicted.
Although some cities across Indiana have not reported significant increases in average shooting totals since permitless carry went into effect, experts say they are expecting to see more violence.