Carrying a Handgun in Indiana
The laws concerning carrying a handgun without a license in Indiana can be found in Indiana Code 35-47-2. In recent years, these laws have changed as Indiana passed a law to allow “Constitutional Carry.” However, in some cases, a person can still be charged with carrying without a license. If charged with Carrying a Handgun Without License, the offense is typically a Class A Misdemeanor, except in certain circumstances where the charge can be enhanced to a felony.
If a person is required to have a license, there are exceptions to this rule, including carrying a handgun on one’s own property, carrying the handgun for purposes of attending firearms training or a firearms related event, such as a gun show or hunting club, or receiving firearms repair or maintenance. Additionally, a person may carry a handgun without a license in a vehicle that is owned or legally controlled by the person or another’s vehicle, with permission, if the handgun is: (A) unloaded; (B) not readily accessible; and (C) secured in a case. Finally, a person may possess a handgun without a license if the person carries the handgun: (A) at a shooting range (as defined in IC 14-22-31.5-3); (B) while attending a firearms instructional course; or (C) while engaged in a legal hunting activity.
If a person chooses not to obtain a license, there are times when a person can carry a firearm without a license if they are over the age of 18 and otherwise legally allowed to possess a firearm. This is often referred to as “Constitutional Carry”. A person cannot carry a firearm, however, if they are under indictment (charged) with a felony, has been convicted of a felony, has had a firearm permit suspended or revoked, is prohibited by federal law from possessing a firearm, has a conviction for a domestic violence offense, of has certain other prohibitors.
As you can see, there are many exceptions to the rule that a person must have a license to carry a handgun and if you have been charged with this offense, it is important to consult an attorney right away to discuss your possible defenses.
A conviction for Carrying a Handgun Without a License is a Class A misdemeanor. However, the offense is a Level 5 felony: (1) if the offense is committed: (A) on or in school property; (B) within five hundred (500) feet of school property; or (C) on a school bus; or (2) if the person: (A) has a prior conviction…or using a false license to obtain a handgun; or (B) has been convicted of a felony within fifteen (15) years before the date of the offense.
Indianapolis Gun Crimes and Criminal Defense Attorney
If you have been charged with carrying without a license or charged with unlawfully possessing a firearm in Indianapolis or the surrounding counties, including Hamilton, Johnson, Hancock, Shelby, or Hendricks counties, contact Chambers Law Office today! As a former deputy prosecutor, defense attorney Julie Chambers has experience on both sides of the law and will strive to obtain the best possible result for your case. Call 317-450-2971.
