IN Gun Law FAQ

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Indiana Gun Law FAQ:

We at Indy Gun Safety ARE NOT lawyers. The following link will take you to the Indiana code that references firearms sales, transport and regulation: http://www.in.gov/legislative/ic/code/title35/ar47/

The following FAQ IS NOT legal advice. The information provided here is simply our understanding of the law and how we apply it to our PERSONAL conduct as related to handguns. As a gun owner you must perform due diligence by researching these laws and seeking the advice of an attorney. This discussion applies to INDIANA only!

Q: How do I get my Concealed Carry License in Indiana?
A: Trick question! There is NO SUCH THING in the state of Indiana! Indiana offers a LICENSE TO CARRY a HANDGUN. (LTCH) Nothing in the law mentions concealment. Therefore you may carry open, in plain site, OR concealed. Much of the public and MANY police officers don't know this! So if you 'open carry' you may draw unwanted attention, but it is perfectly legal. Be courteous and professional with anyone (including police) who does not understand the law. Keep your cool and educate when possible. To obtain a license to carry a handgun you must apply to the chief law enforcement officer of your county or city.

Q: Can I transport my handgun locked up in the trunk if it is unloaded?
A: YES! That means you can go to a range or otherwise transport your gun if it is unloaded and in a "secure wrapper" out of reach in an SUV, or in the trunk. In any case keep it unloaded in a locked case and store ammo separate and you should be fine.

Q: I am going on a trip and want to take my handgun, but I am going through places where they are prohibited. Can I take it?
A: Yes. There are federal 'peaceable journey' laws that will allow you to travel with your handgun as long as you don't stop and stay in any of these prohibited places. (I.e. at a friend's house or hotel) Even stopping for a meal is questionable. You could probably get away with a short fuel stop. Do an Internet search for FOPA. (Firearm Owners Protection Act.)

Q: There is a 'no guns' sign at my local grocery store. Can I carry into the store?
A: Yes. Signs in Indiana have no weight of law. But if you are asked to leave, do so immediately as you are now trespassing. Open carry in this case is just asking for trouble.

Q: Can I carry my handgun into a bar or nightclub?
A: Yes. You may even drink at the bar. But why would you? Any action involving your firearm would lead to intense scrutiny of your mindset and sobriety. Public intoxication is a crime.

Q: Is there a legal limit to the amount of alcohol I can have in my system while carrying?
A: No. But public intoxication is a crime. You must also realize that law enforcement officers can file for administrative action against your LTCH even if you have broken no law! All they have to do is assert you are not a "proper person". You will then have to defend your LTCH and actions at a hearing.

Q: Can I be sued in civil court if I use deadly force?
A: Yes! But you're not DEAD! Whether or not they have a case is another matter altogether. BE REASONABLE! Retreat if you can. Only use deadly force to defend against imminent death or great bodily injury. Keep your gun in its holster unless you intend to shoot it once drawn! You cannot use your handgun to gain leverage in an argument, or in an "I'll show you!" manner. If you do, you're going to jail, and maybe prison!

Q: Can I carry while dropping my child off at school? A: Yes, as long as you do not leave the controls of the vehicle. Don't get out of the vehicle! You MAY NOT carry to any other school function or on school property.

Q: Can I carry on a college campus?
A: Yes, but realize that many colleges forbid carry, so you may be asked to leave or even expelled if you are a student.

Q: Can I have a gun in my car at work?
A: Yes, in most cases. Indiana law provides for the storage of a firearm in your car at work. But remember, Indiana is an 'AT WILL' state. Your employer can fire you for ANYTHING. So keep quiet about it and keep the firearm out of sight. Check the Indiana Code for a list of prohibited employer types. (Schools, daycares, shipyards, etc.) Your employer cannot even ASK you if you have a firearm in your car under Indiana law.

Q: Other places you CAN carry: Banks, liquor stores, restaurants, hospitals (except secured areas like the psych ward!) colleges, libraries,

Q: Places you CAN'T carry: Government & Federal buildings, police stations, day cares, k-12 schools, pre-schools, school functions, inside the secured area of an airport, post offices, jails,

Q: Can I defend my property with my handgun?
A: No! You may only use deadly force to protect yourself (or another) if you have a REAL & REASONABLE fear of great bodily harm or death. What is reasonable to you may not be to a jury! You may protect your vehicle only if it is occupied. Cuts and scrapes from a scuffle will not rise to a reasonable fear of death or great bodily injury.

Q: Do I have to retreat in or from my home prior to using deadly force?
A: NO. In Indiana the law assumes that anyone who enters your occupied dwelling against your will or without permission means you harm. You may stand your ground and defend your home. However, the law says the force must be reasonable, but gives no definition. Also, you have the right to defend yourself anywhere you can legally be. (i.e. walking down a public sidewalk) You do not have to retreat if attacked. But escaping should always be on your mind. If you can safely get away and call the police it may be wise to do so. Shooting in defense of one's self is a serious legal matter and has many unseen emotional consequences as well. The key here is: Don't die while over-thinking the law!

Q: During a traffic stop, must I notify the officer that I have my handgun?
A: No. Whatever you do, don't touch it or try to access it unless asked to by the officer. I myself do not notify. It's up to you.

Q: May I take my handgun on a commercial flight?
A: Yes, but only in CHECKED baggage. Check with your airline for instructions. DO NOT TRY TO TAKE A FIREARM OR AMMUNITION THROUGH ANY SECURITY CHECKPOINT OR INTO ANY SECURED AREA OF THE AIRPORT!

Q: Can I carry to the city council meeting?
A: Maybe. Make sure there are no prohibited places where the council meets, like a police department or jail.

Q: Can I carry on a bus or train? Check with the carrier. Many times no. In any case it must be inaccessible to you or others.

Q: Can I carry in a state or park?
A: Yes. Also, Federal law says if it's legal for you to carry in a STATE park in your state, you may also then carry in a NATIONAL park. So in Indiana you can carry in a national park.

Q: Can I carry in a CITY park?
A: As of July 1st, 2011, YES! No city, township or political subdivision may make any law stricter than state law. This eliminates the patchwork of laws state wide so we are all on the same page!

Q: Can I defend somebody else with deadly force?
A: Yes, even if they don't want you to! All the same rules apply. If that person would have had the right to use deadly force, you may do it on their behalf. BUT YOU HAD BETTER BE SURE OF ALL THE CIRCUMSTASNCES OR YOU ARE GOING TO PRISON!

Elements of deadly force defense:

1. Were you at fault? Did you cause the situation? Did you throw the first punch? You cannot start a situation and then use your gun to get out of it! While there is no 'brandishing' law in Indiana, there are the crimes of pointing a firearm and felony intimidation.

2. Did you have a REAL and REASONABLE fear of great bodily harm or death? Remember, your lawyer has to convince a jury seated in a well-lit, comfortable courtroom that your fear was real and reasonable. The prosecution will try to prove your fear was unfounded or that deadly force was not warranted. It all comes down to who is more convincing. If you don't want your fate in the hands of strangers, leave your gun its holster unless you are facing death or TRUE great bodily injury.
3. Were you engaged in legal activity in a place you could legally be? Were you trespassing or committing a crime of any kind? If so, you cannot use deadly force.
According to Ciyou (2007), if after a 'defensive shooting' you find yourself saying "Oh @$%&!" you are probably in serious trouble! Ciyou also states that if the DA proceeds with charges, your claim to self defense is "garbage". (Ciyou, 2007)

This is NOT an exhaustive list. PLEASE consult an attorney with legal questions and study the Indiana Code! Again, the above IS NOT legal advice and we are NOT attorneys! We recommend reading the book The Indiana Firearms Law Reference Manual, by Bryan Lee Ciyou, available online and at most gun shows. Get one here: http://www.indianafirearmslaw.com

References:
Ciyou, B.L. (2007) Indiana handgun law, 2nd ed. Indianapolis, IN. Mentzer Ink.