Handgun Licensing

Like the sun rising each morning, each legislative session in Indiana brings a plethora of proposed bills to the floor for our legislators to consider.  While the vast majority of bills are not enacted, each year at least a handful impact the criminal justice system.  It is important for both citizens and criminal defense lawyers to stay knowledgeable of changes which may impact them, so this week’s blog from Banks & Brower highlights some of…

On March 21, 2022, Governor Holcomb signed into law House Bill 1296, which allows individuals to carry a handgun in public without a permit in Indiana.  This law will take effect on July 1, 2022.  Prior to this law, individuals in Indiana were prohibited from carrying a handgun on their person or in their vehicle without having a valid handgun license. The amended statute governing the carrying of a firearm in Indiana is found under…

Purchasing and possessing a firearm in Indiana is a legal process that requires one to know the licensure process and the appeals process should one’s permit application be denied. Indiana is a “shall issue” state (Ind. Code 35-47-2-3), which means that the Indiana State Police shall issue a concealed carry permit to one who meets the following criteria: The person has a proper reason for carrying a handgun; See Code 35-47-1-8 and Schubert v. DeBard,…

Charging Parents with a Crime when Kids use their Parents’ Guns Unlawfully Recently, there have been shootings by minors in public areas such as schools. Because one has to be eighteen and have a permit to carry a gun, some of these minors possess firearms from their parents. One of the questions surrounding this issue is what can parents be charged with if their child possesses and uses their firearm to commit a crime, without…

I Was Denied a Concealed Carry, Now What? F.A.Q. Below are the most typical F.A.Q. we get handling hundreds of concealed carry permit denials in Indiana: Do I need an attorney? The answer is technically, no. But, an experienced attorney can help you navigate what can be a tricky legal process. Many times, especially on easier appeals, the attorney can avoid having to attend the hearing altogether. As a firm who has handled tons of…

With all of the mass shootings in and around the world, the news consistently raises the question of whether or not the alleged accomplice should or should not have had access to weapons prior to committing the crime. More often than not, many of the people that commit horrible crimes also have been limited access to weapons through a conviction and/or through a court order somewhere in their past — yet, sometimes that isn’t the…

Expungements and Their Effect on Applying for a Concealed Carry Permit in Indiana In preparation for filing for a concealed carry permit, there are many areas that people need to make sure to button up prior to filing, like converting felonies to misdemeanors, petition for restoration of gun rights when there is a court order precluding it, expungements, gathering certified convictions, etc. This blog is going to focus on one of these areas, and more…

So, you’ve been denied a concealed carry permit and/or you’ve been deprived of the ability to purchase a firearm by the federal government. Inevitably, you are frustrated, which is what lead you to this blog and others we have written, such as our other relevant blogs discussing the appeals process for the state and the appeals process for the federal government. Unfortunately, even when you think you do understand the process (or as much as…