Prior to July 1, 2022, a person was required by law to obtain a permit to carry or possess a handgun in Indiana. However, Public Law 175-2022 removed that requirement and added a new section to the Indiana Code that specified who is prohibited from carrying a firearm in Indiana [Ind. Code § 35-47-2-1.5(b)].
It is important to read the law in its entirety, but examples from the list of people who are prohibited from carrying includes: those convicted of a federal or state offense punishable by more than one year in prison; those convicted of domestic violence, domestic battery, or criminal stalking; anyone restrained by a protection order; anyone dishonorably discharged from military service; fugitives from justice; persons under indictment; anyone under 18; and anyone under 23 with certain juvenile delinquency convictions.
Where’s the data?
Many—but not all—of the disqualifiers that prohibit a person from legally possessing a handgun are found in court records. The three primary software applications where court information regarding a prohibited person can be found are:
- Odyssey, the statewide court case management system
- Protection Order Registry
- National Instant Criminal Background Reporting System
All three systems are managed by the Indiana Supreme Court’s Office of Judicial Administration. The POR and the NICS Reporting System are INcite applications. INcite is the Indiana Court Information Technology Extranet that houses numerous applications used by all three branches of local, state, and federal government.
Odyssey
All cases where an adult is charged with or convicted of a felony are in Odyssey. And with few exceptions, criminal case data was converted to Odyssey from the legacy court systems used by the trial courts prior to Odyssey. Today, Odyssey is used in every trial court with the exception of nine juvenile/probate courts that use QUEST.
Protection Order Registry
The Protection Order Registry houses all orders of protection in civil and criminal cases. A person may or may not be prohibited from possessing a firearm depending on several criteria defined by state and federal law. Each order of protection should be reviewed carefully before a determination regarding the legality of possessing a firearm is made.
National Instant Criminal Background Reporting (NICS) System
The NICS Reporting System sends information regarding mental health determinations in civil and criminal cases, domestic violence determinations, and when a court makes certain findings in ‘red flag’ cases.
Ind. Code § 35-47-2-1.5(b)
Except as provided in subsections (c) and (d), the following persons may not knowingly or intentionally carry a handgun:
(1) A person convicted of a federal or state offense punishable by a term of imprisonment exceeding one (1) year.
(2) A fugitive from justice.
(3) An alien.
(4) A person convicted of:
(A) a crime of domestic violence (IC 35-31.5-2-78);
(B) domestic battery (IC 35-42-2-1.3); or
(C) criminal stalking (IC 35-45-10-5).
(5) A person restrained by an order of protection issued under IC 34-26-5.
(6) A person under indictment.
(7) A person who has been:
(A) adjudicated dangerous under IC 35-47-14-6;
(B) adjudicated a mental defective; or
(C) committed to a mental institution.
(8) A person dishonorably discharged from:
(A) military service; or
(B) the National Guard.
(9) A person who renounces the person’s United States citizenship in the manner described in 8 U.S.C. 1481.
(10) A person who is less than:
(A) eighteen (18) years of age; or
(B) twenty-three (23) years of age and has an adjudication as a delinquent child for an act described by IC 35-47-4-5;
unless authorized under IC 35-47-10.
New INcite Application
During the 2023 legislative session, and with these specific applications in mind, the Indiana General Assembly passed Public Law 23-2023. This law tasked the Office of Judicial Administration to create a new application that searches these three applications in order to assist law enforcement officers in determining whether an individual is legally permitted to carry, conceal, or transport a handgun within the State of Indiana.
Deployed in February 2024, the Limited Weapons Disqualification Data application, developed in INcite, allows a law enforcement officer to perform a single search of Odyssey, the POR, and the NICS Reporting System. Today, over 22,600 law enforcement officers have access to this application using their secure INcite credentials.
It is important to note that all three of these systems contain Indiana court records, but there may be information not included in the systems that otherwise disqualifies a person from carrying or possessing a handgun in Indiana. And there may be other state and federal databases where that information can be accessed.
Steve Luce, Executive Director of the Indiana Sheriffs’ Association, offers this guidance for law enforcement officers: “Officers should remember that this new application in INcite is a great tool at their disposal, but law enforcement agencies should continue to check other sources that may be available to them.”
If an individual has a question about whether they are disqualified, they may still apply for and obtain a permit at no cost. Additional information can be found on the Indiana State Police website: on.in.gov/permitless
Questions?
Contact [email protected].