Indiana lawmakers pass bill to eliminate permits to carry handguns for Hoosiers 18 and older

Amid a multistate push from pro-gun groups, Indiana lawmakers approved a bill on Tuesday that would eliminate the license requirement to carry a handgun.

The legislation split Senate Republicans as it moved through the legislative process. It now heads to Gov. Eric Holcomb, a Republican, who finds himself in an interesting situation.

If he vetoes the legislation, he risks being the sole politician to stand of the way of so-called “constitutional carry,” potentially angering the conservative wing of his party. If he signs the bill, he’ll be going against the wishes of the head of the state police, Douglas Carter, who accused lawmakers of pandering to lobbyists and political posturing.

Either outcome could have political ramifications for his future. So far, he hasn’t indicated which way he’ll swing.

Under House Bill 1296, anyone who legally can carry a handgun now could do so without a permit moving forward. That includes Hoosiers 18 years and older. The bill would also elevate the theft of a firearm to a Level 5 felony, meaning someone convicted would be imprisoned between one and six years, and may be fined as much as $10,000.

Already, lawmakers had made the permit free during the 2021 legislative session.

Conservative groups in Indiana have pushed for similar legislation unsuccessfully since at least 2016.

The language was originally in a different bill that was killed in the Indiana Senate earlier in session, after the Senate Judiciary committee voted to gut the bill. Lawmakers, though, had promised to strip language out of an unrelated bill and replace it with so-called “constitutional carry,” but where that language would land was unclear until the final day of session.

It’s not all that uncommon of a procedure, but it made it challenging for concerned Hoosiers to track and push back on the legislation. Before the “strip and insert,” House Bill 1296 was a medical claims bill.

Democrats and even some Senate Republicans criticized the process during a Senate Rules Committee vote earlier Tuesday, typically a procedural step. Critics questioned why lawmakers ignored the work of the Senate Judiciary committee and moved the language between bills multiple times.

“I have serious misgivings about the procedure,” said Sen. Sue Glick, R- LaGrange, voting against passing the bill out of committee.

After her no vote, Bray took Glick out of the room and to his office to explain his point of view on the Senate rules to her. When they returned, she changed her vote, saying lawmakers did follow the rules, even if the procedural process was messy.

Likewise, Sen. Michael Crider, R-Greenfield, said the process has concerned him from the beginning.

“We have to do better in the future with these bills,” Crider said.

So far 21 states have permitless carry, with others moving related bills now.

“Not a single state that has passed it has repealed it,” said Sen. Eric Koch, R-Bedford, when presenting the bill. “What does that tell you?”

While supporters of permitless carry say Hoosiers shouldn’t have to ask permission in order to exercise a constitutional right, opponents worry about the safety implications of ditching a permitting system.

According to an Everytown for Gun Safety report, states with more firearm restrictions see less gun violence. Those rankings take into consideration whether or not a state has a permit requirement, among other gun-related laws.

“It hurts to see us advancing a piece of legislation that supports spreading and allowing more guns to be on our streets when violent crime is going up in our nation,” said Sen. Fady Qaddoura, D-Indianapolis.

There’s also widespread opposition to the bill among law enforcement due to safety reasons, because there would no longer be a database to show officers who is permitted to carry a firearm. Much of the discussion on the floor centered around whether lawmakers were “backing the blue” if they voted for the bill.

“The police officers have our respect, but they should have our protection,” Glick said on the floor, before voting against the bill.

Because of its controversial nature, the bill split the Republican party. The Senate voted 30-20, as Indiana State Police Superintendent Douglas Carter watched on the Senate floor, and the House voted 68-30.

The Ohio General Assembly just passed a similar measure, only their version would only allow those 21 and older to carry a handgun without a permit.