Q: Why are people in Indiana being cited for not having gun permits despite permitless carry law?
I live in Indiana, where permitless carry was passed into law at least two years ago. Despite this change, individuals are still being cited during traffic stops for not having a gun permit, despite only being stopped for minor infractions such as speeding. Why is this happening?
A: Where are you getting your information on the people being cited; I would be interested to see the cases specifically. My guess, is there person being cited may not be a "proper person".
A:
The permitless carry law in Indiana does allow eligible individuals to carry handguns without a permit, but there are important nuances to understand. While Indiana implemented permitless carry in July 2022, this privilege only applies to people who meet the criteria of a "proper person" under Indiana law. Not everyone qualifies - those with felony convictions, anyone adjudicated as dangerous or mentally defective, or anyone previously committed to a mental institution remains ineligible.
Law enforcement officers have expressed concerns about the challenges this law creates during traffic stops. Without permits, officers must now take additional steps to determine if someone is legally allowed to possess a firearm, which can extend the length of traffic stops and create more complicated interactions. If you're stopped for speeding and have a gun, the officer must verify your eligibility to carry without the clear indicator that a permit previously provided.
You may want to consider still obtaining an Indiana firearms permit even though it's not required. Having a permit can simplify interactions with law enforcement during traffic stops and provides documented proof that you've been vetted as eligible to carry. Additionally, if you plan to travel to other states with your firearm, many states with reciprocity agreements require you to have an actual Indiana permit rather than relying on the permitless carry provision.
Hope this helps explain the situation you're experiencing. When carrying without a permit, being patient during traffic stops while officers verify eligibility may help avoid unnecessary complications.
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