Pictured: Handguns in display case at Highsmith Guns in Greenfield. Governor Eric J. Holcomb signed HB 1296 into law Monday which entrusts Hoosiers who can lawfully carry a handgun to do so without a permit. The new law basically eliminates the need for concealed-carry permits. Indiana is one of 23 other states with a similar law.
Tom Russo | Daily Reporter
By Mitchell Kirk and Kristy Deer
HANCOCK COUNTY – Law enforcement agencies in the county are preparing to adapt to a new law that will soon no longer require handgun owners to get permits for carrying their weapons in public.
Gov. Eric Holcomb signed a bill eliminating the rule in Indiana earlier this week, creating legislation that received split support from state legislators representing Hancock County.
The firearms law, which will take effect July 1, will allow anyone age 18 or older to carry a handgun in public except for reasons such as having a felony conviction, facing a restraining order from a court or having a dangerous mental illness. Supporters argue the permit requirement undermines Second Amendment protections by forcing law-abiding citizens to undergo police fingerprinting and background checks.
The permit repeal, called “constitutional carry” by gun-rights supporters in reference to the Second Amendment, was criticized by major law enforcement groups who argued eliminating the permit system would endanger officers by stripping them of a screening tool for quickly identifying dangerous people who shouldn’t have guns.
Holcomb said in a statement that the permit repeal bill “entrusts Hoosiers who can lawfully carry a handgun to responsibly do so within our state.”
“It’s important to note that if a person is prohibited, under federal or state laws, from possessing a firearm before this law goes into effect, that person will still be prohibited,” Holcomb said.
For local law enforcement, Major Robert Campbell of the Hancock County Sheriff’s Department said the Sheriff’s view on the state’s new constitutional carry law hasn’t changed. They will make sure the department follows and enforces all state laws.
While people will have a right to carry without a permit, effective July 1, officials from the department are asking Indiana residents to let a deputy know if they have a weapon in their car or in their possession if stopped.
“It’s usually the people who won’t share that information that you become leery of,” Campbell said. “If people could just open up and let us be aware so it doesn’t come as a surprise, that would be very helpful.”
Officials expect the process of clearing people or determining if a person is possessing a gun illegally will be slowed without permit requirements.
“We highly recommend the people in Indiana continue to apply for and get the free firearms permit,” Campbell said.
The free permit will help law enforcement be aware of justifiable carry, and it will also ensure that Indiana residents carrying in another state with different rules aren’t illegally possessing a gun.
Longtime county resident Bruce Shell has mixed views on the new gun law. He was, in fact, surprised the governor signed the bill, he said. Shell thinks it’s good for law enforcement to have a database on who should be allowed to carry a weapon and who should not, but he was also glad to see the governor uphold personal liberties.
“I honestly believe there needs to be some kind of checks and balances, but I also believe in the constitutional right to keep and bear arms,” Shell said.
Shell, who subscribes to gun magazines and keeps up to date on all gun safety laws, has a lifetime permit to carry. He will continue to show his card to law enforcement regardless of the new law stating he does not have to.
Shell, whose father was in law enforcement, feels it’s important to help those who put their life on the line whenever possible.
“One thing that the permitting process did do is put your fingerprints on record, and that’s a very powerful tool for law enforcement,” Shell said.
Deputy Chief Chuck McMichael of the Greenfield Police Department said the department will have to train officers for the changes the law brings.
“As we stated earlier when this was still being proposed, we train to expect that every person we interact with is armed, to protect ourselves and keep our guard up,” McMichael said.
While the existing law prevents certain people from possessing firearms, officials know some who shouldn’t have a firearm, do.
“That will not change with the new law,” McMichael said. “There will be people that choose to violate this law as they have done in the past, and we will arrest them as the new law allows.”
Like the sheriff’s department, officials with the GPD will encourage people to get a permit to carry as they have in the past, which allows a person to carry in other states that honor Indiana’s permit.
McMichael said it is important for those who choose to carry handguns to fully understand the requirements and, more importantly, the restrictions the revised law includes. They will continue to work with the Indiana State Police and other law enforcement leaders throughout the state to create solutions to identifying those not allowed to possess firearms.
Doug Carter, state police superintendent, said in a news release that he, like Holcomb, feels enormous responsibility for front-line law enforcement officers. Carter plans to continue to work with law enforcement around the state to make necessary changes to firearms enforcement as well as find the best way to identify individuals who are not allowed to carry a firearm as defined by Indiana statute.
“We will continue to encourage citizens to apply for, and maintain, a firearms permit,” Carter said. “A permit will assist law enforcement officers and will also allow a permit holder reciprocity with other states.”
Indiana Rep. Bob Cherry, R-Greenfield, supported the bill that became the new law.
“It’s a constitutional right to bear arms,” Cherry said.
He noted that anyone buying a firearm from a dealer still has to go through a federal background check and that permits in Indiana remain an option. The 23 other states with constitutional carry laws have yet to repeal them, he added.
“If a police officer is going to stop someone, that police officer doesn’t know whether the person has a permit or not,” Cherry said. “Usually it’s the people that cause damage or harm – they don’t get a permit anyway.”
Indiana Rep. Chris Jeter, R-Fishers, whose district includes part of Hancock County, supported the bill as well.
Indiana Sen. Michael Crider, R-Greenfield, voted against the bill. He said he doesn’t think there’s been any other issue he’s received more feedback on both for and against throughout his decade in the legislature.
“I think both sides made really valid points,” Crider said. “I’m certainly not anti-firearm ownership. I got a lifetime carry permit myself.”
Crider carried a gun on duty for 30 years during his former career as a state conservation officer. He said that background helps him understand and appreciate the importance of gun permits.
“Really my concern fell down to when law enforcement says it’s a tool that’s useful to them, and it’s something that’s potentially helpful when they’re in one of those situations where they’ve got a car stopped and trying to determine whether this is someone with a firearm or someone who should not have one – that probably caused me the most concern and the most pause.”
The Associated Press contributed to this story.
