Indiana Code

Ind. Code § 35-47-2-1 (2026)

Carrying a handgun without being licensed; construction of chapter

✓ current as of May 2026
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     Sec. 1. (a) A person who meets the following requirements may carry a handgun in the manner described in subsection (b):

(1) The person is not prohibited from possessing or carrying a handgun under federal law as in effect on January 1, 2022.

(2) Notwithstanding section 1.5 of this chapter, the person is not otherwise prohibited under state law from possessing or carrying a handgun.

(3) The person does not meet the requirements under IC 35-47-2-3 to receive a license to carry a handgun in Indiana.

     (b) A person may carry a handgun without being licensed under this chapter to carry a handgun if:

(1) the person carries the handgun on or about the person's body in or on property that is owned, leased, rented, or otherwise legally controlled by the person;

(2) the person carries the handgun on or about the person's body while lawfully present in or on property that is owned, leased, rented, or otherwise legally controlled by another person, if the person:

(A) has the consent of the owner, renter, lessor, or person who legally controls the property to have the handgun on the premises;

(B) is attending a firearms related event on the property, including a gun show, firearms expo, gun owner's club or convention, hunting club, shooting club, or training course; or

(C) is on the property to receive firearms related services, including the repair, maintenance, or modification of a firearm;

(3) the person carries the handgun in a vehicle that is owned, leased, rented, or otherwise legally controlled by the person, if the handgun is:

(A) unloaded;

(B) not readily accessible; and

(C) secured in a case;

(4) the person carries the handgun while lawfully present in a vehicle that is owned, leased, rented, or otherwise legally controlled by another person, if the handgun is:

(A) unloaded;

(B) not readily accessible; and

(C) secured in a case; or

(5) the person carries the handgun:

(A) at a shooting range (as defined in IC 14-22-31.5-3);

(B) while attending a firearms instructional course; or

(C) while engaged in a legal hunting activity.

     (c) This chapter may not be construed:

(1) to prohibit a person who owns, leases, rents, or otherwise legally controls private property from regulating or prohibiting the possession of firearms on the private property;

(2) to allow a person to adopt or enforce an ordinance, resolution, policy, or rule that:

(A) prohibits; or

(B) has the effect of prohibiting;

an employee of the person from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle, unless the person's adoption or enforcement of the ordinance, resolution, policy, or rule is allowed under IC 34-28-7-2(b); or

(3) to allow a person to adopt or enforce a law, statute, ordinance, resolution, policy, or rule that allows a person to possess or transport a firearm or ammunition if the person is prohibited from possessing or transporting the firearm or ammunition by state or federal law.

     (d) Nothing in this chapter may be construed to affect the status or validity of a five (5) year or lifetime license to carry a handgun issued by the superintendent before July 1, 2022. Any license described under this subsection shall remain valid for the duration of the license or the lifetime of the licensee, as applicable.

As added by P.L.311-1983, SEC.32. Amended by P.L.326-1987, SEC.1; P.L.195-2003, SEC.6; P.L.98-2004, SEC.155; P.L.118-2007, SEC.35; P.L.164-2011, SEC.1; P.L.6-2012, SEC.231; P.L.158-2013, SEC.573; P.L.221-2017, SEC.1; P.L.175-2022, SEC.8.

 

Notes of Decisions
Cited in 434 cases (9 in the last 5 years), 1984–2026 · leading case: Guyton v. State, 771 N.E.2d 1141 (Ind. 2002).
Guyton v. State, 771 N.E.2d 1141 (Ind. 2002). · cites it 8× “Ind. Code § 35-47-2-1 . [1] This is not necessarily inconsistent with Washington because it was addressing whether the existence of a license is an element that must be disproved by the State or a matter that constitutes an affirmative defense to be proved by a defendant.”
Grim v. State, 797 N.E.2d 825 (Ind. Ct. App. 2003). · cites it 8× “Indiana Code § 35-47-2-1 provides that "a person shall not carry a handgun in any vehicle or on or about his person, except in his dwelling, on his property or fixed place of business, without a license issued under this chapter being in his possession.”
Mayes v. State, 744 N.E.2d 390 (Ind. 2001). · cites it 6× “NOTES [1] Ind.Code § 35-47-2-1, -23(c)(2)(B). [2] Mayes also is entitled to no relief on this claim for an additional reason.”
Goldsberry v. State, 821 N.E.2d 447 (Ind. Ct. App. 2005). · cites it 4× “" Ind.Code § 35-47-2-1(b). Unless the right has been restored, "[al person who has been convicted of domestic battery under IC 35-42-2-1.”
Iqbal v. State, 805 N.E.2d 401 (Ind. Ct. App. 2004). · cites it 4× “§§ 85-46-1-4(a)(1), 85-50-2-5; Count V, carrying a handgun without a license, a Class A misdemeanor, IC. §§ 35-47-2-1, 35-50-8-2; and Count VI, invasion of privacy, a Class B misdemean- or, L.”
State v. Moss-Dwyer, 686 N.E.2d 109 (Ind. 1997). · cites it 6× “” 3 Indiana Code § 35-47-2-1 reads: “Except as provided in section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about his person, except in his dwelling, on his property or fixed place of business, without a license issued under this chapter…”
J.R. v. State of Indiana, 89 N.E.3d 408 (Ind. Ct. App. 2017). · cites it 10× “" [16] In other words, Indiana Code section 35-47-2-1 applies only to adults who possess handguns without a license, and as a matter of law, a person under the age of eighteen is not eligible for such a handgun license.”
Alexander v. State, 768 N.E.2d 971 (Ind. Ct. App. 2002). · cites it 5× “2 , Ind.Code § 35-47-2-1 (Burns Code Ed. Repl.”
Shotts v. State, 925 N.E.2d 719 (Ind. 2010). · cites it 4× “Ind.Code §§ 35-47-2-1, -23(c) (2004). Shotts filed a pretrial motion to suppress the evidence of his handgun possession, arguing that the Indiana officers arrested him without "any warrant or legal authority," and that the subsequent search was the product of an arrest that…”
Woods v. State, 768 N.E.2d 1024 (Ind. Ct. App. 2002). · cites it 6× “[2] Ind.Code § 35-47-2-1. [3] Woods makes no contention that his convictions violate Indiana constitutional prohibitions against double jeopardy.”
Jackson v. State, 785 N.E.2d 615 (Ind. Ct. App. 2003). · cites it 4× “Ind.Code §§ 35-47-2-1, 35-47-2-23(c). 3 .”
Collier v. State, 715 N.E.2d 940 (Ind. Ct. App. 1999). · cites it 6× “" Ind.Code Ann. § 35-47-2-1 (West 1988). Collier notes that criminal recklessness as a class D felony requires the possession of a deadly weapon.”
— Ind. Code § 35-47-2-1(a) — 17 cases
Beverly v. State, 801 N.E.2d 1254 (Ind. Ct. App. 2004).
Khalil Jalon Payne v. State of Indiana, 96 N.E.3d 606 (Ind. Ct. App. 2018).
J.R. v. State of Indiana, 89 N.E.3d 408 (Ind. Ct. App. 2017). “" [16] In other words, Indiana Code section 35-47-2-1 applies only to adults who possess handguns without a license, and as a matter of law, a person under the age of eighteen is not eligible for such a handgun license.”
Powell v. Tompkins, 783 F.3d 332 (1st Cir. 2015).
Jones v. State, 868 N.E.2d 1205 (Ind. Ct. App. 2007).
— Ind. Code § 35-47-2-1(a)(2017) — 1 case
— Ind. Code § 35-47-2-1(a)(e) — 1 case
— Ind. Code § 35-47-2-1(b) — 2 cases
Goldsberry v. State, 821 N.E.2d 447 (Ind. Ct. App. 2005). “" Ind.Code § 35-47-2-1(b). Unless the right has been restored, "[al person who has been convicted of domestic battery under IC 35-42-2-1.”
Emmett Lawrence v. State of Indiana (Ind. Ct. App. 2023).
— Ind. Code § 35-47-2-1(b)(2)(A) — 1 case
— Ind. Code § 35-47-2-1(c) — 1 case
State v. Thacker, 2024 Ohio 5835 (Ohio Ct. App. 2024).
— Ind. Code § 35-47-2-1(c)(2)(A) — 1 case
— Ind. Code § 35-47-2-1(e) — 3 cases
— Ind. Code § 35-47-2-1(e)(1) — 1 case
— Ind. Code § 35-47-2-1(e)(2)(A)(i) — 2 cases
Tevin Dejaron Winborn v. State of Indiana, 100 N.E.3d 710 (Ind. Ct. App. 2018).
Demonae Deshawn Lewis v. State of Indiana (mem. dec.), 121 N.E.3d 132 (Ind. Ct. App. 2019).
— Ind. Code § 35-47-2-1(e)(2)(B) — 3 cases
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