Constitutional Carry Re-Introduced In Indiana as HB1022

Constitutional Carry Re-Introduced In Indiana as HB1022

Dean Weingarten

Arizona -(Ammoland.com)- Indiana Representative Jim Lucas has re-introduced a Constitutional Carry bill in the Indiana legislature.

In 2017, Lucas lead the fight to bring Constitutional Carry to Indiana. He was heavily opposed by the Indiana Media.

He fought back by proposing a bill to require professional journalists to be fingerprinted and submit an application to the state to be approved for a journalist license, in order to exercise their freedom of the press.

It was a nice bit of satire, fighting back against an agenda driven media.

While the Constitutional Carry bill did not pass, a non-scientific poll at wane.com showed 84 percent in favor of the bill.

 A legislative study committee recommended that the 2018 legislature “remove hurdles” to carrying a handgun. The vote was 15 -5 on 30 October, 2017. 

INDIANAPOLIS — The General Assembly next year is likely to consider legislation to eliminate Indiana's licensing requirement for carrying a handgun in public.

A legislative study committee on Monday recommended state lawmakers “should remove hurdles” that limit the ability of Hoosiers to exercise their constitutional rights relating to firearms.

The Joint Committee on Judiciary and Public Policy did not specifically call for ending handgun carry licenses. In fact, it urged the current license system be maintained for individuals who want a reciprocal license to carry in states that require licensing.

On 11 January, 2018, HB 1022 was introduced. First reading on 11 January, the bill was referred to the Committee on Public Policy. Here is the summary of the bill.

From in.gov:

Right to carry a handgun. Repeals the law that requires a person to obtain a license to carry a handgun in Indiana. Specifies that certain persons who are not otherwise prohibited from carrying or possessing a handgun are not required to obtain or possess a license or permit from the state to carry a handgun in Indiana. Prohibits certain individuals from knowingly or intentionally carrying a handgun. Creates the crime of “unlawful carrying of a handgun”. Provides that a prohibited person who knowingly or intentionally carries a handgun commits a Class A misdemeanor. Specifies that the unlawful carrying of a handgun is a Level 4 felony when a person: (1) is less than 23 years of age; and (2) has an adjudication as a delinquent child for an act described by IC 35-47-4-5 (unlawful possession of a firearm by a serious violent felon). Allows a resident of Indiana who wishes to carry a firearm in another state under a reciprocity agreement entered into by Indiana and the other state to obtain from the superintendent of the state police department a reciprocity license. Provides that a reciprocity license is valid for five years. Requires law enforcement agencies to make use of certain data bases when issuing handgun licenses. Makes conforming amendments.

Indiana has super-majorities of Republicans in the legislature. 70 of 100 representatives are Republicans in the House, and 41 of 50 senators are Republicans in the Senate.

Constitutional Carry is proving popular with state legislators. In 2002 only Vermont had Constitutional Carry.

Constitutional Carry is the right to carry a handgun openly or concealed in most public places, without a government permission slip.

It existed throughout the nation when the Bill of Rights was ratified in 1791.

In 2003, Alaska passed the reform to restore the exercise of Second Amendment rights. In 2010, Arizona passed Constitutional Carry. In 2011, Wyoming, in 2013, Arkansas passed Act 746 into law.

It is effectively Constitutional Carry, but is disputed by some county prosecutors. in 2015, Kansas, and Maine joined the Constitutional Carry club. In 2016, Idaho, Missouri, West Virginia, and Alabama enacted Constitutional Carry. In 2017, New Hampshire, and North Dakota were added to the list.

There are now 13 states with Constitutional Carry, as many as the original 13 states that ratified the United States Constitution.

2018 by Dean Weingarten: Permission to share is granted when this notice is included.

About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30-year career in Army Research, Development, Testing, and Evaluation.

  • 12 thoughts on “Constitutional Carry Re-Introduced In Indiana as HB1022

    1. It is sad that we have to fight for a right given to us in the Constitution. The liberal judges have tried to destroy our right to carry a weapon to defend ourselves and our families. The eight years of Obozo tried to destroy a lot of rights guaranteed by the Constitution. They continually assaulted and bypassed the laws of this nation. Now we have a President that will stand up for us. We need to give him as much help as we can in the upcoming midterm elections. Our future rights and the the future of our great nation are at stake. If the demoRats get a majority in either house they will block every move that he tries to make. They will block every SCOTUS appointee that he makes as well as continue their assault on the second amendment. They will not stop until it is illegal to own a gun in every state of the country. We can look at California and see what their vision of the future would be for the nation. They are now going after the people’s ability to buy ammo in their state. We have to turn out in masses like we did in the presidential election and defeat every demoRat that seeks office.

    2. Not so fast my 2A friends! Despite the fact our State Constitution has a Clear 2A clause, and an intensive multi session summer study results (15-5 in favor) once again our super majority idiots have failed us AGAIN (as the 2 previous attempts)! A last minute amendment, which passed, simply modified the permit system. Why- because the St Chiefs of Police leader kept pushing the absurd notion that this eliminates the (their) ability to run a background check (and collect $ for applications). During the summer hearings this moron couldn’t answer what his constituents thought let alone the rank and file officers. Yet he continued the misinformation if we went constitutional carry there would be no background checks conducted. While many of our elected officials understand the process too many don’t and succumb to the BS rhetoric of gun control advocates!

    3. @ Mootman
      “Why are various states passing/ talking about National Conceal Carry Reciprocity? Just pass the bill before the Senate at the National level!”

      It is already on the books so to speak, in all 50 states,even the ones that pretend it doesn’t exist,it’s known as the Second Amendment,it just needs to be enforced.

      1. @GMB, I note, with great joy, both of your comments. You get five gold stars for Constitutional research and interpretation.

        1. @ Wild Bill

          I count my self fortunate as I had a extremely grouchy high school history/civics teacher,who gave at least one student a decent base foundation of understanding.
          I’ve spent time to current in further study of the founding documents and still learning every day,it’s never to late and I urge a citizens to do a bit of study of We The Peoples Constitution.

            1. @ Wild Bill

              He was up there in years,I fear he is no longer with us but his ideas and gift still are and my guess in more students than myself.

    4. Why are various states passing/ talking about National Conceal Carry Reciprocity? Just pass the bill before the Senate at the National level!

      1. @ Mootman

        The 2 nd. amendment already covers Constitutional carry as explained below in the supremacy clause in Article 6 of said US Constitution. It’s already there. I would urge every citizen to study,We The Peoples Constitution.

        “The supremacy clause at Article VI, clause 2, US Constitution, says:
        “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

    5. “Constitutional Carry is proving popular with state legislators. In 2002 only Vermont had Constitutional Carry.”

      I might add Vermont in 1791 also became the 14 th. state and has always had Constitutional carry,Article 16 Vermont state constitution,the only state to follow the founders intent of the Federal Constitution.

      It is better for a state to adopt the 2 nd. amendment thru their states Constitution rather than statute as the first is a more deliberative process than statue.

      “Other indicators of Vermont’s leadership among pro-gun states include Article 16 of the state Constitution, which reads, “The people have a right to bear arms for the defense of themselves and the state.” The law dates back to 1777 and was strengthened in 1903 by State v. Rosenthal.”

      https://personalliberty.com/make-mistake-vermonts-proud-original-guns-everywhere-state/

      I wish the people of Indiana great success in their goal of enjoying their federal 2 nd. amendment .

      1. Yes my friend. We are so fortunate to have Article 16 in our state constitution. But we still have the whackos that want to not only deny the 2A, but also to rewrite our own state constitution. They never go away.. We have to keep our guard up.

        Enjoy.

        1. @ Vt Patriot

          Of course you are correct,that’s why I will be in the state house on Tuesday the 30 th. at 4:30 pm this month because they have been told No for the last five years in a row,one can never rest and has to be ever vigilant.

          However it is more difficult to amend a states constitution than statute,which can be changed at a whim.

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