Constitutional carry law worrisome to law enforcement

Jacob Musselman, The Lebanon Reporter, Ind.
·3 min read
106

Jul. 5—As of July 1, guns laws in the State of Indiana have changed to allow "constitutional carry."

The constitutional carry law means residents are no longer required to have a handgun permit to carry, transport or conceal a handgun.

Although the law makes it legal for most residents to carry a handgun without a permit, there are certain criteria residents must adhere to in order to do so.

Boone County Prosecutor Kent Eastwood said the law is far from perfect and that this doesn't mean that everyone can legally carry a gun.

"[This law] really impacts law enforcement first and foremost because before, if you didn't have a permit, officers could arrest you or charge you later," Eastwood said. "Now, law enforcement has to determine whether or not every person is a prohibited person and the bad thing about that is the information on whether or not somebody is prohibited is not at law enforcement's fingertips."

Examples of prohibited people would be a person who's been convicted of a state or federal offense who's been imprisoned for more than one year, a person convicted of domestic battery, a person who renounces their United States citizenship, and even someone who has been dishonorably discharged from the military.

There's no database that law enforcement can access in a timely manner to see if someone has been dishonorably discharged, Eastwood said.

"[Law enforcement] doesn't have that kind of database," he said. "They can't type in your name and see who's been dishonorabley discharged because there's no database that tells them that."

Eastwood added that another problem with the new law is with people coming here from other states.

"There's basically no way a law enforcement officer can be able to determine whether or not someone who's from out of state has a prior conviction where they've served more than one year," he said. "Even for someone in Indiana, that can be difficult to know in certain situations."

In a memo sent to all Boone County law enforcement personnel, Eastwood said any person who breaks this law commits a Class A misdemeanor but that charge jumps up to a Level 5 felony if committed within 500 feet of school property.

Eastwood added that it's a good idea to obtain a permit if residents plan to visit other states. As of 2022, Ohio and Kentucky are the only states bordering Indiana that do not require a permit for a handgun. Illinois and Michigan still require permits.

To apply for a free Lifetime Handgun Permit, visit the Indiana State Police website at in.gov/isp.

Eastwood and his team created a training program on the ins and outs of the new law and made it available to every officer in Boone County.

"This law puts officers in a really bad position," Eastwood said. "Before, there was a much easier mechanism for officers to see if you were violating the law. This makes it very difficult and officers, a lot of times, will not be able to make those determinations right away."