It’s now up to Republican Gov. Eric Holcomb to decide whether Indiana will become the 22nd state to allow handgun owners age 18 and older to carry their weapon in public without needing to obtain a state license.
On Tuesday, the Republican-controlled General Assembly employed an extraordinary procedure to revive the permitless carry proposal from House Bill 1077, which failed to advance in the Senate, and insert it into House Enrolled Act 1296 for final votes in each chamber.
The House outcome largely mirrored the result on the earlier measure and passed 68-30 with little back-and-forth between lawmakers.
It was a different story in the Senate, however, where the usual rapid pace of the final day of the annual legislative session was put on hold for nearly three hours while senators respectfully debated the Constitution, individual liberty, public safety, support for law enforcement, gun violence, crime, and a host of other gun-related issues.
In the end, though, the Senate voted 30-20 to advance the plan to the governor, who so far has remained mum on whether he intends to sign it into law or issue a rare veto.
Regardless, it takes in Indiana only a simple majority — the same 50% plus one required to send legislation to the governor in the first place — for the General Assembly to override a gubernatorial veto and enact a measure into law notwithstanding his objections.
The legislation repeals the state’s existing licensing requirement to carry a handgun in public effective July 1, allows Hoosiers wanting a license for out-of-state reciprocity purposes to continue to get one at no cost, and makes firearm theft a level 5 felony punishable by up to six years in prison, instead of a level 6 felony.
If enacted into law, public carry of a handgun still would be denied to convicted felons; fugitives; some non-citizens; a person convicted of domestic violence, domestic battery or criminal stalking; a person under a restraining order; a person under indictment; a person formally deemed dangerous or mentally defective; or a person dishonorably discharged from military service.
Handguns also would continue to be prohibited at school buildings. In addition, businesses and homeowners would retain the right to bar customers or guests from bringing a handgun onto their property.
State Rep. Ben Smaltz, R-Auburn, the sponsor, said he believes it’s wrong for Indiana to condition the constitutional right to keep and bear arms on an “incredibly burdensome” requirement that lawful gun owners get permission from the state and submit their fingerprints before carrying a handgun in public.
He said criminals, by their very nature, are not taking the time to get a carry license, so why should “Mr. and Mrs. Hoosier” have to jump through a bunch of hoops to be able to defend themselves from those criminals?
On the other hand, multiple law enforcement professionals vigorously opposed permitless carry, including Indiana State Police Superintendent Doug Carter who said eliminating handgun carry permits will endanger the more than 18,000 police officers serving Hoosiers across the state.
Specifically, Carter and representatives of the Fraternal Order of Police said eliminating handgun carry permits will make Hoosier police officers less safe because there no longer will be an easy way to confirm a person with handgun is legally entitled to be carrying it.
“If you choose to support this bill you will not be supporting us. You will not be supporting the front-line officer,” Carter said. “Shifting the burden from the individual who applied for the permit to the front-line officer is wrong on so many levels. But that’s what you’re doing.”
That argument was good enough for House Democratic Leader Phil GiaQuinta, D-Fort Wayne, who said local police officers he spoke with about the issue agreed with the state police leader there’s no reason to get rid of the database of individuals licensed to carry a handgun.
“We should be doing everything we can to back up law enforcement. We should be doing everything we can to make our streets safer. This won’t do that,” GiaQuinta said. “If you vote for this bill you’re making the streets of Indiana less safe.”
State Sen. Aaron Freeman, R-Indianapolis, vehemently disagreed with the characterization that permitless carry will increase crime and endanger law enforcement.
“You absolutely can support law enforcement and support this bill,” Freeman said. “You either trust the citizens of Indiana or you don’t.”
State Sen. Eddie Melton, D-Gary, said if the Legislature is going to trust Hoosiers it similarly should trust its own processes and procedures, rather than doing a last-minute end-run to revive and advance a proposal that previously was rejected.
“The lack of transparency present in the process for getting the permitless carry legislation passed has been shameful,” Melton said. “Moving the language from bill to bill in conference committee, now to House Bill 1296, circumvents the legislative process and removes the option for the public to react.
“Most of my constituents oppose this bill, parents oppose this bill and law enforcement opposes this bill. Permitless carry is dangerous for our state, especially at a time when we’re working to decrease violent crime.”
Among Northwest Indiana lawmakers, the legislation was backed by state Reps. Julie Olthoff, R-Crown Point; Jim Pressel, R-Rolling Prairie; Hal Slager, R-Schererville; and Ed Soliday, R-Valparaiso; and state Sens. Mike Bohacek, R-Michiana Shores; and Rick Niemeyer, R-Lowell.
Region lawmakers opposing the measure were state Reps. Mike Andrade, D-Munster; Mike Aylesworth, R-Hebron; Pat Boy, D-Michigan City; Earl Harris Jr., D-East Chicago; Ragen Hatcher, D-Gary; Carolyn Jackson, D-Hammond; Chuck Moseley, D-Portage; and Vernon Smith, D-Gary; and state Sens. Ed Charbonneau, R-Valparaiso; Michael Griffin, D-Highland; Eddie Melton, D-Gary; Rodney Pol, D-Chesterton; and Lonnie Randolph, D-East Chicago.
Following the votes, National Rifle Association Indiana State Director John Weber applauded the General Assembly for codifying “the fundamental right of all people to defend themselves wherever a self-defense situation may arise.”
“Anti-self defense activists try to mislead the public by saying this legislation will allow criminals to carry — nothing could be further from the truth. Similar bills have passed in 21 other states and there has been no resulting increase in crime,” Weber said.
Meanwhile, Indiana Democratic Party Chairman Mike Schmuhl said the outcome shows Statehouse Republicans are ignoring the will of voters and law enforcement — “all to fulfill an extreme agenda.”
“Whether it’s handing firearms to bad actors, discrediting COVID-19 vaccines or politicizing classrooms, Indiana Republicans would rather divide families and communities with their partisan culture wars than actually create a better future for Hoosiers,” Schmuhl said.
Meet the 2022 Northwest Indiana legislative delegation
State Sen. Michael Griffin, D-Highland
State Sen. Michael Griffin, D-Highland
1st Senate District
Represents: Hammond (south side), Munster, Highland, Griffith, Dyer, Schererville
Experience: Former Highland clerk-treasurer; university instructor
Committees: Insurance and Financial Institutions; Local Government
State Sen. Lonnie Randolph, D-East Chicago
State Sen. Lonnie Randolph, D-East Chicago
2nd Senate District
Represents: Hammond, Whiting, East Chicago, Gary (west side), Griffith, Hobart, Merrillville
Experience: State senator since 2008, previously served 1994-98; attorney
Committees: Commerce and Technology; Insurance and Financial Institutions (ranking member); Judiciary (ranking member); Rules and Legislative Procedure; Tax and Fiscal Policy; Utilities (ranking member)
State Sen. Eddie Melton, D-Gary
State Sen. Eddie Melton, D-Gary
3rd Senate District
Represents: Gary, Lake Station, New Chicago, Hobart, Merrillville, Crown Point
Experience: State senator since 2016; community relations manager
Committees: Appropriations (ranking member); Education and Career Development; Health and Provider Services; Joint Rules; Rules and Legislative Procedure
State Sen. Rodney Pol Jr., D-Chesterton
State Sen. Rodney Pol Jr., D-Chesterton
4th Senate District
Represents: Ogden Dunes, Portage, Chesterton, South Haven, Burns Harbor, Beverly Shores, Michigan City, Westville
Experience: State senator since 2021; attorney
Committees: Corrections and Criminal Law (ranking member); Environmental Affairs; Local Government; Pensions and Labor; Public Policy
State Sen. Ed Charbonneau, R-Valparaiso
State Sen. Ed Charbonneau, R-Valparaiso
5th Senate District
Represents: Valparaiso, Hebron, Kouts, Jasper County
Experience: State senator since 2007; attorney
Committees: Appropriations; Ethics; Health and Provider Services (chairman); Rules and Legislative Procedure; Tax and Fiscal Policy
State Sen. Rick Niemeyer, R-Lowell
State Sen. Rick Niemeyer, R-Lowell
6th Senate District
Represents: St. John, Cedar Lake, Crown Point, Winfield, Lowell, Newton County
Experience: State senator since 2014, state representative 2012-14; small business owner
Committees: Environmental Affairs; Local Government; Tax and Fiscal Policy
State Sen. Mike Bohacek, R-Michiana Shores
State Sen. Mike Bohacek, R-Michiana Shores
8th Senate District
Represents: LaPorte County
Experience: State senator since 2016; consultant
Committees: Corrections and Criminal Law; Insurance and Financial Institutions; Judiciary; Local Government
State Rep. Carolyn Jackson, D-Hammond
State Rep. Carolyn Jackson, D-Hammond
1st House District
Represents: Hammond, Whiting
Experience: State representative since 2018; retired Cook County, Ill., probation officer
Committees: Environmental Affairs; Family, Children and Human Affairs; Natural Resources
State Rep. Earl Harris Jr., D-East Chicago
State Rep. Earl Harris Jr., D-East Chicago
2nd House District
Represents: East Chicago, Gary (west side)
Experience: State representative since 2016; small business owner
Committees: Government and Regulatory Reform; Roads and Transportation; Ways and Means
State Rep. Ragen Hatcher, D-Gary
State Rep. Ragen Hatcher, D-Gary
3rd House District
Represents: Gary (downtown and east side), Lake Station, New Chicago, Hobart
Experience: State representative since 2018; attorney
Committees: Commerce, Small Business and Economic Development; Courts and Criminal Code (ranking member); Government and Regulatory Reform
State Rep. Ed Soliday, R-Valparaiso
State Rep. Ed Soliday, R-Valparaiso
4th House District
Represents: Valparaiso
Experience: State representative since 2006; aviation safety consultant
Committees: Elections and Apportionment; Roads and Transportation; Utilities, Energy and Telecommunications (chairman)
State Rep. Pat Boy, D-Michigan City
State Rep. Pat Boy, D-Michigan City
9th House District
Represents: Michigan City, Chesterton, Beverly Shores, Long Beach, Westville
Experience: State representative since 2018; retired small business owner
Committees: Environmental Affairs; Natural Resources (ranking member)
State Rep. Chuck Moseley, D-Portage
State Rep. Chuck Moseley, D-Portage
10th House District
Represents: Portage, Chesterton, Ogden Dunes, Burns Harbor, South Haven
Experience: State representative since 2008; financial solutions associate
Committees: Employment, Labor and Pensions; Roads and Transportation (ranking member); Veterans Affairs and Public Safety
State Rep. Mike Aylesworth, R-Hebron
State Rep. Mike Aylesworth, R-Hebron
11th House District
Represents: St. John, Cedar Lake, Lowell, Schneider, Hebron, Kouts
Experience: State representative since 2014; farmer, former state environmental regulator
Committees: Agriculture and Rural Development (vice chairman); Courts and Criminal Code; Environmental Affairs
State Rep. Mike Andrade, D-Munster
State Rep. Mike Andrade, D-Munster
12th House District
Represents: Munster, Hammond (south side), Highland, Griffith
Experience: State representative since 2020; small businessman
Committees: Commerce, Small Business and Economic Development; Employment, Labor and Pensions; Veterans Affairs and Public Safety
State Rep. Vernon Smith, D-Gary
State Rep. Vernon Smith, D-Gary
14th House District
Represents: Gary (south side), Merrillville
Experience: State representative since 1990; education professor at Indiana University Northwest
Committees: Education (ranking member); Judiciary; Local Government
State Rep. Hal Slager, R-Schererville
State Rep. Hal Slager, R-Schererville
15th House District
Represents: Dyer, Schererville, St. John, Griffith
Experience: State representative 2012-18, reelected 2020; small business owner
Committees: Environmental Affairs; Ways and Means
State Rep. Douglas Gutwein, R-Francesville
State Rep. Douglas Gutwein, R-Francesville
16th House District
Represents: Newton, Jasper counties
Experience: State representative since 2008; small business owner
Committees: Agriculture and Rural Development; Environmental Affairs (vice chairman); Veterans Affairs and Public Safety
State Rep. Julie Olthoff, R-Crown Point
State Rep. Julie Olthoff, R-Crown Point
19th House District
Represents: Crown Point, Merrillville, Winfield, Lakes of the Four Seasons, Hobart
Experience: State representative 2014-2018, reelected 2020; small business owner
Committees: Family, Children and Human Affairs; Public Health (vice chairwoman); Veterans Affairs and Public Safety
State Rep. Jim Pressel, R-Rolling Prairie
State Rep. Jim Pressel, R-Rolling Prairie
20th House District
Represents: LaPorte County
Experience: State representative since 2016; small business owner
Committees: Commerce, Small Business and Economic Development; Roads and Transportation (chairman)
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