By RAY ADLER
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The Second Amendment and questions surrounding guns rights have sparked significant debate throughout 2021 and will likely continue throughout 2022.
On Nov. 3, 2021, the United States Supreme Court heard Oral Arguments on a case out of the State of New York called New York State Rifle and Pistol Association v. Bruen. The case involves a New York law that restricts concealed-carry firearm licenses to only those able to show “proper cause,” an especially difficult and ambiguous standard. The issue presented to the Court is whether the Second Amendment’s right to bear arms extends beyond the home. Thus, may a state issue concealed-carry licenses on a discretionary basis or must licenses be issued to all qualified applicants?
New York State Rifle and Pistol Association is the most significant Second Amendment case since the 2008 case, District of Columbia v. Heller, in which the Supreme Court determined that the Second Amendment guarantees a right to self-defense in one’s home. New York State Rifle and Pistol Association takes Heller a step further and asks whether one’s constitutional right to self-defense (specifically the right to keep and bear arms) extends to public places. It may be that the Supreme Court will find that the Second Amendment’s right to keep and bear arms extends to public places.
Notwithstanding the Supreme Court’s forthcoming decision on the scope of the Second Amendment, the State of Indiana continues to recognize the importance of self-defense and protecting law-abiding Hoosiers’ right to keep and bear arms.
Indiana offers its citizens a lifetime handgun carry license. Until June of 2021, the application fee for a lifetime handgun license was $125. However, on July 1, 2021, the application fee was eliminated, and Indiana citizens may now obtain a lifetime handgun license free of charge.
Recently, the Indiana legislature has taken another step in its efforts to increase access to self-defense with House Bill 1077. HB 1077 would repeal the handgun licensing requirements and allow law-abiding citizens, 18 years and older, to carry a handgun without a license. HB 1077 passed in the House of Representatives on Jan. 11 with a 63-29 vote and now heads to the Senate for deliberation.
Of course, both the United States Supreme Court and the Indiana legislature has recognized that one’s right to keep and bear arms, just like every constitutional right, is not unlimited. For example, restrictions on the possession of firearms by felons, or restricting firearms from sensitive places such as schools and government buildings may be a permissible limitation to the Second Amendment.
As we continue through 2022, be mindful of the ongoing debate surrounding firearm regulation. If you have an opinion regarding the pending firearm legislation, contact your congressperson, and engage in discussion with individuals with differing perspectives.
Finally, if you are concerned that a criminal conviction disqualifies you from owning or carrying a firearm, see our article on Criminal Expungement published in the Hamilton County Reporter on Nov. 29, 2020.
Educational material and not legal advice, written by the team at Adler attorneys. Email andrea@noblesvilleattorney.com with questions or comments.