INDIANAPOLIS, Ind. (March 10, 2022) – On Tuesday, the Indiana House and Senate gave final approval to a bill that would legalize permitless or “Constitutional Carry” in the state despite fierce law enforcement opposition. The enactment of this bill would also foster an environment more hostile to federal gun control.

Rep. Ben Smaltz (R) authored House Bill 1296 (HB1296). The legislation would allow any person 18 or over to carry a concealed handgun without a state-issued permit. Under the law, the state’s concealed carry permitting program would remain in place for those wishing to obtain a permit to carry in other states that have CCDW reciprocity with Indiana.

On March 8, the House approved the final version of HB1296 by a 68-30 vote. The Senate approved the measure 30-20. The bill now goes to Republican Gov. Eric Holcomb’s desk. It remains unclear if he will sign the bill.

According to the Indianapolis Star, Holcomb is caught between two traditional Republican constituencies.

“If he vetoes the legislation, he risks being the sole politician to stand of the way of so-called “constitutional carry,” potentially angering the conservative wing of his party. If he signs the bill, he’ll be going against the wishes of the head of the state police, Douglas Carter, who accused lawmakers of pandering to lobbyists and political posturing.”

The permitless carry language was originally in House Bill 1077. It was killed in the Senate after the Judiciary Committee gutted the bill. The language was inserted into a medical claims bill in a procedural move to circumvent the Senate committee.

Law enforcement fiercely opposed the bill. State Police Superintendent Doug Carter, the Indiana Fraternal Order of Police, the police chiefs association, and county prosecutors association all lobbied against the measure. Rep. Mitch Gore (D-Indianapolis) also serves as a captain with the Marion County Sheriff’s Office. During the House floor debate, he said, “Law enforcement generally is opposed to the bill.”


While permitless carry bills do not directly affect federal gun control, the widespread passage of permitless conceal carry laws in states subtly undermines federal efforts to regulate guns. As we’ve seen with marijuana and industrial hemp, a federal regulation becomes ineffective when states ignore it and pass laws encouraging the prohibited activity anyway.

The federal government lacks the enforcement power necessary to maintain its ban, and people will willingly take on the small risk of federal sanctions if they know the state will not interfere. This increases when the state actively encourages “the market.”

Less restrictive state gun laws will likely have a similar impact on federal gun laws. It will make it that much more difficult for the feds to enforce any future federal gun control, and increase the likelihood that states with few limits will simply refuse to cooperate with federal enforcement efforts.

State actions such as passing “constitutional carry” lower barriers for those wanting the option of defending themselves with firearms and encourage a “gun-friendly” environment that would make federal efforts to limit firearms that much more difficult.


Gov. Holcomb will have seven days from the date HB1296 is transmitted to his office to sign or veto the bill. If he takes no action, it will become law without his signature. If you live in Indiana, contact the governor’s office and urge him to sign HB1296 into law. You can find contact information HERE.

Mike Maharrey

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