Indiana Restoration of Right to Bear Arms

By: Russell B. Cate, Cate Terry & Gookins, LLC, Member

Recent news media reports and statements by President Obama have drawn attention to

Indiana’s firearms laws. One law, however, was quietly amended and went into effect on July 1,

2015 that once again allowed an Indiana resident to restore their Second Amendment Right.

 

In 2013, Indiana expungement laws restored the Second Amendment rights to an Indiana

resident who had their prior felony convictions expunged under Indiana law. Unfortunately, the

United States Department of Justice took the position that, as written, Indiana’s expungement

laws may restore an Indiana resident’s Second Amendment right at the state level, but not at

the federal level. The Department of Justice’s justification of Indiana’s 2013 expungment

statute was that Indiana’s expungements were not true expungements.

 

Thanks to the hard work of Indiana Senator Brent Steele, Indiana’s expungement statute was

amended in July 2015 to restore the civil rights of someone previously convicted of a felony and

to restore them as a “proper person.” According to a recent opinion letter dated October 28,

2015 from the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives

the amendments to Indiana’s expungement statutes are now sufficient to restore firearms

rights at the federal level.

 

If you are currently precluded from owning or possessing a firearm but would like to explore

whether your right to bear arms can be restored, please give Cate Terry & Gookins, LLC a call at

317-564-0016.