Under I.C. 35-47-2-3(l) the personal identifying information of permit applicants or active permit holders are not public record and will not be released by the Indiana State Police. For complete information regarding Indiana's gun licensing laws, click here.
The Brady Handgun Violence Prevention Act of 1993 (Brady Act), Public Law 103-159, requires Federal Firearms Licensees to request background checks on prospective firearm transferees. In 1998, the FBI established National Instant Criminal Background Check System (NICS) to process these background checks. The NICS is a national system that checks available records in three distinct databases; National Crime Information Center (NCIC), the Interstate Identification Index (III), and the NICS Index to determine if prospective transferees are disqualified from receiving firearms.
Indiana contributes to the NCIC and III databases via the Indiana Data and Communication System (IDACS), Criminal History Repository System (CHRIS), Automated Fingerprint Identification System (AFIS), the Indiana Protective Order Registry, and the Indiana Sex and Violent Offender Registry.
The third FBI database Indiana contributes to is known as the NICS Index. It contains information provided by local, state, tribal, and federal agencies of persons prohibited from receiving firearms under federal or state law. The NICS Index contains prohibiting information, which may not be found in the NCIC or the III. If the information is available in the NCIC or the III, entry into the NICS Index is not necessary. Therefore, certain categories within the NICS Index may show minimal or no participation by a state or federal agency.
As a result of the NICS Improvement Amendments Act of 2007 (NIAA), federal agencies are required to make records available which are relevant to the determination of whether a person is disqualified from possessing or receiving a firearm under Subsection (g) or (n) of Section 922 of Title 18, United States Code, for use in background checks performed by the NICS. This can be accomplished through adding information to the NCIC, III or the NICS Index.
However, on the state level, unless otherwise instructed by state law or federal funding requirements, participation in the NICS Index is strictly voluntary. Indiana voluntarily submits to the NICS Index.The categories in the NICS Index mirror the prohibitions under Title 18, United States Code, Section 922. It is critical to note that the NICS Index is ever-changing. Contributors add, delete, and modify NICS Index entries with frequency. In addition, certain prohibitive categories contain an expiration date, which could necessitate the related information’s removal from the NICS Index. As a contributor to the NICS Index, Indiana is responsible for the accuracy and validity of its own NICS Index entries; therefore, it is imperative that those entries are updated regularly so the number of erroneous denials are minimized.
Felony
Persons who have been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; or any state offense classified by the laws of the state as a misdemeanor and is punishable by imprisonment for a term exceeding two years, should be submitted to the III for criminal history update with the level of conviction. A NICS Index entry should be used only when the information available does not qualify for III entry, such as when fingerprints are not captured at the time of the arrest.
Under Indictment/Information
Persons under indictment or information for a crime punishable by imprisonment for a term exceeding one year, may be entered into the NICS Index with an expiration date. This is a temporary prohibition, which may result in a low number or no entries in this category.
Fugitive from Justice
Persons who are fugitives from justice include active misdemeanor or felony criminal warrants. All warrants should be entered in the NCIC, but when the NCIC requirements are not met , entry in the NICS Index is an alternative. Therefore, there may be few or no entries in this category. Per Indiana Code 10-13-3-35 All information concerning fugitives charged with a crime, including information concerning extradition is entered into NCIC via IDACS.
Unlawful User/Addicted to a Controlled Substance
Persons who are unlawful users of or addicted to any controlled substance are potential candidates for the NICS Index. To qualify for NICS Index entry under this prohibition, proof must be established that the substance was a controlled substance (positive drug test or self-admitted use). Entry into the NICS Index for this prohibition is due to the need for specific information not typically available in the III (such as an incident/arrest report showing drug test results). Since this is a temporary prohibition (one year), an expiration date is established in the NICS Index. Criminal arrests and convictions pertaining to controlled substances are entered into NCIC and III via IDACS.
IC 16-39-1-9 Alcohol and drug abuse records Sec. 9. Alcohol and drug abuse records described in 42 U.S.C.290dd-2 may not be disclosed unless authorized in accordance with 42 U.S.C. 290dd-2.As added by P.L.4-1997, SEC.3. Amended by P.L.7-2015, SEC.43.There are no exemptions in 42 U.S.C.290dd-2 to share this data for NICS Index entries.
Adjudicated Mental Health
Persons adjudicated as a mental defective or involuntarily committed to a mental institution for treatment are entered into the NICS Index. Criminal cases with “Not Guilty by Reason of Insanity” qualify for entry to the III. If this information is not made available on the III, it would qualify for entry into the NICS Index. Civil cases would not be available on the III and would qualify for entry into the NICS Index. Therefore, unless state legislation prohibits sharing mental health information, the NICS Index would be the applicable location for agencies to share this type of information. The majority of criminal adjudication entries are within the state’s III submissions.
Illegal/Unlawful Alien
Illegal and Unlawful Alien entry into the NICS Index is typically made by the U.S. Immigration and Customs Enforcement. Therefore, entry by a state or other federal agency would be minimal to nonexistent in this category, unless additional information was discovered during research.
Dishonorable Discharge
Dishonorable Discharge is a military disqualification and is either found on the III or typically entered into the NICS Index by the U.S. Department of Defense. Therefore, entry by a state or other federal agency would be minimal to nonexistent in this category, unless additional information was discovered during research.
Renounced U.S. Citizenship
Renounced Citizenship submissions into the NICS Index is typically made by the U.S. Department of State. Therefore, entry by a state or other federal agency would be minimal to nonexistent in this category.
Protection/Restraining Order for Domestic Violence
Protection or Restraining Orders are to be entered in the NCIC; however, if all NCIC requirements are unable to be met, entry into the NICS Index is a solution. Therefore, there may be a low number or no entries in this category. The Indiana Protection Order Registry links Indiana courts issuing Protection and No-Contact Orders to IDACS and NCIC. On an average there are 50,000 to 60,000 Indiana Protection and No-Contact Orders entered within NCIC at any given time.
Misdemeanor Crime of Domestic Violence (MCDV)
In order to determine the prohibition for MCDV, the convicting statute, subsection, and qualifying relationship of the defendant to the victim are required. This information may be posted to the III. When the information is unable to be posted to the III, entry into the NICS Index is a solution. Therefore, there may be a low number or no entries in this category. The Indiana statute for domestic violence is titled Domestic Battery IC 35-42-2-1.3. Indiana convictions for Domestic Battery are submitted to III.
State Prohibitors
These prohibitors include individuals who are prohibited pursuant to the Brady Act based on state law only. This category is unique to each state/territory and dependent upon state law. The NICS will only respond with hit information from the NICS Index when the State of Purchase or State of Residence is equivalent to the originating agency of the NICS Index entry. Indiana does have state prohibited sales and transfers as defined by IC 35-47-2-7 (b). The offenses within that statute are entered within the state’s III submissions.
Federally Denied Persons File (DPF)
Prior to passage of the NIAA, the DPF existed because the NICS did not have a category for every prohibitor. Once all prohibitive categories were made available, most contributors moved their information from the DPF to the appropriate category. All Indiana entries are within the appropriate categories.