Indiana
Indiana state laws, regulations, court decisions, and active legislation
Overview
Indiana's legal system reflects the state's Midwestern character with a generally moderate-to-conservative orientation. The state was an early adopter of the Religious Freedom Restoration Act (RFRA), which generated significant national debate. Indiana has modernized its criminal code in recent years and has been moving toward evidence-based sentencing reforms.
Indiana is known for its business-friendly legal environment, with relatively low taxes and limited regulation. The state eliminated its handgun license requirement in 2022, adopting permitless carry. Indiana's legal framework includes a unique red flag law that allows law enforcement to seize firearms from individuals deemed dangerous — notable among permissive gun law states.
Court Structure
Indiana's court system includes small claims courts, city and town courts, circuit courts, superior courts, the Court of Appeals (organized into five districts), the Tax Court, and the Indiana Supreme Court. The Supreme Court justices and Court of Appeals judges are appointed by the governor from a judicial nominating commission list and face retention elections. Trial court judges are elected.
Unique Laws & Facts
- •Indiana's Religious Freedom Restoration Act (RFRA) sparked national debate on LGBTQ+ rights
- •The state has a red flag law despite its permissive gun laws — an unusual combination
- •Indiana requires all vehicles to display both front and rear license plates
- •The state has an elected superintendent of public instruction
- •Indiana was the first state to adopt permitless carry at age 18
Legal Landscape
Indiana's legal landscape combines business-friendly regulation, permissive firearms laws, and moderate criminal justice reform. The state's religious liberty debates have placed it in the national spotlight. Indiana's legal framework emphasizes limited government and individual liberty while maintaining some progressive elements like its red flag law.
Key Indiana Laws (3)
Operating While Intoxicated (OWI)
Indiana's OWI threshold is 0.08% BAC (Class C misdemeanor), with enhanced penalties at 0.15%+ (Class A misdemeanor). OWI causing death is a Level 4 felony. Second offense within 5 years is a felony. Pretrial diversion available for first offenders in many counties.
Permitless Carry of Handguns
Indiana allows permitless carry for anyone 18 or older who can legally possess firearms. No assault weapon bans, magazine limits, or waiting periods. Indiana has a red flag law allowing courts to order firearm seizure from dangerous individuals. Strong Castle Doctrine and Stand Your Ground apply.
Security Deposits and Landlord-Tenant Obligations
Indiana places no limit on security deposits but requires return within 45 days with an itemized list. Failure to itemize forfeits the deposit. 10-day notice for non-payment eviction. No rent control. Warranty of habitability applies with repair-and-deduct remedy available.