As gun owners and supporters of the 2nd Amendment (2A) it seems like we are always in an uphill battle. We can’t stop to celebrate a win, since there is always a bill that didn’t get a hearing and more to be done. Getting two wins in a short amount of time is rare, and worth celebrating.
The first win took six years, and a few emails to find out it was a win. Back in 2019, Indiana’s four-year License To Carry a Handgun (LTCH) changed to a five-year LTCH. Along with adding one more year to the LTCH, there were other changes to include: changing Indiana Code so a lifetime and five-year LTCH could be possessed simultaneously. The reason: an LTCH issued within the last five years (ATF requirement) could be used in place of a National Instant Criminal Background Check System (NICS) check. The terms NICS exempt and NICS Point Of Contact (POC) are used to describe this action. When transferring a firearm through a Federal Firearms Licensee (FFL) you would still fill out the ATF Form 4473, but calling/contacting the FBI in Martinsburg, West Virginia wouldn’t be required if the FFL chooses this option.
In 2019 this change was largely under the Radar. 2019 was the year both Civil Immunity (which all but ended the industry of suing gun owners who used a firearm in lawful self-defense) and Church Carry (when a house of worship was on the same property as a school) were signed into law at the NRA Annual Meeting in Indianapolis.
With absolutely no fanfare, or notification, the Bureau of Alcohol Tobacco Firearms and Explosives (BATFE) updated their State List of Qualifying Alternative Permits to NICS Check. Sure enough, Indiana was on the list effective 23 May 2025. Six years to put this one in the win column. With Constitutional Carry being the law of the land here in Indiana (and 28 other States) is this a win? You bet! Ever try to buy a gun on Black Friday? Do you have a common name that leads to NICS delays? Get a five-year LTCH. Except for the fingerprinting (around $12) it is free. If you have a LTCH and it was since the start of electronic fingerprints the Indiana State Police can transfer your prints to the five-year application.
18–20-year-olds are possibly the biggest winners with this change. Since the passage of the Building Safer Communities Act (or as I like to call it, the BS Communities Act) in 2022, 18–20-year-olds have experienced significant NICS delays when purchasing long guns from FFLs. In a call with 2A Attorney/The 2A Project founder Guy Relford, a Firearms Enforcement Specialist from ATF’s Firearms Industry Programs Branch stated that “18–20-year-olds would be able to use an LTCH the same as everyone else.” This will avoid the significant delays, now that’s a win!
Win number two came from the Supreme Court Of The United States (SCOTUS.) The case was Smith and Wesson Brands Inc et al v. Estados Unidos Mexicanos. In this 9-0 decision from SCOTUS, we clearly see why the Protection of Lawful Commerce in Arms Act (PLCAA) is so important. Contrary to what those who oppose our 2A Rights say about the PLCAA, it does not prohibit lawsuits against gun manufacturers. It does prohibit lawsuits against gun manufacturers based on misuse/illegal use of firearms by 3rd parties. A good comparison is suing General Motors because people drive drunk in the vehicles they manufacture.
As with any product, if it has serious flaws that make it dangerous, the manufacturer can be sued. If a .357 magnum revolver catastrophically fails if you shoot anything but .38 Special, that is a defective product. A class action suit seems appropriate here. If the same revolver is used in a robbery? That’s a 3rd party using it for illegal purposes. The criminal going to prison would be the appropriate outcome.
The decision in this case is 24 pages long. I’ll sum it up this way: Mexico has a serious problem with violent drug cartels. Mexico sued US gun manufacturers because they have a serious problem with violent drug cartels. SCOTUS told Mexico in a 9-0 vote, they had no case.
In his concurring opinion, Justice Clarence Thomas wrote, “Allowing plaintiffs to proffer mere allegations of a predicate violation would force many defendants in PLCAA litigation to litigate their criminal guilt in a civil proceeding, without the full panoply of protections that we otherwise afford to criminal defendants.” I think that translates to, “Come back when you actually have a case.”
As 2A advocates, we are used to fighting uphill on a regular basis. Putting two in the win column is a very good thing. OK, enough celebrating. Time to get ready for the next fight.
Kelly Myers
Co-Director Government Affairs
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