Attorney General Todd Rokita has issued a legal opinion supporting the Second Amendment rights of Indiana residents, also known as Hoosiers. This action follows a request from the Indiana State Police concerning the FBI's interpretation of state law.
“In Indiana, we believe expungement restores civil rights, including Hoosiers’ Second Amendment rights,” stated Attorney General Rokita. He emphasized that justice and liberty are core American values, which include reinstating various civil rights such as voting and firearm ownership.
The FBI has reportedly denied firearm purchase or possession to some individuals in Indiana who have had certain felony convictions expunged by state courts. However, each state's laws determine what records can be expunged, not federal agencies like the FBI.
Indiana's legislation specifies felonies that are ineligible for expungement. These include offenses such as sex crimes, violent offenses, official misconduct, multiple felony offenses involving deadly weapons outside of a single criminal episode, homicides, and human trafficking. These exceptions aim to prevent violent felons from acquiring firearms while upholding the rights of others with less severe records.
“Our legislators are voted in by regular, everyday Hoosiers,” Attorney General Rokita added. “They take on issues important to the public while ensuring they follow the U.S. and Indiana constitutions."
Guy Relford, an attorney and founder of The2AProject.com in Indiana, supported Rokita’s opinion: "Bureaucrats in Washington have repeatedly attempted to thwart the clear intention of the Indiana General Assembly to restore the right to possess a firearm of persons who have earned the opportunity to expunge their felony convictions."
In 2022, Attorney General Rokita's Office released a Gun Owners’ Bill of Rights to help law-abiding citizens understand their Second Amendment rights related to expungements.
A copy of Attorney General Rokita’s Opinion is available for review.