Indiana has strict laws regarding the possession of firearms by convicted felons. Under IC 35-47-4-5, a serious violent offender who knowingly or intentionally possesses a firearm commits illegal possession of a firearm by a serious violent offender, a level 4 felony. This is a felony charge in Indiana and, if convicted, the offender could spend up to 12 years in prison. For the purposes of this section, a serious violent offender refers to any person convicted of the following offenses:Federal law also prohibits convicted felons from owning or possessing firearms.
Indiana residents have the right to carry firearms under certain circumstances or with a license, but that right is not unlimited. There are laws that prevent certain people, such as criminals, from owning firearms, and Indiana requires licenses to carry handguns. The following summarizes several of the main laws related to the illegal possession of firearms. Any serious violent offender who knowingly or intentionally possesses a firearm commits a level 4 felony. A person who illegally possesses a gun on school grounds or on a school bus commits a level 6 felony.
A person who is legally allowed to own a firearm and who knowingly, intentionally, or recklessly leaves the firearm in plain sight in a motor vehicle parked in a school parking lot commits a class A misdemeanor offense. A person who attempts to “change, alter, remove or erase” the manufacturer's name, model, manufacturer's serial number or other identifying mark, or who knowingly possesses a weapon that has such identifiers has been altered, commits a level 5 felony. Anyone who knowingly or intentionally points a loaded firearm at another person commits a level 6 felony. If the weapon is unloaded, the offense is reduced to a class A misdemeanor. For the most part, firearms charges do not require the state to demonstrate an element of intent, meaning that the mere possession of a firearm may be sufficient for the state to bring charges against you.
There are ways to defend yourself against these charges that often revolve around suppressing illegally obtained evidence. Your lawyer will need to review your case and the reasons for any search that resulted in the search for a firearm to determine whether or not your constitutional rights were violated. Indiana also generally prohibits the possession of firearms until age 26 or 28 (depending on the seriousness of the crime) to people who were declared criminals as juveniles for a crime that would be a serious and violent crime if committed by an adult, if they had been armed with a firearm during the commission of the crime. In addition, if you are convicted of a serious violent crime in Indiana or anywhere else (IC § 35-47-4-), then you cannot own or own a firearm. If you are found guilty of intentionally or knowingly owning a firearm when Indiana law prohibits you from doing so, you will be charged with a level 4 felony. Indiana gun laws DO NOT require you to have a license to buy or own a firearm or to own a rifle or shotgun.
An alert law allows law enforcement officers to seize firearms from people who are considered dangerous to themselves or others. Indiana law generally prohibits people from owning firearms if they have been convicted of a “serious and violent crime” which is generally defined to include, among other things, violent behavior that results in serious bodily injury involving assault with a deadly weapon or stalking with credible threats of serious bodily harm or death. However, Indiana laws generally do not prohibit people convicted of other violent crimes (those that are not designated as “serious violent crimes”) from possessing firearms (although federal firearm restrictions generally apply), including violent conduct that results in “moderate bodily injury” intentional strangling threatening violence including by drawing up or using a deadly weapon and shooting at an inhabited building. To restore your right to own or own a firearm or to have a license to carry one in Indiana, you must first determine why you are prohibited from owning, possessing, or being licensed to carry one in Indiana. We have already listed some of the penalties for owning one when they are prohibited by Indiana gun laws and Indiana gun laws for felons. In certain cases, eliminating your felony conviction can specifically renew your eligibility to own one under Indiana law and under federal law. If you are carrying an open or hidden gun without a license in Indiana and you are on school property within 500 feet of school property on a school bus have been previously convicted of illegal carrying or have a felony conviction then you must defend yourself against being charged with a felony. However keep in mind that if you're transporting that gun between your home and business you'll need a valid license to carry it in Indiana (unless the gun is unloaded not easily accessible and stored in a case).We often receive questions about Indiana's firearms laws for felons and whether people convicted of serious crimes in Indiana including nonviolent crimes (such as robbery or OWI) are prohibited from owning or buying firearms in Indiana.
However if you are NOT otherwise prohibited from owning one (under federal law or Indiana law) Indiana gun laws explain that you DO NOT need a license to carry one with you while you are in your home apartment or property on your property. In addition to waiting periods before being eligible for criminal record expungement there may be other requirements such as completing probation paying restitution completing community service attending counseling etc. Depending on your criminal record it may be possible for your lawyer to negotiate with prosecutors for an alternative sentence such as probation instead of jail time which would allow you to restore your right to possess firearms. It is important for anyone facing criminal charges related to firearms possession in Indianapolis Indiana understand their rights and responsibilities under state and federal law. If you have been charged with illegal possession of firearms it is important that you contact an experienced criminal defense attorney...
