Federal law generally prohibits the possession of firearms and ammunition by persons who have been found by a court, board, commission, or other legal authority to be mentally ill or incompetent. In Indiana, the laws regarding firearms are more relaxed than in other states, but it is still possible for an offender who is in possession of a firearm to be charged with “illegal possession of a firearm”. For example, it is illegal for anyone considered a “serious violent offender” or “dangerous person” to purchase or own a firearm. It is also illegal for people convicted of domestic violence to own or purchase a firearm. However, most people affected by these laws can regain their firearm rights thanks to Indiana's firearm criminal record removal laws.
Indiana is one of the most favorable states for gun owners, but there are still rules and regulations that gun owners must follow. Failure to comply with the rules can result in criminal charges, including jail time and fines. An inappropriate person is someone who has restricted rights to carry a gun in Indiana, usually because of previous behavior or mental illness. The possession of a firearm by a mentally ill person is regulated by state and federal laws. A person is considered mentally ill if they have been found by a court, board, commission, or other legal authority that, as a result of markedly subnormal intelligence, mental illness, incompetence, condition, or illness, represents a danger to itself or to others or lacks the mental capacity to manage or manage its own affairs.
This includes people who have been found insane, innocent due to illness or mental defect, declared mentally incompetent to be tried, or found innocent due to lack of mental responsibility by a court in a criminal case, including state, federal and military courts. It also includes people who have been inadvertently admitted by a court for treatment as an inpatient at the Department of Mental Health or a Veterans Administration hospital after a hearing. Under 18 U. S. C.
A., it is illegal for any person who has ever been admitted for a mental disorder to a hospital, psychiatric institution or sanatorium to possess any kind of firearm unless they can prove that they are no longer prohibited from possessing a firearm by possessing a certificate from a doctor or psychiatrist licensed in Delaware that the person is no longer suffering from an interfering mental disorder or harms the person by manipulating deadly weapons. Additionally, it is illegal for anyone who has been declared mentally defective or has been placed in a psychiatric institution by a court and as a result state or federal law prohibits them from buying a firearm. In Indiana, any person who has been hospitalized as an inpatient in a psychiatric hospital or alcohol or drug treatment center within the five years immediately preceding the request; anyone who has been declared mentally incompetent to stand trial; or anyone who has pleaded not guilty due to dementia at the time of the crime are prohibited from possessing firearms. Additionally, anyone who is undergoing treatment or counseling for addiction, abuse, or dependence on any dangerous drug; anyone who has been acquitted of a crime for mental illness; anyone who has been diagnosed with major behavioral, emotional, or mental disorder as defined by the most recent diagnostic manual of the American Psychiatric Association; and anyone who has been committed voluntarily or involuntarily to any hospital or institution within the past five years are prohibited from possessing firearms. In order to regain their right to possess firearms in Indiana, an individual must provide medical documentation that they are no longer negatively affected by the condition that resulted in their sentence or commitment and are not likely to act in a manner that is dangerous to public safety. Additionally, they must not have been placed in a psychiatric institution under Chapter 394 or similar laws in any other state; have not been declared chronic alcoholic by any court within the past five years; and have not been acquitted of any criminal charges for dementia within the past five years. It is illegal for anyone who falls into one of these categories to possess firearms in Indiana.
It is also illegal for anyone to sell or give any firearm to someone who falls into one of these categories. However, individuals can apply to the court (if their sentence was handed down by a court) or corrections department (if their determination was made by a psychiatrist employed by the department) to determine if they are prohibited from possessing firearms because they are not considered suitable according to IC 35-47-1-7 (1).
