Kokomo Gun Possession Attorneys

Experienced Legal Representation for Gun Possession Cases in Indiana

Understanding Indiana’s Gun Possession Laws

Indiana’s firearm laws are governed by Title 35, Article 47 of the Indiana Code, which defines various weapons offenses and their penalties. While Indiana generally respects Second Amendment rights, the state maintains reasonable restrictions on firearm possession and use.

Indiana’s Permitless Carry Law

As of July 1, 2022, Indiana allows permitless carry for individuals 18 or older who are not otherwise prohibited from owning a firearm. However, significant restrictions still apply, including:

Possession on school property or within 500 feet of school buildings
Carrying in certain government buildings and courthouses
Restrictions for individuals with specific criminal convictions
Federal firearm disability provisions

Who Cannot Possess Firearms in Kokomo?

Indiana law prohibits certain individuals from possessing firearms, including:

Serious violent felons convicted of murder, rape, robbery, dealing cocaine, or child molesting
Individuals convicted of domestic battery (unless rights have been restored)
Non-citizens illegally or unlawfully in the United States
Persons subject to protective orders or restraining orders
Individuals with certain mental health adjudications

Common Kokomo Gun Possession Charges

Our Indiana gun possession attorneys at Kaushal Law, LLC defend clients against a wide range of firearm-related charges, including:

Unlawful Possession by a Serious Violent Felon

Under Indiana Code Section 35-47-4-5, individuals classified as serious violent felons are prohibited from possessing firearms. This Level 4 felony carries 2 to 12 years in state prison with an advisory sentence of 6 years.

Possession After Domestic Battery Conviction

Indiana Code Section 35-47-4-6 prohibits individuals with domestic battery convictions from possessing handguns unless their rights have been restored. This Class A misdemeanor can result in up to one year in jail and fines up to $5,000.

Carrying Without a License (Pre-Permitless Carry Cases)

For incidents occurring before July 1, 2022, unlawful carrying of a handgun without a license remains a Class A misdemeanor, escalating to a Level 5 felony for repeat offenders.

Possession with Obliterated Serial Number

Altering, removing, or possessing a firearm with an obliterated serial number constitutes a Level 5 felony under Indiana Code Section 35-47-2-18, punishable by 1 to 6 years in prison.

What Are the Penalties for Gun Possession in Kokomo?

Criminal Penalties

Indiana gun possession charges carry varying penalties based on the offense level:

Misdemeanor Penalties:

Class A Misdemeanor: Up to 1 year in jail, fines up to $5,000

Felony Penalties:

Level 6 Felony: 6 months to 2.5 years, advisory sentence 1 year
Level 5 Felony: 1 to 6 years, advisory sentence 3 years
Level 4 Felony: 2 to 12 years, advisory sentence 6 years

Collateral Consequences

Beyond criminal penalties, gun possession convictions can result in:

Permanent loss of firearm rights
Ineligibility for professional licenses
Immigration consequences for non-citizens
Impacts on child custody proceedings
Restrictions on housing and employment opportunities

These consequences can be just as devastating as the criminal penalties themselves. For individuals whose convictions can be addressed through the legal system, our expungement services may help restore rights and clear criminal records.

Defense Strategies for Indiana Gun Possession Cases

Our experienced Kokomo gun possession attorneys employ various defense strategies:

Constitutional Challenges

Fourth Amendment violations (illegal search and seizure)
Second Amendment rights violations
Due process challenges

Factual Defenses

Lack of knowledge of firearm presence
Temporary or transitory possession
Constructive possession challenges
Justification or necessity defenses

Procedural Defenses

Challenging the chain of custody
Suppressing illegally obtained evidence
Statute of limitations arguments

How Can Kokomo Gun Possession Attorneys Help?

At Kaushal Law LLC, we provide comprehensive legal services for firearm-related cases:

Case Investigation and Analysis

Our team conducts thorough investigations, examining police procedures, search and seizure circumstances, chain of custody documentation, and witness statements.

Plea Negotiations

When appropriate, we negotiate with prosecutors to reduce charges, minimize penalties, secure alternative sentencing options, and protect against collateral consequences.

Trial Representation

Our skilled trial attorneys provide aggressive courtroom advocacy, utilizing expert witness testimony, constitutional challenges, evidence suppression motions, and strategic jury selection. Gun possession cases often intersect with other criminal charges, and our experience in OVWI defense and property crimes allows us to address complex multi-charge cases effectively.

Federal vs. State Gun Charges

Gun possession cases often involve both state and federal jurisdiction. Federal charges typically carry more severe penalties and include:

Felon in possession of a firearm (18 U.S.C. Section 922(g))
Possession of firearms in furtherance of drug trafficking
Interstate transportation of stolen firearms
Possession of unregistered firearms or destructive devices

Our attorneys handle both state and federal firearm cases, ensuring comprehensive defense strategies that address all potential charges.

Why Choose Kaushal Law LLC for Gun Possession Defense?

Comprehensive Understanding of Kokomo Firearm Laws

Our attorneys possess in-depth knowledge of Indiana’s complex firearm statutes, recent legislative changes, and federal laws affecting gun possession cases.

Proven Track Record

We have successfully defended numerous clients against gun possession charges, securing dismissals, reductions, and favorable plea agreements.

Statewide Practice

Our team represents clients in Kokomo and throughout Indiana in both state and federal courts, providing consistent high-quality representation regardless of venue. We serve clients in Indianapolis, Kokomo, Frankfort, and surrounding areas with the same level of dedicated advocacy.

Contact Our Indiana Gun Possession Attorneys Today

If you’re facing gun possession charges in Indiana, time is critical. Early intervention by experienced criminal defense attorneys can significantly impact the outcome of your case. Our team is available 24/7 to provide immediate assistance and begin building your defense.

Don’t face the legal system alone. Contact Kaushal Law LLC today for a confidential consultation with our Indiana gun possession attorneys. We’ll evaluate your case, explain your options, and develop a strategic defense plan tailored to your specific situation.

Call us now or contact us online to schedule your free consultation. We proudly defend clients throughout Kokomo in all types of firearm-related cases.

The information provided on this website is for general informational purposes only and should not be considered legal advice. Every case is unique, and the outcome of any case depends on the specific facts and circumstances involved. Past results do not guarantee future outcomes. If you need legal advice, please consult with a qualified attorney who can evaluate your specific situation.

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Most Asked Topics

What Indiana Cities Can We Handle Your Gun Possession Case?

Can I Be Charged With Gun Possession if the Firearm Wasn’t Mine?

Yes, you can be charged with constructive possession if you had knowledge of the firearm’s presence and the ability to control it. Our attorneys can challenge constructive possession claims and evaluate defenses based on your specific circumstances.

What Should I Do Immediately After Being Arrested for Gun Possession?

Exercise your right to remain silent, do not consent to searches, and contact an experienced Indiana gun possession attorney immediately. Early intervention can significantly impact the outcome of your case.

How Long Do I Have to Wait to Restore My Gun Rights After a Domestic Battery Conviction?

Indiana Code Section 35-47-4-7 provides a mechanism to restore firearm rights five years after a domestic battery conviction, considering factors such as absence of subsequent protective orders, no additional criminal activity, and demonstrated rehabilitation. The process involves petitioning the court that issued the original conviction.

What Happens if I’m Caught With a Gun With an Obliterated Serial Number?

Possessing a firearm with an altered, removed, or obliterated serial number is a Level 5 felony under Indiana Code Section 35-47-2-18, punishable by 1 to 6 years in prison and substantial fines.

Can I Carry a Gun in My Car Without a Permit in Indiana?

Under Indiana’s permitless carry law, individuals 18 or older who are not prohibited from owning firearms can carry in their vehicles without a permit. However, federal and state prohibitions still apply to certain individuals and locations.

What’s the Difference Between State and Federal Gun Possession Charges?

State charges are prosecuted under Indiana law with penalties ranging from misdemeanors to felonies. Federal charges typically carry more severe penalties and include felon in possession (18 U.S.C. Section 922(g)), drug trafficking with firearms, and interstate transportation of stolen firearms. Federal cases are handled by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and prosecuted in federal court.

How Does Indiana’s Permitless Carry Law Affect Existing Gun Possession Charges?

The permitless carry law removed licensing requirements for many individuals but does not eliminate all gun possession charges. Federal prohibitions, restrictions on prohibited persons, and location-based restrictions remain in effect.

What is Indiana’s Permitless Carry Law?

As of July 1, 2022, Indiana allows permitless carry for individuals 18 or older who are not otherwise prohibited from owning a firearm. However, restrictions still apply for school property, government buildings, and prohibited persons under state and federal law.

Can I Be Charged With Gun Possession if I Didn’t Know I Was Breaking the Law?

Ignorance of the law typically does not constitute a valid defense to gun possession charges. However, our attorneys can evaluate specific circumstances to determine potential defenses, including lack of knowledge of the firearm’s presence or temporary possession claims.

What Should I Do if Police Want to Search My Vehicle for Weapons?

You have the right to refuse consent to searches unless police have a warrant or probable cause. Politely decline the search request, exercise your right to remain silent, and immediately contact our Indiana gun possession attorneys.

Can a Felon Ever Legally Possess a Gun in Indiana?

Generally, convicted felons are permanently prohibited from possessing firearms under both state and federal law. However, some individuals may be eligible for rights restoration through federal processes or state-specific procedures for certain domestic battery convictions after five years.

What Are the Penalties for Unlawful Gun Possession in Indiana?

Penalties vary by offense level: Class A misdemeanors carry up to 1 year in jail and $5,000 fines. Felony charges range from Level 6 (6 months to 2.5 years) to Level 4 (2 to 12 years in prison), with additional collateral consequences including permanent loss of firearm rights. The Indiana Criminal Code provides specific sentencing guidelines for each level of offense.

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Kokomo Gun Possession