The right to keep and bear arms may be a constitutional right, but that right is not absolute. The United States Supreme Court has recognized the right of states like Indiana to limit who can legally possess a firearm. Violating these gun possession laws can place you in serious legal jeopardy of jail time, a prison sentence, and significant fines.
Kaushal Law is prepared to work aggressively when you face any illegal gun possession charge. Whether it is alleged that you did not have a legal right to possess a firearm or that you possessed a gun without the appropriate licensure, trust Kaushal Law to have your back and to dedicate ourselves to protecting your rights.
Types of Illegal Gun Possession Charges in Indiana
Indiana’s criminal code does not have a single statute criminalizing illegal gun possession. Instead, you could violate several different criminal laws with a firearm, depending on the circumstances of your case. These include:
Carrying a Handgun Without Being Licensed
Indiana Code Section 35-47-2-1 prohibits carrying a handgun in public unless you are appropriately licensed. It is immaterial if you openly carry the handgun or conceal it on your person. You can be charged and convicted of a Class A misdemeanor in either situation.
If you unlawfully possess a handgun on or around school property, the offense becomes a Level 5 felony.
Possessing a Firearm While Ineligible
Certain criminal convictions will make you ineligible to own or possess firearms. The offenses that trigger this prohibition include violent felonies such as murder, rape, manslaughter, and kidnapping, amongst others. The list of disqualifying offenses also includes domestic battery.
Possessing a firearm when prohibited due to a domestic battery conviction is a Class A misdemeanor. Doing so when prohibited because of a previous felony conviction is a Level 4 felony.
Providing False Information or Giving a False Identity
If you know you are prohibited from legally owning a firearm, you may try to obtain a handgun license by falsifying information or claiming another’s identity. This is a Level 5 felony offense, which can be punished by up to six years in prison. This would be in addition to any other firearm offense you may commit, such as possessing a handgun without a valid license.
Preserving Your Right to Own and Possess a Firearm
Being convicted of a gun possession charge in Indiana can make the process of having your gun rights restored under state and federal law. Any offense that alleges illegal use or possession of a firearm deserves the attention of a Marion County defense attorney. Your Indianapolis gun possession lawyer will carefully examine the details of your case and what led to your charges and advise you on the most appropriate way to defend yourself against these charges.
With Kaushal Law on your side, you can be confident knowing your defense lawyer has experience prosecuting criminal conduct. Our attorney knows what evidence and tactics the prosecution will use to gain a conviction and has the ingenuity to counter these efforts.
Your gun possession charges stem from unique circumstances. Your defense should likewise be unique and personalized. Kaushal Law will provide you with an effective, vigorous, and personal defense from gun possession charges.
Areas We Serve
Attorney Paul Kaushal is dedicated to representing clients in central Indiana. Our approach to representing clients in Indiana personal injury cases is characterized by a combination of legal expertise, compassion, and dedication to pursuing justice.