What Is Unlawful Possession of a Firearm in Indiana?

What Is Unlawful Possession of a Firearm in Indiana?

Unlawful possession of a firearm in Indiana occurs when a prohibited person knowingly possesses a gun. Under Indiana Code 35-47-4-5, this includes serious violent felons, domestic batterers, dangerous persons, and unlawful aliens. Penalties range from Class A misdemeanors to Level 4 felonies, with potential imprisonment of up to 12 years.

If you’re facing charges for unlawful possession of a firearm in Indiana, understanding your legal situation is critical. Indiana law prohibits certain individuals from owning, possessing, or even being near firearms. A conviction can result in years of imprisonment and permanently impact your future.

This guide explains who cannot possess firearms under Indiana law, the potential penalties you face, and how an experienced Indiana gun possession defense attorney can help protect your rights.

Who Cannot Possess a Firearm in Indiana?

Despite Indiana’s 2022 constitutional carry law eliminating permit requirements, certain individuals remain prohibited from possessing firearms under state and federal law. Simply put, constitutional carry does not restore gun rights to those already banned from possessing weapons.

Under Indiana Code 35-47-4-5 and related statutes, Indiana law prohibits firearm possession by:

• Serious violent felons (IC 35-47-4-5)
• Domestic batterers (IC 35-47-4-6)
• Persons deemed “dangerous” by court order under Indiana’s red flag law (IC 35-47-4-6.5)
• Unlawful aliens (IC 35-47-4-8)
• Juveniles adjudicated delinquent for violent acts (IC 35-47-4-9)

Additionally, federal law under 18 U.S.C. § 922(g) prohibits firearm possession by anyone convicted of a crime punishable by more than one year imprisonment—meaning any felony conviction, not just violent offenses, triggers the federal prohibition.

What Is a “Serious Violent Felon” Under Indiana Law?

A serious violent felon is someone convicted of specific violent crimes enumerated in Indiana Code 35-47-4-5. The list is extensive and includes offenses many people might not expect.

Qualifying offenses include:

• Murder, voluntary manslaughter, and reckless homicide
• Rape, child molesting, and sexual battery
• Kidnapping, criminal confinement, and robbery
• Carjacking, arson, and burglary (Level 1-4 felony)
• Aggravated battery and domestic battery (Level 2-5 felony)
• Various drug dealing offenses including cocaine, methamphetamine, and Schedule I-V substances

Important: Similar out-of-state convictions also qualify. If you were convicted of an equivalent offense in another jurisdiction, you may still be classified as a serious violent felon in Indiana.

What Are the Penalties for Unlawful Firearm Possession?

The penalties for unlawful firearm possession in Indiana vary based on the specific prohibition you’ve violated. Understanding these consequences helps you appreciate the seriousness of your situation.

Federal exposure: You may also face federal charges under 18 U.S.C. § 922(g). According to the ATF’s prohibited persons guidelines, federal penalties include up to 10 years imprisonment and fines up to $250,000.

How Can You Defend Against These Charges?

An experienced criminal defense attorney may challenge unlawful firearm possession charges through several strategies, depending on the facts of your case.

• Fourth Amendment violations: If police discovered the firearm through an illegal search or traffic stop, the evidence may be suppressed.
• Challenging prior conviction validity: If the underlying conviction was invalid or doesn’t meet the “serious violent felony” criteria, charges may be dismissed.
• Lack of knowledge: If you were unaware the firearm was present (such as in a borrowed vehicle), this may serve as a defense.
• Rights already restored: Prior expungement with proper “proper person” language or gubernatorial pardon may eliminate the prohibition.

Can You Restore Your Gun Rights in Indiana?

For many individuals, restoring firearm rights is possible through Indiana’s expungement process. After the required waiting period (5-10 years depending on offense severity), you may petition for expungement under IC 35-38-9-10(c).

Critical requirement: Your expungement order must specifically restore your civil rights and “proper person” status. Without this language, the Indiana State Police will not approve a handgun license application, and you may still be violating federal law.

For domestic violence convictions: Expungement alone is insufficient. You must wait five years and file a separate petition under IC 35-47-4-7 to restore your firearm rights. Learn more about the expungement process timeline in Indiana.

How Kaushal Law Can Help

Facing charges for unlawful possession of a firearm in Indiana requires immediate legal attention. The consequences are severe, and both state and federal prosecutors aggressively pursue these cases. At Kaushal Law LLC, we understand the complexities of Indiana firearm laws and are committed to protecting your constitutional rights.

Our experienced criminal defense team provides:

• Comprehensive case evaluation: We thoroughly analyze the circumstances of your arrest, evidence collection, and prior conviction history.
• Fourth Amendment defense strategies: We challenge illegal searches and seizures to potentially suppress evidence.
• Prior conviction analysis: We investigate whether your underlying conviction actually qualifies under Indiana’s serious violent felon statute.
• Expungement coordination: For eligible clients, we can pursue expungement to restore your gun rights and clear your record.
• Aggressive trial advocacy: When necessary, we take cases to trial and fight for the best possible outcome.

As a former prosecutor, Attorney Paul Kaushal brings over 8 years of criminal defense experience and understands how both sides approach firearm possession cases. This perspective allows us to anticipate prosecution strategies and build stronger defenses for our clients throughout Indianapolis, Kokomo, Frankfort, and central Indiana.

Don’t face these serious charges alone. Contact Kaushal Law LLC today for a free, confidential consultation. 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 protect your rights and your future.