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Indianapolis Unlawful Handgun Possession Attorney

Passionate and Experienced Indianapolis Criminal Defense Attorney Serving Central Indiana

possession  without licenseIndiana permits residents to purchase firearms for personal possession if they follow certain laws, rules, and regulations regarding the purchase and registration of the guns. In addition, many federal firearms laws circumvent Indiana laws, which is why having a knowledgeable Indianapolis unlawful firearm possession attorney on your side is more important than ever. For example, it is legal for a non-violent felon to possess a handgun under Indiana law. However, it is not legal for that same person to possess a handgun under federal law. Therefore, federal authorities like the FBI are legally permitted to arrest that person and charge them under federal law in U.S. District Court.

If you carry a handgun without first properly registering for a permit, you have violated the law. All firearms must be accounted for in a state database. This ensures that they can be easily identified, traced, and tracked. If you were arrested for unlawful possession, Eskew Law LLC can help you fight the charges by negotiating with the prosecutor for reduced or dismissed charges or arguing your innocence in a court of law. To speak with a talented Indianapolis gun crimes attorney now, call us at (317) 974-0177.

Indiana Gun Laws

The state of Indiana allows the following for handguns:

  • Adult ownership
  • State permit to carry handguns in public
  • Concealed carry
  • Open carry
  • No duty to retreat

However, long guns with rifles face stricter limitations. Only the following are permitted:

  • Adult ownership
  • Open carry
  • No duty to retreat

You do not need to apply for a permit in order to buy a gun. You can keep the gun at your home or at someone else’s house if you have their permission.

If you wish to bring your handgun outside of your home, such as in a public place or even in your car, you must first get a permit to do so. There is one type of state permit to carry in Indiana, and it does not differentiate between concealed and open carry though long guns are prohibited from being concealed. For more information, consult an unlawful firearm possession lawyer in Indianapolis, IN.

To obtain a permit, you must demonstrate you:

  • Have reason to be armed
  • Are a U.S. citizen who is 18 years or older
  • Have good moral character
  • Are fit to be licensed

Carrying a Handgun Without Being Licensed

If you leave your house and have a handgun on your person or in your car without a proper permit, you have committed the offense of carrying a handgun without being licensed, a misdemeanor.

In addition, you may not carry and may receive harsher penalties if you are in possession and:

  • You are a serious violent felon.
  • You have a domestic battery conviction.
  • You are on or near school property or a school bus.
  • You have a prior conviction for this offense.
  • You have been convicted of a felony within the past 15 years.

Carrying without a license is a Class A misdemeanor, facing up to one year in county jail, but can be bumped up to different level felonies if the any of the above factors are present.

Defenses to this law include:

  • You own or lease the property on which you were found (or the owner or lessee gave consent).
  • You own or lease the car in which you were found and the gun was in a secured case, out of reach, and not loaded.
  • You are at a firearms event or place like shooting range.
  • You are receiving firearms services or taking a course.
  • You are legally hunting.

These defenses may not be available for some of the enhanced offenses listed above.

Call to Schedule a Consultation with an Indianapolis Unlawful Firearm Possession Attorney

Eskew Law LLC can fight gun charges like carrying without a license by advocating for your constitutional rights and putting forth a strong defense. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana. To schedule your consultation, call Eskew Law LLC at (317) 974-0177 today to speak with an Indianapolis criminal defense lawyer.