Indiana gun laws can seem straightforward at first glance, but many people discover how complex they really are only after facing criminal charges. Misunderstanding the rules regarding the carrying, transporting, or possession of a firearm can quickly lead to legal trouble.
At Eskew Law, our criminal defense lawyers have seen how easily good people make mistakes that result in serious consequences. Firearm charges in Indiana can result in substantial fines, imprisonment, and a permanent criminal record. Our team has helped many clients who never intended to break the law but found themselves in handcuffs after one wrong decision.
So, what are the most common mistakes that can lead to gun charges in Indiana, and how can you protect yourself? Let us guide you through the key missteps that could impact your life and show you how to avoid them.
1. Misunderstanding Indiana’s Permitless Carry Law
In 2022, Indiana enacted a permitless carry law allowing most adults to carry a handgun without a license. However, this law is not as simple as it sounds. Many residents mistakenly believe it gives them unlimited rights to carry a firearm anywhere they choose.
That is not the case. The law still prohibits certain people from possessing or carrying a firearm, including:
- Individuals with felony convictions
- Those with domestic violence convictions or restraining orders
- People under specific mental health adjudications
- Non-citizens without lawful status
Even those legally allowed to carry must still obey restrictions about where they can bring their firearm. Carrying a gun into schools, airports, or government buildings remains illegal.
As one of our attorneys at Eskew Law explains, “The permitless carry law provides broader rights, but it does not remove all restrictions. A misunderstanding of where or how you can carry can still lead to a criminal charge.”
If you are unsure whether you qualify to carry under the new law, it is always safer to speak with a legal professional before carrying a weapon in public.
2. Failing to Properly Store or Transport a Firearm
Another common mistake involves improper transportation or storage of firearms. For example, if a firearm is transported in a vehicle and not unloaded or properly secured, it can result in criminal charges.
Law enforcement may interpret a loaded weapon in the glove box as intent to use it, even if that was never your plan. In Indiana, a gun must generally be unloaded, locked, and stored safely when being transported, especially if minors are present or if the driver does not meet all legal requirements for carrying.
Failing to secure your firearm at home can also lead to charges if a child gains access or if the weapon is used in a crime. These cases often become emotionally charged and can severely impact a person’s reputation and freedom.
3. Loaning or Selling a Firearm Without Following Proper Procedures
Many people think that loaning or selling a gun to a friend or relative is harmless. However, if the recipient is legally prohibited from possessing a firearm, the seller may be charged with a felony.
Federal and state laws require that transfers of firearms comply with specific rules, especially if the transaction involves someone with a criminal history or a restraining order.
Before selling or loaning a firearm, always verify the person’s eligibility under Indiana law. A small favor for a friend could otherwise lead to devastating criminal consequences.
4. Ignoring Federal Firearm Restrictions
While Indiana’s laws can be lenient compared to other states, federal firearm laws are strict and often supersede state laws. For example, even if you are allowed to carry under state law, you could still face federal charges for possessing a firearm if you are a convicted felon, have certain domestic violence convictions, or use controlled substances.
We often hear from clients who ask, “How can I be charged federally if I was following Indiana law?” Unfortunately, compliance with state law does not protect you from federal prosecution.
If you are facing firearm-related charges, it is crucial to work with a firearm charge defense lawyer in Indianapolis who understands both state and federal regulations. Federal cases are prosecuted aggressively and require experienced legal defense.
5. Using a Firearm While Under the Influence
Using or carrying a firearm while under the influence of alcohol or drugs is another frequent cause of arrest. Even if you are in a private setting, mixing guns and alcohol can be treated as reckless behavior under Indiana law.
Police can charge you with a crime if they believe your judgment or coordination was impaired, even if no one was harmed. What seems like a harmless night out could turn into a serious criminal case if you are found in possession of a gun while intoxicated.
Our team at Eskew Law often reminds clients that responsible gun ownership includes making smart choices about when to carry a gun. It is never worth risking your freedom over one bad decision.
6. Failing to Disclose a Firearm to Law Enforcement
When stopped by law enforcement, gun owners sometimes panic and forget to mention that they have a firearm in their possession. While Indiana law does not explicitly require disclosure in every situation, failing to disclose it during a traffic stop can quickly escalate tensions.
Officers may interpret your silence as concealment or deception, which could lead to additional charges. It is generally wise to inform the officer calmly and clearly that you are legally carrying a firearm and to follow their instructions carefully.
As our attorneys often explain, “Transparency during a traffic stop can prevent a misunderstanding that might otherwise result in an arrest.”
7. Possessing a Firearm While Committing Another Offense
Even minor offenses become much more serious when a firearm is involved. For example, being arrested for trespassing, disorderly conduct, or a traffic violation while carrying a firearm can result in enhanced penalties.
In some cases, prosecutors may add firearm enhancement charges, which can significantly increase sentencing. The presence of a weapon, even if not used, often changes how judges and juries view a case.
This is why it is critical to consult with an experienced Indiana gun charges defense attorney as soon as possible if you are accused of a crime involving a firearm. A skilled lawyer can help you understand your options and protect your rights from the start.
8. Forgetting About Past Convictions or Domestic Orders
Many Indiana residents do not realize that certain past legal issues can permanently restrict their right to own or carry a gun. This includes old felony convictions, domestic violence misdemeanors, or restraining orders.
Possession of a firearm under these circumstances is considered serious criminal conduct, even if the prior offense occurred years ago. The law does not require that you knew you were prohibited—it only requires that you were in possession of the weapon.
If you are unsure about your eligibility, it is best to confirm your legal status before purchasing or carrying a gun. Our firm regularly assists individuals in determining whether their record affects their firearm rights.
9. Assuming Self-Defense Always Justifies Gun Use
Indiana’s “Stand Your Ground” and “Castle Doctrine” laws allow people to use reasonable force, including deadly force, in certain self-defense situations. However, these laws are often misunderstood.
If prosecutors believe you acted recklessly or used excessive force, they may still file charges. For example, firing warning shots, shooting at fleeing suspects, or using a gun to intimidate someone can all lead to criminal prosecution.
Self-defense cases are highly complex and often depend on witness testimony, forensic evidence, and legal interpretation. Working with a gun crimes defense attorney in Indianapolis, Indiana, can make all the difference in presenting your case effectively.
10. Delaying Legal Help After an Arrest
One of the most critical mistakes people make is waiting too long to hire an attorney. Firearm cases move quickly, and statements made to police or investigators early in the process can have long-term consequences.
At Eskew Law, we believe that every person deserves a fair defense and a clear understanding of their rights. The sooner you contact a lawyer, the better your chances of reducing or dismissing charges.
Our experienced team investigates every angle, challenges improper procedures, and builds strong defenses tailored to each client’s unique situation.
Protect Your Rights and Your Future
Gun charges in Indiana are serious, but they often arise from honest mistakes. Understanding the law, acting responsibly, and seeking immediate legal help can make all the difference.
If you or someone you love is facing firearm-related charges, contact Eskew Law today. We are ready to defend your rights and help you move forward with confidence.
