Firearms Lawyer Fighting Gun Charges in Indiana
While the state of Indiana honors its residents’ Second Amendment right to bear arms, it is permitted to place reasonable restrictions on this constitutional right. This includes limiting the possession and use of firearms.
The Indiana General Assembly has codified a variety of gun offenses, such as possession of a firearm by a felon. Most gun charges are felonies that may lead to prison sentences, large fines, and further restrictions. If you believe you were wrongly charged with a gun offense, an Indiana gun crime lawyer at Eskew Law, LLC can assist you with dissecting your case, conducting an independent investigation, and pleading your case to the prosecutor, judge, and jury.
The Indiana gun charge lawyers at Eskew Law, LLC have years of experience providing clients with a unique style of representation. Unlike other law firms that focus on overbilling clients for little work, we put your priorities first.
We develop close relationships with our clients and get to know them personally. This allows us to better understand how to customize representation to fit their goals and best interests. If you were arrested for a gun charge in Indiana, immediately call Eskew Law, LLC to find out how an aggressive Indianapolis firearms attorney can help you defend your case.
Types of Gun Offenses
Title 35 Article 47 of the Indiana Code defines various weapons offenses, including gun crimes. Some of these include:
- Unlawful Possession of a Firearm by a Serious Violent Felon: A serious violent felon is an individual who either committed, attempted to commit, or conspired to commit a serious violent felony such as murder, aggravated battery, or rape. A serious violent felon who intentionally or knowingly possesses a firearm has committed a Level 4 felony.
- Possession of a Firearm after a Domestic Battery Conviction: If you have a conviction for domestic battery, you are not allowed to own a handgun unless your rights have been restored under Indiana Code § 35-47-4-7. Under Indiana Code § 35-47-4-6, possession of a firearm by someone with a domestic battery conviction is a Class A misdemeanor.
- Firearm with an Obliterated Serial Number: An individual who either alters or removes the serial number, make or model of a firearm, or possesses such a weapon has committed a Level 5 felony.
- Possession of a Handgun without a License: In many situations, it is illegal to carry a handgun either on your body or in your car without being licensed to carry. Unlawful possession of an unlicensed handgun is a Class A misdemeanor but can be bumped up to a Level 5 felony if the accused has a prior conviction for the same offense or another felony.
- Pointing a Firearm: A non-police officer who intentionally or knowingly points a firearm at another has committed a Level 6 felony.
- Prohibited Sales or Transfers of a Handgun: Indiana gun laws are not just focused on punishing those who illegally buy guns; they also criminalize the sale or transfer of guns in certain situations. Under Indiana Code § 35-47-2-7, knowingly or intentionally selling, giving away, or transferring the ownership or possession of a handgun can be a crime—but the prosecution must prove that the transferring party knew the person receiving the gun was ineligible to purchase a gun or planned to commit a crime. The prohibited sale or transfer of a firearm is a Level 5 felony, but if the weapon is later used to commit murder, the gradation of the offense increases to a Level 3 felony.
- Prohibited Sale or Transfer of a Machine Gun to a Minor: Indiana law defines a machine gun as “any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger.” It is illegal to transfer possession or ownership of a machine gun to any minor under 18, and doing so is a Level 5 felony. If the person making the transfer has a prior offense under Indiana Code § 35-47-2-7, the offense becomes a Level 4 felony, and the offense turns into a Level 3 felony if the minor uses the gun to commit a murder.
- Straw Purchase of a Handgun: Under Indiana law, it is illegal to purchase a handgun for another person who is ineligible to purchase the weapon for any reason—this act is referred to as a straw purchase. Straw purchases are Level 5 felonies, unless the person receiving the gun uses it to commit murder, in which case a straw purchase becomes a Level 3 felony.
- Criminal Recklessness: Criminal recklessness, defined in Section 35-42-2-2 of the Indiana Code, is a form of battery. It involves knowingly, intentionally, or recklessly using a firearm in a manner that creates a substantial risk of bodily harm to another, such as shooting through someone’s door. Criminal recklessness is a Level 5 felony when the firearm is discharged.
Penalties for Indiana Gun Crimes
- Unlawful Possession of a Firearm by a Serious Violent Felon: 2 to 12 years in state prison, 6 years advised.
- Possession of a Firearm after a Domestic Battery Conviction: Up to 1 year in jail and a fine of up to $5,000.
- Firearm with an Obliterated Serial Number: 1 to 6 years in state prison, 3 years advised.
- Carrying a Handgun without a License: Up to 1 year in county jail.
- Pointing a Firearm: 0.5 to 2.5 years in state prison, 1 year advised.
- Prohibited Sales of Transfers of a Firearm: Between one and six years in jail and a fine of up to $10,000.
- Prohibited Sale or Transfer of a Machine Gun to a Minor: Between one and six years in jail and a fine of up to $10,000.
- Straw Purchase of a Handgun: Between one and six years in jail and a fine of up to $10,000.
- Criminal Recklessness: 1 to 6 years in state prison, 3 years advised.
- In addition, Class A misdemeanors carry a fine of up to $5,000, and felonies carry a fine of up to $10,000.
While a gun conviction puts you at risk of receiving a long jail sentence, a dedicated Indianapolis gun crimes lawyer can help you develop a compelling defense.
Experienced Indianapolis Gun Crimes Attorney Prepared to Assist You
Were you accused of committing a gun crime or unrelated offense using a firearm? No need to type “gun charge lawyers near me” into your search engine; Eskew Law, LLC can help you fight false or unjust charges.
Our attorneys take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana. To speak with the Indiana gun charge attorneys, call Eskew Law, LLC today.
Our criminal defense team also handles other types of cases, including: