Indiana Possession of a Firearm Defense Lawyer
The state of Indiana has several laws in place to respect its residents’ Second Amendment right to own firearms. As such, there are many statutes and rules on the books that govern how to purchase a gun, how to register a gun, and more. However, not everyone has the right to possess a firearm. The U.S. Constitution permits states to reasonably restrict gun ownership if it’s in the best interests of the government or society to do so. In one such instance, the state may limit or completely prohibit the ownership of guns by those with criminal convictions. In Indiana, it is illegal for someone with convictions for serious violent felonies on their record to possess a gun.
If the accused is believed to be in possession but had no knowledge or if the police acted illegally, Eskew Law LLC can help you fight the charges and get your life back on track. Our Indianapolis gun crimes attorneys are passionate about justice and will work diligently to assist you with defending your case. To speak with us now about your possession of a firearm by a felon charge, call us at (317) 974-0177.
Definition of Serious Violent Felon
The state of Indiana prohibits the possession of any firearm by an individual who is classified as a serious violent felon. It doesn’t matter if you purchase the firearm legally, register it, or take courses. You will be barred from owning or possessing any type of firearm because of your status as a serious violent offender. Therefore, if you knowingly or intentionally possess a firearm, you have committed unlawful possession of a firearm by a serious violent felon.
A serious violent felon has convictions for committing, attempting to commit, or conspiring to commit a serious violent felony either in Indiana or another state.
Types of Serious Violent Felonies
Serious violent felonies include:
- Voluntary Manslaughter
- Reckless Homicide (except by vehicle)
- Felony Battery
- Aggravated Battery
- Kidnapping and Criminal Confinement
- Rape and Criminal Deviate Conduct
- Child Molesting
- Felony Sexual Battery
- Felony Arson
- Felony Burglary
- Felony Assisting a Criminal
- Felony Resisting Law Enforcement
- Felony Escape
- Felony Trafficking with an Inmate
- Gang Intimidation
- Felony stalking
- Dealing in Cocaine or a Narcotic
- Dealing in Methamphetamine
- Dealing in a Schedule I-IV Controlled Substance
Penalties and Enhancers
Unlawful possession of a firearm by a serious violent felon is a Level 4 felony, punishable by up to $10,000 in fines and anywhere from 2 to 12 years in state prison with 6 years advised.
In addition, if you are armed while committing another offense such as robbery, you may also be arrested for other charges, like pointing a firearm, criminal recklessness, or robbery with a deadly weapon, all of which are felonies.
The defenses available for your case will vary depending on the facts and circumstances surrounding your arrest, and your Indianapolis criminal defense lawyer will be able to help you determine your best option. Potential defenses include:
- You were convicted in another state, and the offense you were convicted of would not qualify as a serious violent felony in Indiana.
- You were arrested but not convicted of a serious violent felony or your conviction was overturned.
- The alleged firearm does not qualify as a firearm under the law.
- The firearm did not belong to you, and you were unaware of its presence or never had the intent to possess the firearm.
- The firearm was found after an illegal seizure or search.
Renowned Indianapolis Criminal Defense Law Firm Serving Central Indiana
Were you arrested for possessing a firearm because you have a felony record? We will review the facts and your arrest, investigate the charges, gather evidence, negotiate with the prosecutor, and fight for your constitutional rights. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana. To speak with a skilled Indianapolis criminal defense attorney, call Eskew Law LLC at (317) 974-0177 today or contact us online.