Indiana Attorney For Possession of a Firearm with an Obliterated Serial Number
When you are purchasing a firearm, it is vital that you remain vigilant and fully inspect the firearm before completing the sale. If the gun has a missing serial number, you could be arrested for possession of a handgun with obliterated identification marks, a felony. In addition, it is illegal to remove or otherwise alter these marks. This is a serious offense that includes significant periods of incarceration, large fines, a restriction of your rights and liberty, and long-reaching consequences such as difficulty finding employment.
Eskew Law LLC has worked with countless clients over the past decade on helping them reduce charges or avoid convictions altogether. To discuss how we can help you fight your unfair gun charges, call our Indianapolis gun crimes attorneys now at (317) 974-0177.
Types of Firearms
Firearms come in many different sizes, shapes, and uses, made by a multitude of manufacturers worldwide. Firearms are grouped by configuration and function.
- Long guns: Long guns have longer barrels, usually between 10 and 30 inches, and are fairly heavy. They are held with two hands, usually rested against a shoulder.
- Rifles: Rifles are long but sleek firearms that are designed to shoot one bullet a long distance.
- Shot guns: Shot guns are long but with shorter, wider barrels than rifles and are designed to shoot multiple rounds at once or in succession.
- Carbines: Similar to rifles, except they have shorter barrels.
- Hand guns: Hand guns are small, handheld firearms with short barrels, usually only a few inches long.
- Pistols: A single-shot pistol holds only one round.
- Revolvers: A revolver is characterized by its revolving cylinder of bullet chambers.
- Semi-automatic pistols: A semi-automatic has a chamber that holds multiple rounds and can fire shots in quick succession.
- Manual: Guns such as single-shot pistols that must be reloaded by hand after each round.
- Semi-automatic: Guns that hold multiple bullets in one chamber and can fire successive shots until the chamber is depleted.
- Automatic: Guns that fire multiple rounds continuously while the trigger is depressed.
- Machine guns: Similar to an automatic, except the bullets are fired faster. In addition, machine guns have much larger drums or hanging belts of bullets.
Obliteration of Identification Marks
All firearms contain a make, model, and serial number engraved on the gun. This allows the gun to easily be identified and for ownership to quickly be traced. In Indiana, alteration or removal of this information is a crime and if you have been charged, you may wish to speak with a talented Indianapolis criminal defense lawyer to learn your legal options. Obliteration includes:
- Scratching off or making illegible
Obliteration of identifying marks can be done by filing off the marks or engraving changes.
It is illegal to change or remove the marks. It is also illegal to possess a handgun with changed or removed marks. Section 35-47-2-18 of the Indiana Code defines obliteration or possession of such a gun and only prohibits these activities for handguns. The obliteration or possession must be done knowingly or intentionally.
Obliteration or possession of an obliterated gun is a Level 5 felony. Level 5 felonies are punishable by a minimum of 1 year and a maximum of 6 years in state prison, with an advised sentence of 3 years. In addition, an offender may be fined up to $10,000.
Capable and Competent Indianapolis Criminal Defense Team Eager to Tackle Your Gun Case
Eskew Law LLC can help you fight unjust accusations that you either obliterated identifying marks or possessed a gun with an obliterated serial number. 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 or contact us online.