Indianapolis Gun Lawyer

• 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 more than one shot automatically, 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

While a gun conviction puts you at risk of receiving a long jail sentence, a dedicated gun crimes lawyer can help you develop a compelling defense. Penalties you may be at risk for include:

• 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.

If you were arrested for a gun charge in Indiana, immediately call Eskew Law to find out how an aggressive Indianapolis firearms attorney can help you defend your case.