Felon in Possession of a Firearm in Indiana: What You Need to Know

A felony conviction carries lasting consequences, including restrictions on firearm possession. In Indiana, felons are generally prohibited from owning or possessing firearms, and violations of these laws can lead to serious legal repercussions. If you or someone you know is facing a charge for unlawful firearm possession, understanding Indiana's laws and potential defenses is critical. This guide provides a detailed overview of firearm possession laws for felons in Indiana, potential penalties, and available legal defenses.

Indiana's Firearm Laws for Felons

Indiana law makes it illegal for felons to possess firearms, with additional restrictions for those classified as "serious violent felons." These laws aim to reduce gun-related crimes and enhance public safety.

State and Federal Firearm Laws

• Indiana Code 35-47-4-5 prohibits individuals with felony convictions from possessing a firearm.

• Federal Law (18 U.S.C. §922(g)) also restricts felons from possessing firearms across state lines.

• In some cases, federal charges can apply alongside state charges, increasing potential penalties.

Who is a "Serious Violent Felon" in Indiana?

Under Indiana Code 35-47-4-5, individuals classified as "serious violent felons" face even harsher restrictions. A serious violent felon (SVF) is someone convicted of a felony offense involving violence or significant harm. Examples include:

• Murder

• Voluntary manslaughter

• Felony battery (Level 5-2 felony)

• Domestic battery (Level 5-2 felony)

• Kidnapping

• Rape

• Child molesting

• Robbery

• Carjacking

• Certain drug-related felonies

If convicted as an SVF, firearm possession carries severe legal consequences, including extended prison time.

Penalties for Unlawful Firearm Possession by a Felon

Possessing a firearm as a felon in Indiana is a Level 4 felony, which carries serious penalties:

• Imprisonment: 2 to 12 years

• Advisory sentence: 6 years

• Fines: Up to $10,000

If aggravating factors are present—such as using a firearm during another crime or prior convictions—penalties can be significantly enhanced.

Defenses to Felon in Possession Charges

Facing a charge of unlawful firearm possession does not automatically lead to a conviction. Several legal defenses may apply, depending on the circumstances.

1. You Are Not a Prohibited Possessor

• The prior felony conviction is invalid or overturned.

• The conviction does not meet the criteria for a "serious violent felony."

• Your civil rights have been restored through a pardon, expungement, or firearm rights restoration (Learn more about expungement and gun rights restoration here).

2. You Did Not Possess the Firearm

• The firearm did not belong to you.

• The prosecution lacks evidence proving possession or control of the firearm.

• You were unaware of the firearm's presence (e.g., it was in a shared vehicle or home).

3. Other Legal Defenses

• Illegal Search and Seizure: Law enforcement violated your constitutional rights by conducting an unlawful search (Read more about evidence suppression here).

• Entrapment: You were coerced or pressured into possessing the firearm by law enforcement.

• Necessity: You possessed the firearm due to an emergency situation where self-defense was necessary.

Each defense strategy requires a strong legal argument, making it essential to consult with an experienced Indiana criminal defense attorney.

What to Do If You're a Felon and Need to Possess a Firearm

While Indiana law restricts firearm possession for felons, some options may be available:

• Restoring Your Gun Rights: In certain cases, individuals can seek restoration of their firearm rights through the expungement process or a gubernatorial pardon.

• Alternative Protection Methods: If self-defense is a concern, consult with an attorney about alternative legal means of protection.

It is critical to speak with an attorney before attempting to purchase or possess a firearm if you have a felony conviction.

Importance of Legal Counsel

Navigating Indiana's firearm laws as a felon is complex, and facing a firearm possession charge can be overwhelming. Hiring an experienced criminal defense attorney can help you:

• Build a strong defense tailored to your situation.

• Challenge weak evidence or improper police procedures.

• Negotiate reduced charges or alternative sentencing options.

If you are facing firearm possession charges, contact an Indiana criminal defense attorney immediately.

Conclusion

Firearm possession laws for felons in Indiana are strict, and violations carry significant consequences. Understanding these laws, your rights, and possible defenses can make a crucial difference in the outcome of your case. If you or a loved one is facing a felon in possession charge, don’t wait—consult with a qualified defense attorney to protect your future.

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