Indiana Gun Charge Defense

Know Your Rights & Legal Options

In Indiana, residents have the right to carry firearms, but that right is not unlimited. The law prohibits certain individuals from possessing guns and requires licenses for carrying handguns.

If you are facing gun charges in Indiana, the penalties can be severe—including felony convictions, prison time, and loss of firearm rights. At Vining Legal, we fight to protect your rights and challenge unlawful gun charges. Call (317) 759-3225 for a Free Consultation.

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Common Firearm Charges in Indiana

Indiana has strict gun possession laws that outline who can carry a firearm and under what conditions. Below are some of the most common gun-related offenses:

1. Possession of a Handgun by a Serious Violent Felon (IC 35-47-4-5)

  • A serious violent felon who knowingly or intentionally possesses a firearm commits a Level 4 Felony.

  • "Serious violent felons" include individuals previously convicted of murder, aggravated battery, burglary, and other violent crimes.

  • Penalty: Up to 12 years in prison and $10,000 in fines.

2. Carrying a Handgun Without a License (IC 35-47-2-1)

  • It is a Class A Misdemeanor to carry a handgun without a valid license, unless:
    ✅ The firearm belongs to another person and is on their property with their consent.
    ✅ The firearm is used at a firearms event, range, or instructional course.
    ✅ The firearm is unloaded, secured, and stored properly inside a vehicle.

  • Penalty: Up to 1 year in jail and $5,000 in fines.

3. Possession of a Handgun on School Property (IC 35-47-9-2)

  • It is a Level 6 Felony to carry a firearm on school grounds or a school bus.

  • If a legally owned firearm is left in plain sight inside a vehicle on school property, it is a Class A Misdemeanor.

  • Penalty: Up to 2.5 years in prison and $10,000 in fines.

4. Possession of a Handgun with an Altered or Obliterated Serial Number (IC 35-47-2-18)

  • It is a Level 5 Felony to remove, alter, or destroy a firearm’s serial number or other identifying marks.

  • Simply possessing a firearm with an altered serial number is enough for a conviction.

  • Penalty: Up to 6 years in prison and $10,000 in fines.

5. Illegal Sale or Transfer of a Firearm (IC 35-47-2-7)

  • Selling or transferring a firearm to certain individuals is a Level 5 Felony, including:
    ❌ Anyone under 18 years old
    ❌ A convicted felon
    ❌ A known drug or alcohol abuser
    ❌ A person who is mentally incompetent

  • Penalty: Up to 6 years in prison and $10,000 in fines.

6. Pointing a Firearm at Another Person (IC 35-47-4-3)

  • Pointing a loaded firearm at someone is a Level 6 Felony.

  • If the firearm is unloaded, the charge is a Class A Misdemeanor.

  • Penalty: Up to 2.5 years in prison and $10,000 in fines.

Defending Against Gun Charges in Indiana

Most firearm offenses in Indiana do not require intent—simply possessing a firearm in the wrong place or under the wrong circumstances can lead to charges.

However, strong legal defenses can be used to challenge gun charges, particularly if the firearm was found during an illegal search.

Unlawful Search & Seizure Defenses

Your Fourth Amendment rights protect you from unreasonable searches and seizures. If law enforcement violated your rights, the evidence (including the firearm) may be thrown out.

🔹 Illegal Home Search: Police cannot enter your home without a valid search warrant.
🔹 Illegal Traffic Stop: Police must have reasonable suspicion to pull over your vehicle.
🔹 Unlawful Vehicle Search: Police cannot search your car without your consent or probable cause.

📖 Learn more about evidence suppression in Indiana criminal cases here.

Other Possible Defenses:

✔ You had a valid firearm license
✔ You were on private property where possession was legal
✔ The gun did not belong to you
✔ The firearm was discovered due to an illegal police search

At Vining Legal, we analyze every detail of your case to determine if evidence can be suppressed and whether your charges can be reduced or dismissed.

📞 Call (317) 759-3225 today for a Free Consultation.

Your Defense Starts Here—Take Action Today

Don't let criminal charges define your future. At Vining Legal, we provide expert defense tailored to your unique circumstances. Whether you're facing a minor infraction or a serious charge, we are here to fight for your rights, minimize the impact on your life, and guide you toward the best possible outcome. Time is critical—start building your defense strategy now. Call or text us today at (317) 279-5668 to take the first step toward protecting your future.