Overview of the Child Gun Laws in Indiana
The firearm laws in Indiana are designed to ensure the safety and security of all residents. Given this, the state takes firearm-related offenses very seriously, and violations involving minors can lead to severe legal consequences. If you or someone you know is facing allegations related to child gun laws in Indiana, it is crucial to understand the gravity of these charges and seek professional legal assistance immediately.
At Keffer Hirschauer LLP, we recognize the complex and high-stakes nature of gun crimes in Indiana. Our team, led by two former deputy prosecutors, has extensive experience in handling firearm-related cases. Our commitment to providing robust legal defense is unwavering, and we are here to help navigate the legal challenges you may face.
If you are confronted with accusations of providing firearms to minors or any other gun-related offense, do not hesitate to contact one of our Indiana gun crimes attorneys at 317-648-9560 or complete our online contact form to schedule a free, confidential consultation. Our expertise and dedication can make a significant difference in the outcome of your case.
Child Gun Laws in Indiana
Generally, the child gun laws in Indiana are outlined in Indiana Code 35-47-10. This chapter of Indiana law covers a variety of criminal offenses related to the topic, including dangerous possession and unlawful transfer; dangerous control of a firearm; and permitting a child to possess a firearm.
As stated in Indiana Code 35-47-10-1, the child gun laws in Indiana apply to children, and to any persons who provide a firearm to a child, if the child is ineligible to purchase or possess a firearm for any reason other than the child’s age; or if the child intends to use a firearm to commit a crime. They do NOT apply to a child who is attending a hunters safety course or a firearms safety course or an adult who is supervising the child during the course; or a child engaging in practice in using a firearm for target shooting at an established range or in an area where the discharge of a firearm is not prohibited or supervised by a qualified firearms instructor or an adult supervisor.
In addition, these laws do not apply to a child engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under Section 501(c)(3) of the Internal Revenue Code that uses firearms as a part of a performance or an adult who is involved in the competition or performance. These laws also do not apply to children who are:
- hunting or trapping under a valid license
- on real property that are under the control of the child’s parent, an adult family member, or legal guardian and have permission to possess a firearm
- at their residence and has the permission of their parent, an adult family member or legal guardian to possess a firearm
Dangerous Possession and Unlawful Transfer of a Firearm
Under Indiana Code 35-47-10-5, a child who knowingly, intentionally, or recklessly possesses a firearm for any purpose other than a purpose described in Indiana Code 35-47-10-1 commits dangerous possession of a firearm, a Class A misdemeanor. This offense can be elevated to a Level 5 felony, however, if the child has a prior conviction under this section or has been adjudicated a delinquent for an act that would be an offense under this section if committed by an adult.
Furthermore, a child who knowingly or intentionally provides a firearm to another child whom the child knows is ineligible for any reason to purchase or otherwise receive from a dealer a firearm or intends to use the firearm to commit a crime commits a Level 5 felony. Likewise, this offense may be elevated to a Level 3 felony if the other child uses the firearm to commit murder.
Dangerous Control of a Firearm in Indiana
Per Indiana Code 35-47-10-6, an adult who knowingly or intentionally provides a firearm to a child whom the adult knows is ineligible for any reason to purchase or otherwise receive from a dealer a firearm; or intends to use the firearm to commit a crime commits dangerous control of a firearm. Generally, this is considered to be a Level 5 felony in Indiana; however, it may be considered a Level 4 felony or Level 3 felony under certain circumstances.
Permitting a Child to Possess a Firearm in Indiana
As clearly outlined in Indiana Code 35-47-10-7, when a child’s parent or legal guardian knowingly, intentionally, or recklessly permits the child to possess a firearm while aware of a substantial risk that the child will use the firearm to commit a felony and failing to make reasonable efforts to prevent the use of a firearm by the child to commit a felony commits dangerous control of a child. In addition, a parent or legal guardian may be charged with dangerous control of a child when they knowingly, intentionally, or recklessly permit a child to possess a firearm while knowing that the child has been convicted of a crime of violence or has been adjudicated as a juvenile for an offense that would constitute a crime of violence if the child were an adult.
At its baseline, dangerous control of a child is considered a Level 5 felony in Indiana, yet the charge may be elevated to a Level 4 felony if the parent or legal guardian has a prior conviction under this section.
Potential Penalties
The potential penalties under the child gun laws in Indiana vary quite significantly, depending on the charges and circumstances. At the lowest level, a criminal offense under these laws is considered a Class A misdemeanor, which is punishable by 0-365 days in prison and fines of up to $5,000. However, many of the offenses in this chapter of Indiana law are felonies. The potential penalties for the various felony levels in Indiana are as follows:
| Level of Offense | Sentencing Range | Advisory Sentence | Fine |
| Level 1 Felony | 20-40 Years | 30 Years | $10,000 |
| Level 2 Felony | 10-30 Years | 17.5 Years | $10,000 |
| Level 3 Felony | 3-16 Years | 9 Years | $10,000 |
| Level 4 Felony | 2-12 Years | 6 Years | $10,000 |
| Level 5 Felony | 1-6 Years | 3 Years | $10,000 |
| Level 6 Felony | 6mo-2.5 Years | 1 Year | $10,000 |
Additional Penalties Under the Child Gun Laws in Indiana
In addition to any criminal penalty imposed for an offense of the child gun laws in Indiana, courts shall order that a person who has committed an offense be incarcerated for five (5) consecutive days in an appropriate facility. These additional five-day terms must be served within two weeks after the date of sentencing.
Collateral Consequences
When a person is convicted under the child gun laws in Indiana, the ramifications extend far beyond immediate legal penalties. These collateral consequences in Indiana can significantly impact various aspects of the offender’s life, both personally and professionally.
Employment Challenges: A conviction related to providing firearms to minors can lead to difficulties in securing and maintaining employment. Many employers conduct background checks, and a criminal record can result in disqualification from job opportunities, especially in fields requiring trust and responsibility, such as education, healthcare, and law enforcement.
Loss of Civil Rights: Individuals convicted of felony offenses may face the loss of certain civil rights. This can include the right to vote, the right to serve on a jury, and the right to purchase firearms. The revocation of these rights can have a profound impact on a person’s civic engagement and personal freedoms.
Educational Barriers: For younger offenders or those seeking to further their education, a criminal record can pose significant barriers. Colleges and universities may deny admission or financial aid to individuals with a history of criminal activity, limiting their educational and career prospects.
Housing Instability: Securing housing can become more challenging with a criminal record. Many landlords conduct background checks, and a conviction for providing firearms to minors can lead to denial of rental applications. This can result in housing instability and difficulty in finding safe, affordable accommodations.
Professional Licensing Issues: Certain professions require licenses that can be revoked or denied due to criminal convictions. This includes careers in law, healthcare, finance, and other regulated industries. Losing the ability to practice in these fields can lead to significant financial and personal hardship. Therefore, it’s highly recommended that licensed professionals facing criminal charges seek the counsel of an Indiana professional license defense attorney. This will ensure that all matters, both criminal and professional, are addressed and their future is protected.
Understanding these collateral consequences underscores the importance of adhering to Indiana’s child gun laws. The far-reaching impacts of providing firearms to minors illegally highlight the need for awareness and compliance to protect not only the safety of children but also the future of the individuals involved.
Facing Charges Under the Child Gun Laws in Indiana?
Facing allegations related to the child gun laws in Indiana is a serious matter that demands immediate attention and professional legal support. The consequences of such charges can be life-altering, affecting your freedom, future, and second amendment rights. If you or a loved one are in this difficult situation, it is imperative to act swiftly and secure the services of a seasoned Indiana gun crime attorney.
At Keffer Hirschauer LLP, we understand the urgency and complexity of gun crime cases. Our team, led by two former deputy prosecutors, is uniquely equipped to provide the aggressive and knowledgeable defense you need. We are committed to protecting your rights and ensuring the best possible outcome for your case.
Do not wait until it is too late. Contact our Indianapolis criminal defense law firm immediately if you are facing charges related to child gun laws or any other firearm-related offenses. Our dedicated Indiana gun crime attorneys are ready to stand by your side and fight for your freedom and future. Reach out to us today at 317-648-9560 or complete our online contact form to schedule a free, confidential consultation and take the first step toward a strong defense.
