Indiana Gun Crimes Attorney

Indiana Gun Crime Penalties

The consequences of conviction on Indiana gun charges can include incarceration, fines, and more. A conviction can even result in a lifelong ban on possessing or using a firearm. And for some, the conviction can take away your livelihood. Anyone convicted of an Indiana gun crime also suffers collateral consequences:

• Requirement to report your felony conviction on employment applications if asked
• Eligibility to live in subsidized housing
• Effect on child custody or modification matters
• Effect on immigration matters
• Eligibility to own, possess, or carry a firearm

Whether a conviction for an Indiana gun crime is a misdemeanor or a felony depends on the offense. The sentence following conviction for a misdemeanor can include:

• Up to one year in jail
• Up to $5,000 in fines
• Possible probation for up to one year for any time not spent in jail

The sentence for a felony conviction is greater, with the minimum sentence for a Level 6 felony of 6 months but an advisory sentence of one year and a fine up to $10,000. The higher the felony level, the higher the potential sentence.

Examples of sentencing ranges for some firearms offenses in Indiana include:

• Carrying a handgun without a license is a Class A misdemeanor, with a maximum penalty of one year in jail and a $5,000 fine, but the violation can be elevated to a Level 5 felony, with one to six years’ confinement and a fine of up to $10,000 in circumstances like these:
  • Carrying the firearm on or within 500 feet of school property or on a school bus
  • Having a prior unlicensed carry conviction or a conviction of any felony within the past 15 years
• Possession of a weapon with an obliterated or defaced serial number is also a Level 5 felony,
• Possession of a machine gun in Indiana is a Level 5 felony
• Operating a machine gun is a Level 4 felony, carrying a sentence of two to 12 years’ confinement and a fine of up to $10,000
• Possession of a firearm by a serious violent felon is a Level 4 felony, with an advisory sentence of six years

Do you need more information on firearm possession, licensure, and punishments? Download our Free Indiana Firearms eBook!

The use of a firearm in a non-firearm-related offense can also elevate or enhance the sentence for the separate offense. Under Indiana Code § 35-50-2-11, the court can add five to 20 years to your sentence if the State proves you pointed a firearm at a law enforcement officer or that you have a prior conviction for any of the following offenses:

• A felony resulting in serious bodily injury or death
• Kidnapping
• Criminal confinement as a Level 2 or a Level 3 felony

Given the seriousness of the consequences for a firearms offense in Indiana, consulting with an experienced Indiana gun crimes attorney at Keffer Hirschauer LLP is paramount.

Strategies and Defenses from an Indiana Gun Crimes Attorney

The Indiana gun crimes attorneys at Keffer Hirschauer LLP have experience in prosecutors’ offices around the state, giving them intimate knowledge of how the State approaches the laws and regulations for handguns and how the prosecution approaches these cases. They can help you in defending firearms charges from the beginning of an investigation through trial, plea bargaining, and appeal. Because the penalties and other consequences of gun crime convictions are strict, it is vital to contact an attorney as early as possible. If you are being questioned by police, know and assert your right to consult with an attorney before answering any questions.

In addition to defending persons charged with licensing and possession violations, Keffer Hirschauer LLP also provides information and assistance with acquiring a gun license and license appeals.

And Indiana law provides a procedure by which persons who have lost their right to possess weapons because of a domestic battery offense may seek restoration of those rights after five years have passed. In such cases, the court will consider the listed statutory factors, some of which include whether the person has been the subject of a protective order or restraining order, whether the person is still a threat to the victim, and whether the person has committed subsequent crimes. The attorneys at Keffer Hirschauer LLP provide counsel and strategy in seeking restoration of gun rights.

Local Governments Have Limited Regulatory Authority

Under Indiana Code § 35-47-11.1-1 et seq., the Indiana General Assembly has enacted preemption laws, limiting local governments’ authority to regulate weapons and ammunition possession and use. With limited exceptions, local governments cannot regulate firearms or ammunition:

• Ownership
• Possession
• Carrying
• Registration
• Transfer
• Storage
• Transportation
• Sales or taxation

Although local governments may not broadly regulate weapons or ammunition, they may do so in limited circumstances, such as these:

• Enact ordinances on zoning or business uses that apply equally to firearms businesses as to other businesses
• Bar the carrying of handguns into courtrooms
• Prohibit or restrict the carrying of handguns into county hospitals
• Prohibit or restrict the carrying of handguns into buildings owned by the local government that use metal detectors staffed by at least one law enforcement officer to inspect people and bags

If you’ve been accused of violating a local ordinance or regulation regarding weapons or ammunition, an Indiana gun crimes attorney from Keffer Hirschauer LLP can help you determine whether the ordinance is invalid under the state’s preemption laws.

Contact a Keffer Hirschauer Indiana Gun Crimes Attorney Today

An experienced Indiana gun crimes attorney from Keffer Hirschauer LLP can provide insights, answers, and a rigorous defense to anyone Indiana and federal firearms charges. If you are being investigated or have been arrested on gun charges, you need a lawyer who understands the criminal process and the high stakes involved with gun charges, like the former prosecutors at Keffer Hirschauer LLP.