Indianapolis Attorneys Restoring Gun Rights
A conviction for domestic violence does more than create a criminal record. Under Indiana law, a domestic violence conviction impairs your right to possess or own a firearm. But the loss of this constitutional right is not necessarily permanent. If your domestic violence conviction was a misdemeanor, you can take steps to restore your gun rights. Even if your domestic violence conviction was a felony, you may be eligible to have your gun rights reinstated by asking the court to reduce the felony to a misdemeanor. Knowledgeable Indianapolis attorneys restoring gun rights can help evaluate your eligibility and assist in applying to have your right to possess and carry a firearm restored.
Indianapolis Attorneys Restoring Gun Rights After Domestic Violence ConvictionThe right to possess a gun is deeply embedded in American history and identity. When a past mistake restricts that right, you need capable help from knowledgeable gun rights lawyers to restore your right to own, possess, or carry a firearm. When your gun rights were impaired by a domestic violence conviction, Indiana gun rights restoration requires delicate and strict compliance with statutory conditions and actions. The steps to restore gun rights in Indiana are best undertaken with the help of an Indiana gun rights attorney who knows exactly what is required to regain your firearm rights and has the legal experience to get that done. If you’re looking for Indianapolis attorneys restoring gun rights, you’ve found them at Keffer Hirschauer LLP. When you work with our Indiana gun license attorneys, you know that the restoration of your gun rights couldn’t be in more capable hands. As experienced criminal defense and gun rights lawyers, our attorneys have a deep understanding of your firearm possession and carry rights and a passion for fighting to preserve those rights whenever possible. Do you need more information on firearm possession, licensure, and punishments? CLICK HERE to download our Free eBook!
Understanding Indiana Gun RightsYour gun rights are conferred by the Second Amendment to the US Constitution and by the Constitution of the State of Indiana. Your rights include the right to purchase, own, possess, and carry a firearm. However, federal and state law can and do place limits on these rights. Some of the limits imposed by federal law include:
- The National Firearms Act
- The Firearms Owners’ Protection Act (regarding machine guns and silencers)
- The Brady Handgun Violence Prevention Act (also known as the Brady Law)
- Indiana Code § 35-47-4-5, which prohibits a “serious violent felon” from having a firearm in possession
- Indiana Code § 35-47-2-7, which prohibits selling or transferring a firearm to someone with a felony conviction
- The Jake Laird Law, Indiana’s red flag law allowing law enforcement to temporarily confiscate firearms from anyone believed to be a danger to self or others
- Indiana Code § 35-47-2-1, which prohibits anyone convicted of domestic battery from carrying or possessing handguns, even at home
- Indiana Code § 35-47-4-6, which makes possession of a firearm by anyone convicted of domestic battery a Class A misdemeanor
How a Domestic Violence Conviction Affects Your Indiana Gun RightsHaving a certain type of criminal conviction or determination can trigger limits on or elimination of your gun rights in Indiana. As noted above, Indiana Code § 35-47-2-1 prohibits anyone with a domestic violence conviction from possessing a firearm. If the conviction is for a felony, you cannot buy a gun because Indiana Code § 35-47-2-7 prohibits anyone from selling or transferring a firearm to someone with a felony conviction for any offense. Further, a conviction for domestic violence can also have other consequences that can affect attempts to lift the restriction. For example, the domestic battery sentence may require you to take part in a batterer’s intervention program under Indiana Code § 33-50-9-1 or an order of protection against you under Indiana Code § 34-26-5-2 or Indiana Code § 34-26-5-9. As Indiana criminal defense attorneys, our Indianapolis gun rights restoration attorneys are well versed in helping clients satisfy criminal sentencing requirements to prevent negative impact on our clients’ gun rights in Indiana.
Restoring Gun Rights in Indiana after a Domestic Violence Conviction: Who is Eligible?Your domestic violence conviction automatically eliminated your right to carry or possess a gun, even on your own property. However, in certain cases, the Indiana gun license attorneys at Keffer Hirschauer LLP can help restore your gun rights in Indiana. Regardless of the type or nature of your domestic battery conviction, you can apply to have your gun rights in Indiana restored only after five years have passed since your conviction. If your conviction was for misdemeanor domestic battery, you may be able to apply to have your gun rights restored under Indiana Code § 35-47-4-7. If your conviction was for felony domestic battery, you will need to take extra steps to become eligible for Indiana gun rights restoration. If your domestic battery conviction was for a Level D or Level 6 felony, you may still apply to have your gun rights restored under Indiana Code § 35-47-4-7 if you can get your felony conviction reduced to a misdemeanor pursuant to Indiana Code § 35-50-2-7(d). Not all prior domestic violence convictions impact your gun rights. Having a prior conviction does not bar or require further action to restore your gun rights if your prior conviction was essentially eliminated by:
- A pardon from the United States President or the Governor of Indiana
- A successful appeal overturning your conviction
How to Restore Gun Rights in Indiana after a Domestic Violence ConvictionThe first step is to file a petition to ask the court to restore your right to possess a firearm. Indianapolis attorneys restoring gun rights file those petitions in the court where the conviction occurred, whether that was in Marion County or elsewhere in the state. The petition must also be served on the prosecutor in the county of your domestic battery conviction to give the prosecutor an opportunity to state an objection, if any. In evaluating your request, the court will review the petition and any objection or other statement provided by the prosecutor and consider factors such as:
- Whether you have been subject to a court order that prohibits you from possessing a firearm, such as a no-contact order, a protective order, or a workplace violence restraining order
- Whether you have successfully completed a substance abuse program if required by court order
- Whether you have successfully completed a parenting class if required by court order
- Whether you still present a threat to the victim in your domestic violence case
- Whether there is any other reason you should not possess a firearm