POSSESSION OF A HANDGUN BY A SERIOUS VIOLENT FELON

Any serious violent felon who knowingly or intentionally possesses a firearm commits a Level 4 Felony.  I.C. 35-47-4-5  lays out what crimes would qualify a person as a serious violent felon and include crime such as murder, voluntary manslaughter, aggravated battery, burglary, and more.  The statute that defines serious violent felon can be read here.

CARRYING A HANDGUN WITHOUT A LICENSE

It is a class A Misdemeanor to carry or possess a handgun without a licensee on your person or in a vehicle unless: the gun is owned, leased, rented, or controlled by another person;  the gun is on the property of another person and you possess it with their consent, the property is being used for a firearms related event and/or the person carrying the gun is on the property to receive instruction on using the firearm; The gun is in that person’s vehicle (or that of another with consent), but is unloaded, not easily accessible, and secured in a case;  the gun is being possessed at a shooting range, instructional course, or while hunting.

POSSESSION OF A HANDGUN ON SCHOOL PROPERTY

A person who possesses a handgun illegally on school grounds or on a school bus commits a Level 6 Felony.  A person who is permitted to legally possess a firearm and who knowingly, intentionally, or recklessly leaves the firearm in plain view in a motor vehicle that is parked in a school parking lot commits a Class A misdemeanor

POSSESSION OF A HANDGUN WITH AN ALTERED OR OBLITERATED NUMBER

A person who attempts to “change, alter, remove, or obliterate the name of the maker, model, manufacturer’s serial number, or other mark of identification,” or knowingly possesses a gun that such identifiers have been altered, commits a Level 5 Felony.

PROHIBITED SALES OF FIREARMS

Indiana Law restricts the sale of firearms and it can be a level 5 felony to transfer ownership of a handgun or assault weapon to: (1) any person under eighteen (18), (2) a person the seller reasonably believes is a convicted felon, drug and/or alcohol abuser, and/or (3) someone they reasonably should know is mentally incompetent.

POINTING A FIREARM AT ANOTHER PERSON

Anyone who knowingly or intentionally points loaded firearm at another person commits a Level 6 Felony. If the gun is unloaded, the crime is lowered to a Class A Misdemeanor.

Defending Indiana Gun Charges

For the most part, gun charges to not require that the state prove an element of intent, meaning that mere possession of a firearm can be enough for the state to bring charges against you.  There are ways to defend against these charges that often revolve around the suppression of illegally obtained evidence.  Your attorney will need to review your case and the reasons for any search that resulted in finding a firearm to determine whether or not your constitutional rights were  violated.

Some examples of illegal searches include:

• entering your home without a search warrant;

• pulling your vehicle over without a belief you are doing something illegal; and

• searching your vehicle without your consent or reasonable belief you are hiding something illegal.

At Vining Legal we are experienced in finding and litigating evidence suppression issues and can help you review any gun or firearm case you may be facing.  Please give us a call today at (317) 759-3225 for a free consultation.