Who is Prohibited Possessing a Gun in Indianapolis?
Indiana has a long history of recognizing the rights and responsibilities of citizens to own and carry firearms. Still, there are state and federal laws that prohibit certain individuals from legally purchasing or possessing guns. It is important to understand what may disqualify you from possessing or owning a firearm in the state, so you avoid any legal issues.
Whether you currently own a firearm, have plans to purchase one, or are interested in restoring your gun rights following a conviction, understanding the restrictions can help you avoid legal charges. Below, our Indianapolis gun crime lawyers explain in further detail.
Felony Convictions
Federal law generally provides the foundation for firearm laws, and the states provide their own interpretations. For example, Indiana has adopted constitutional carry laws, which means individuals do not have to obtain a permit to carry a firearm. Still, regardless of any state law, they cannot override federal law. This means that felons in Indiana are prohibited from carrying a firearm. The Indiana Code, Section 35-47—4-5 mirrors this law.
Serious violent felonies that prohibit someone from possessing a gun include voluntary manslaughter, murder, rape, kidnapping, aggravated battery, and robbery. Individuals who have been convicted of a felony must typically have their firearm rights restored by the court. Purchasing or possessing a firearm without a formal restoration of your rights can result in serious legal penalties, such as additional felony charges.
Domestic Violence Convictions
A conviction for domestic violence can also prohibit someone from owning or carrying a firearm. Both federal and state laws outline this restriction, even for misdemeanor convictions. This restriction can be lifelong unless you petition the court for restoration and show that you are no longer a threat to family members or intimate partners.
Convictions for Drug Offenses and Drug Use
Federal and state law both also prohibit individuals from possessing a firearm if they illegally use controlled substances or have previous convictions for drug offenses. This also applies to individuals with previous misdemeanor convictions. Even a history of illegal substance use in official documents can result in a failed background check when trying to buy a firearm, even if you were never convicted of a criminal offense.
Juvenile Offenses
If you have received a juvenile adjudication for specific offenses, it can temporarily restrict your right to possess a firearm until you legally become an adult. Likewise, if you are currently on parole, probation, or community supervision, you are also prohibited from possessing firearms. Violating this restriction can lead to harsh penalties, such as new criminal charges or revocation of probation.
Our Gun Crime Lawyers in Indianapolis Can Advise You On Your Case
Whether you are thinking about purchasing a gun, or need to restore your gun rights, you likely have many questions. At Rigney Law, LLC, our Indianapolis gun crime lawyers can provide the answers you need, advise you of your rights and responsibilities. Call us now at 317-623-0989 or fill out our online form to schedule a free consultation with one of our experienced attorneys.