When Is It Unlawful to Have a Gun?
Indiana state laws allow for the broad ownership and carry of guns or firearms. In general, as a permitless carry state, any person who is aged 18 or older in Indianapolis has a “permitless carry option.” This has been true since July 1, 2022. However, just because Indiana is a permitless carry state does not mean that every individual can lawfully possess a gun, or that it is lawful to possess a gun in all types of places. To be clear, Indiana does restrict the ownership or possession of a firearm for certain people, and the state also prohibits the possession of a firearm in certain locations. Our Indianapolis gun crime defense attorneys can explain these laws to you in more detail, and we can speak with you today if you need to understand your gun possession rights or if you are facing charges for the unlawful possession of a firearm.
Certain People Are Prohibited from Possession a Firearm in Indiana
Under IC 35-47-2-1.5, certain individuals are prohibited from knowingly or intentionally carrying a handgun. Anyone under 18 is prohibited from having a gun, as is anyone under the age of 23 who was adjudicated as a delinquent child under IC 35-47-4-5. In addition, the following individuals cannot carry a handgun:
- A person convicted of a federal or state offense punishable by a term of imprisonment exceeding one year;
- A fugitive from justice;
- An alien (meaning a person who is not lawfully in the United States);
- A person convicted of domestic violence under IC 35-31.5-2-78;
- A person convicted of domestic battery under IC 35-42-2-1.3;
- A person convicted of criminal stalking under IC 35-45-10-5;
- A person restrained by an under of protection under IC 34-26-5;
- A person under indictment;
- A person who has been adjudicated “dangerous” under IC 35-47-14-6;
- A person who has been adjudicated a “mental defective” (meaning that a court has determined the person presents a danger to themselves or others, or that the person lacks mental capacity);
- A person who has been committed to a mental institution;
- A person dishonorably discharged from military service or the National Guard; and
- A person who renounces their US citizenship.
Places Where Possession of a Firearm is Prohibited
Even if you are lawfully permitted to own, possess, and carry a gun in Indiana, there are certain places where the possession or carry of a firearm is prohibited. Those locations include the following:
- Airport;
- Riverboat gambling;
- Fairground during the state fair;
- On a port; or
- In certain childcare institutions.
Contact an Indianapolis Gun Crime Defense Attorney for Assistance with Your Case
If you are facing criminal charges for gun possession, it is critical to seek legal advice about building a strong defense. Depending on the specific charge you are facing, you could be looking at penalties for a misdemeanor or felony offense. Whether you are accused of unlawful possession of a gun in a particular area or because you are prohibited from possession of a firearm as a result of a previous conviction, one of the experienced Indianapolis gun crime defense lawyers at Rigney Law LLC can begin working with you on a defense strategy. Contact our firm today to learn more about how we can assist you.
Sources:
law.justia.com/codes/indiana/title-35/article-47/chapter-2/section-35-47-2-1-5/
law.justia.com/codes/indiana/title-35/article-47/chapter-6/
law.justia.com/codes/indiana/title-35/article-47/chapter-4/section-35-47-4-5/