When the topic of gun ownership comes up, everyone’s primary concern is safety, whether a gun owner or part of the general public. Indiana, like all other states, use a system of laws and regulations that consider both public safety and gun ownership. However, some state laws overlap or contradict federal law. In these cases, one’s rights can be confusing.
Continue below to learn the basics surrounding Indiana gun laws, and better protect yourself from self-incrimination and accidents.
State Gun Control Laws
As mentioned, the purpose of our state’s gun control laws is to protect the general public, while also honoring civil rights. These laws regulate all sales, registration, and use of firearms, which include a wide array of guns. Under Indiana gun controls laws, certain firearms are illegal, including sawed-off shotguns, silencers, machine guns, and armor-piercing ammunition.
As far as requirements go to be a gun owner, Indiana does not have any laws that impose a waiting period. One does, however, have to meet certain, specific criteria to be approved to purchase a gun. Buyers are required to fill out a detailed survey, as well as a consent form for a background check. Once the data comes back, and a buyer is approved, they can complete the transaction for their new firearm.
When it comes to the criteria used to evaluate a gun buyer’s eligibility, there are come individuals who are automatically ineligible to purchase a firearm in Indiana. Such individuals include convicted felons, known drug or alcohol abusers, those who are mentally incompetent, and those who have been convicted of a crime that involved the inability to safely handle a gun. Minors under the age of 18 without a parent or guardian to sign for them cannot purchase a firearm either.
Federal Gun Control Laws
In addition to Indiana gun control laws, individuals must also adhere to all federal statutes surrounding the purchase and use of firearms. It is important to know these laws since they always trump state law in court in the case that they contradict each other. Although the 2nd Amendment gives United State citizens the right to bear arms, the federal government has the discretion to place certain restrictions on gun procurement and ownership, as supported in the Brady Handgun Violence Prevention Act and the National Firearms Act. See our blog, “What is the Brady Bill and How Does it Relate to Gun Control?” to learn more. Some laws are the same for both state and federal. For instance, you cannot carry or have a firearm on or near school grounds (§ 35-47-9-20).
Gun laws are complex on many levels, which is why it is important to handle a firearm-related criminal charge aggressively. Do this by always taking advantage of your right to hire an attorney. Never waive your right to counsel.
Choose an Indiana Criminal Defense Lawyer Who Will Fight For Your Rights
Call 317-636-7514 to discuss your issues with your current legal representation with David E. Lewis, Attorney at Law. He is an aggressive and experienced Indianapolis criminal defense attorney who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to help you through the process of changing lawyers, and then build you a stronger and more impactful defense against your Indiana criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.