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What Counts as “Illegally Carrying” a Firearm in Indiana?<\/h2>\n\n\n\n
Before examining the penalties, it’s worth clarifying what the law actually prohibits.<\/p>\n\n\n\n
What Constitutes a Firearm?<\/h3>\n\n\n\n
Under Indiana Code \u00a7 35-47-1-5, a “firearm” is broadly defined as any weapon capable of expelling\u2014or designed to expel\u2014a projectile by means of an explosion, deflagration, or rapid combustion. This includes handguns, rifles, and shotguns, but does not cover spring-operated or similar non-explosive devices.<\/p>\n\n\n\n
Permit Requirements in Indiana<\/h3>\n\n\n\n
As of July 1, 2022, Indiana no longer requires a handgun permit for most residents to legally carry, conceal, or transport a handgun within the state. This applies to individuals who are legally permitted to possess a firearm in the first place. If you fall into a prohibited category, however, the permitless carry law does not protect you.<\/p>\n\n\n\n
Prohibited Persons and Places<\/h3>\n\n\n\n
Under Indiana Code \u00a7 35-47-2-1.5, several categories of people cannot legally carry a handgun, regardless of permit status. These include:<\/p>\n\n\n\n
- \n
- Anyone convicted of a felony or a crime punishable by imprisonment exceeding one year<\/li>\n\n\n\n
- Fugitives from justice<\/li>\n\n\n\n
- Persons convicted of domestic violence offenses, domestic battery, or criminal stalking<\/li>\n\n\n\n
- Individuals subject to a protective order<\/a><\/strong><\/li>\n\n\n\n
- Anyone adjudicated as mentally defective or committed to a mental institution<\/li>\n\n\n\n
- Persons dishonorably discharged from the military<\/li>\n\n\n\n
- Anyone under 18 years of age (or under 23 with certain juvenile adjudications)<\/li>\n<\/ul>\n\n\n\n
Additionally, certain locations\u2014such as school property and school buses\u2014carry their own restrictions regardless of permit status.<\/p>\n\n\n\n
Felony Charges for Unlawful Firearm Possession<\/strong><\/h2>\n\n\n\n
Firearm violations in Indiana can quickly escalate into felony territory. Here’s what each charge looks like.<\/p>\n\n\n\n
Level 5 Felony: Key Elements and Penalties<\/h3>\n\n\n\n
A prohibited person who carries a handgun commits a Class A misdemeanor as the base offense. That charge elevates to a Level 5 Felony under Indiana Code \u00a7 35-47-2-1.5(e) if:<\/p>\n\n\n\n
- \n
- The person carries on or in school property, within 500 feet of school property, or on a school bus<\/li>\n\n\n\n
- The person has a prior conviction for the same offense<\/li>\n\n\n\n
- The person has been convicted of any felony within the past 15 years<\/li>\n<\/ul>\n\n\n\n
A Level 5 Felony conviction in Indiana carries a sentence of 1 to 6 years in the Indiana Department of Correction and a fine of up to $10,000.<\/p>\n\n\n\n
Level 6 Felony: Scenarios and Consequences<\/h3>\n\n\n\n
A Level 6 Felony applies in specific circumstances\u2014most notably when any person (even someone not otherwise prohibited) knowingly or intentionally possesses a firearm on school property or a school bus, per Indiana Code \u00a7 35-47-9-2.<\/p>\n\n\n\n
A Level 6 Felony carries 6 months to 2.5 years in county jail and a fine of up to $10,000. One important distinction: unlike higher-level felonies, a Level 6 conviction may be reduced to a misdemeanor after successfully completing the sentence and maintaining a clean record for three years.<\/p>\n\n\n\n
Misdemeanor Charges: Class A Misdemeanor<\/strong><\/h2>\n\n\n\n
What It Means<\/h3>\n\n\n\n
The base charge for a prohibited person found carrying a handgun is a Class A Misdemeanor\u2014the most serious misdemeanor category in Indiana. This carries:<\/p>\n\n\n\n
- \n
- Up to 1 year in jail<\/li>\n\n\n\n
- A fine of up to $5,000<\/li>\n<\/ul>\n\n\n\n
While a misdemeanor sounds less alarming than a felony, a Class A conviction still appears on your criminal record and can have lasting consequences.<\/p>\n\n\n\n
Exceptions and Defenses<\/h3>\n\n\n\n
Indiana law does recognize several exceptions. For example, leaving a firearm in a locked vehicle parked in a school parking lot\u2014where it’s stored out of plain view\u2014may serve as a defense under certain circumstances. Similarly, carrying at a shooting range, during lawful hunting, or while attending a firearms instructional course may fall outside the scope of prohibited conduct.<\/p>\n\n\n\n
Aggravating Factors and Enhanced Penalties<\/strong><\/h2>\n\n\n\n
Certain factors can significantly increase the severity of the charge.<\/p>\n\n\n\n
Prior Convictions<\/h3>\n\n\n\n
A prior conviction for unlawful carrying or any felony conviction within the past 15 years will almost certainly push a charge from a misdemeanor to a Level 5 Felony. Repeat offenses<\/a><\/strong> are treated harshly under Indiana law.<\/p>\n\n\n\n
Carrying in Restricted Areas<\/h3>\n\n\n\n
Firearms near schools receive particularly serious treatment. Even being within 500 feet of school property while carrying illegally can trigger the Level 5 Felony threshold.<\/p>\n\n\n\n
Commission of Other Crimes<\/h3>\n\n\n\n
Being caught with a firearm while committing another offense\u2014robbery, assault, or drug trafficking, for example\u2014invites additional charges that compound the original firearm violation. Prosecutors routinely stack charges in these scenarios.<\/p>\n\n\n\n
The Legal Process: From Arrest to Resolution<\/strong><\/h2>\n\n\n\n
Initial Arrest and Booking<\/h3>\n\n\n\n
After an arrest, you will be booked, fingerprinted, and processed through the Marion County jail system. This is where having legal representation early matters most\u2014what you say at this stage can impact your case.<\/p>\n\n\n\n
Arraignment and Bail<\/h3>\n\n\n\n
Your arraignment is typically your first court appearance, where the charges are formally read and bail is set. Bail amounts vary based on the nature of the offense and your prior record.<\/p>\n\n\n\n
Pre-Trial Motions and Negotiations<\/h3>\n\n\n\n
Before trial, your attorney can file pre-trial motions\u2014including motions to suppress evidence obtained during an unlawful search\u2014that can dramatically alter the direction of your case. Prosecutors may also be willing to negotiate a plea<\/a><\/strong> to a lesser charge at this stage.<\/p>\n\n\n\n
Trial and Sentencing<\/h3>\n\n\n\n
If the case proceeds to trial, the prosecution must prove every element of the charge beyond a reasonable doubt. At sentencing, judges consider the nature of the offense, your criminal history, and any mitigating or aggravating factors.<\/p>\n\n\n\n
Collateral Consequences Beyond Criminal Penalties<\/strong><\/h2>\n\n\n\n
Loss of Firearm Rights<\/h3>\n\n\n\n
A felony conviction under Indiana or federal law results in the permanent loss of the right to possess firearms. Restoring those rights requires a formal legal process, including petitioning the court for expungement or restoration of rights.<\/p>\n\n\n\n
Impact on Employment and Housing<\/h3>\n\n\n\n
A criminal record\u2014even a misdemeanor\u2014can close doors. Indiana law bars felons from careers in law enforcement, firefighting, healthcare, teaching, banking, and several other professions. Many landlords also screen for criminal history, making stable housing harder to secure.<\/p>\n\n\n\n
Damage to Reputation<\/h3>\n\n\n\n
Beyond the courtroom, a conviction becomes part of your public record. Unless expunged<\/a><\/strong>, it appears on background checks conducted by employers, lenders, and landlords\u2014affecting opportunities long after the legal process concludes.<\/p>\n\n\n\n
Why Legal Counsel Is Critical After a Firearm Arrest<\/strong><\/h2>\n\n\n\n
Know Your Rights<\/h3>\n\n\n\n
From the moment of arrest, you have constitutional rights that need to be protected. An attorney can ensure law enforcement followed proper procedures during the stop, search, and arrest.<\/p>\n\n\n\n
Build a Defense Strategy<\/h3>\n\n\n\n
Experienced criminal defense attorneys examine every aspect of the case\u2014the legality of the traffic stop, the chain of evidence, and the specific facts that may qualify for exceptions under Indiana law. Small details can make a substantial difference.<\/p>\n\n\n\n
Work the Court System to Your Advantage<\/h3>\n\n\n\n
Marion County courts move quickly. An Indianapolis defense attorney<\/a><\/strong> familiar with local prosecutors, judges, and procedures can identify opportunities\u2014plea negotiations, diversion programs, or pre-trial motions\u2014that most people don’t know exist.<\/p>\n\n\n\n
Frequently Asked Questions<\/strong><\/h2>\n\n\n\n
Can I carry a firearm in my car without a license in Indiana?<\/h3>\n\n\n\n
Since July 1, 2022, Indiana no longer requires a permit to carry a handgun in a vehicle for individuals who are legally allowed to possess a firearm. However, if you are a prohibited person\u2014due to a felony conviction, protective order, or other disqualifying factor\u2014this exemption does not apply to you.<\/p>\n\n\n\n
What is the difference between a handgun and a long gun for licensing purposes?<\/h3>\n\n\n\n
Indiana’s carry restrictions apply specifically to handguns. Rifles and shotguns (long guns) are generally not subject to the same permit requirements. Handguns are typically defined as firearms designed to be held and operated with one hand.<\/p>\n\n\n\n
Are there federal laws that also apply to illegally carrying a firearm?<\/h3>\n\n\n\n
Yes. Under 18 U.S.C. \u00a7 922(g), any person convicted of a felony\u2014regardless of whether it was a violent offense\u2014is prohibited from possessing a firearm under federal law. Federal charges can be filed in addition to state charges, potentially resulting in significantly harsher penalties.<\/p>\n\n\n\n
Protect Your Rights After a Firearm Charge<\/h2>\n\n\n\n
An illegal firearm charge in Indianapolis can have consequences that extend far beyond jail time or fines. Your career, housing, and future opportunities are all on the line. The earlier you seek legal counsel, the more options you have.<\/p>\n\n\n\n
Get a free criminal defense case review today.<\/strong> Attorney David E. Lewis can evaluate your situation, explain your rights, and help you pursue the best possible outcome for your case.<\/p>\n\n\n\n
Call Our Firm<\/a><\/strong><\/p>\n\n\n\n
Related Posts:<\/strong><\/p>\n\n\n\n
Indiana Gun Laws: Permits & Requirements<\/a>
Firearm Penalties in Indianapolis: What You Need to Know<\/a>
Understanding Firearm Possession Laws in Indiana<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"This post breaks down what Indiana law considers “illegal” firearm carrying, the specific charges and penalties you may face, and why having the right legal representation can make all the difference. Continue reading