Why “Serious Violent Felons” Face Automatic Prison Time for Firearms in Indiana

If you have been convicted of a felony, it can affect several rights, including your right to own a firearm. In Indiana, state law enforces even more serious penalties for certain individuals, like domestic batterers or felons who were convicted of serious violent felonies. It’s important to know why “serious violent felons” face automatic prison time for firearms in Indiana, and what you can do to protect your interests.

Firearm Possession Restrictions in Indiana

Both state and federal laws restrict gun rights for felons and impose penalties for violating these laws.

If you are convicted of any felony, you cannot possess a firearm under federal law. In Indiana, the following restrictions are in place:

• Anyone who has been convicted of an offense carrying more than one year of imprisonment under state or federal law cannot possess a handgun.
• It is illegal for serious violent felons, domestic batterers, or dangerous people to possess a firearm.

The intention of these laws is to prevent firearm offenses by preventing people who are considered serious criminal offenders from having access to these weapons. In 2025, there were 2,628 offenses in Indiana where someone possessed a handgun without a license.

Even if you are not prohibited from possession under state law, you can still be charged under federal law for gun possession, but Indiana has especially strict requirements for what the state considers serious violent felonies. You could also face both federal and state charges.

Who Is Considered a Serious Violent Felon?

A serious violent felon is someone who has been convicted of a serious criminal offense, including:

• Murder, attempted murder, or voluntary manslaughter
• Reckless homicide that was not committed using a vehicle
• Battery, when it is a Level 3, 4, or 5 felony
• Aggravated battery
• Strangulation
• Rape
• Child molesting
• Sexual battery as a Level 5 felony
• Human or sexual trafficking
• Domestic battery as a Level 2, 3, or 4 felony
• Stalking as a Level 4 or 5 felony
• Arson as a Level 2, 3, or 4 felony
• Kidnapping or criminal confinement
• Robbery
• Burglary as a Level 1, 2, 3, or 4 felony
• Criminal organization intimidation
• Dealing in Schedule I, II, III, IV, or V controlled substances
• Dealing or manufacturing cocaine, narcotic drugs, or methamphetamine
• Dealing in a controlled substance causing death

When someone considered a serious violent felon in Indiana possesses a firearm, they can be charged with a Level 4 felony in county courts like the Marion County Court.

A Level 4 felony results in an imprisonment term between two and 12 years, and an advisory sentence of six years. There is also a fine of up to $10,000. If there are aggravating factors, the penalties can be much more severe. Aggravating factors include using the firearm in a criminal offense.

What Are Defenses to Possession as a Serious Violent Felon in Indiana?

A conviction of this offense can lead to immediate and serious criminal penalties, but an arrest does not equal a conviction. If you were arrested or charged with possession of a firearm as a serious violent felon, some potential defenses to these charges include:

• You were not knowingly in possession, such as when it is in a home or vehicle that you share with another person, and you are unaware the firearm is there.
• You were not in possession, like when you do not have control over the firearm, and it did not belong to you.
• You are not prohibited from owning a firearm, such as in cases where your offense was not a serious violent felony, when your felony was expunged from your criminal record, or the conviction was invalid.

An experienced legal team can help you assess these and other defenses for your charges.

FAQs

What Is Possession of a Firearm by a Serious Violent Felon in Indiana?

Possession of a firearm by a serious violent felon in Indiana is a Level 4 felony. It’s the offense of someone knowingly or purposefully possessing a firearm despite being convicted of specific felonies like kidnapping, aggravated battery, sexual battery as a Class C or Level 5 felony, voluntary manslaughter, strangulation, carjacking, assisting a criminal as a Class C or Level 5 felony, and dealing in a controlled substance.

Can a Convicted Felon Buy a Gun After 10 Years?

No, a convicted felon cannot buy a gun after 10 years. A convicted felon loses their gun rights. However, in Indiana, you may be able to have your criminal conviction expunged from your criminal record if eight to ten years have passed since your conviction, or three to five years have passed since you completed your sentence, whichever is latest. An expungement of your offense may allow you to possess a firearm, but this depends on your offense.

Can a Felon Live in a House With a Gun in Indiana?

A felon might not be able to live in a house with a gun in Indiana. A felon cannot have possession of a gun in Indiana, which includes constructive possession. The felon cannot have knowing control or power over the firearm. If the gun is not accessible or the felon does not know about it, this may not be considered possession, but the individual could still face charges. It is important to discuss these complex issues with an attorney.

Can a Non-Violent Felon Go to a Gun Range in Indiana?

A non-violent felon cannot go to a gun range in Indiana. Under federal law, a felon cannot have any possession of a gun, even for a temporary period, and even for a non-violent felony. In Indiana, anyone convicted of an offense under state or federal law that can be punished by imprisonment for over a year is prohibited from possessing a handgun. Indiana law also prevents the possession of a firearm by serious violent felons, domestic batterers, and dangerous persons.

Reach Out to The Criminal Defense Team and Hire a Gun Crime Lawyer

You can hire a gun crime lawyer at The Criminal Defense Team of Baldwin Perry & Wiley P.C. for benefits like:

• Five Board-Certified Criminal Trial Specialists*
• A criminal defense attorney with experience as a prosecutor
• Teamwork-based approach to cases
• More than 100 years of criminal trial experience combined
• An on-call attorney available at any time

Get in contact with our firm today if you are charged with a serious firearm possession offense.

*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.