Board-Certified* Criminal Trial Specialists to Protect Your Firearm Rights
Indiana regulates the licensing, possession, and distribution of firearms, or any weapon designed to expel a projectile via an explosion. Indiana adults who are 18 years or older and who are not felons may purchase a firearm, but they will need to obtain a License to Carry a Handgun for open and concealed carry. Violating these laws constitutes a criminal offense and could result in jail time, fines, and a revocation of your firearm rights.
The Criminal Defense Team of Baldwin Perry & Wiley PC is led by Board-Certified* Criminal Trial Specialists who practice exclusively in the area of criminal law. They take a team approach to all their criminal cases, so you can rest assured that you will have multiple eyes on your case and full office support. You will also have 24-hour access to the attorneys at the firm, and they will do their best to build a case that tells your story effectively.
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One important category of Indiana’s gun laws is licensed carry. According to Indiana Code § 45-37-2-1, it is against the law to carry a handgun in your vehicle or person without a valid license to carry. Any adult who is at least 18 years old may apply for a License to Carry a Handgun (LCH). The only exceptions for not needing an LCH are:
- Using a handgun on your own property
- Using a handgun on another’s property or at a shooting range if they are permitted to do so
- Transporting an unloaded handgun in a vehicle if it is enclosed in a case and not accessible
- Using a handgun for hunting
Carrying unlawfully without a license is a Class A misdemeanor punishable by up to 1 year in county jail and up to $5,000 in fines. However, the offense can be bumped to a Level 5 felony if the accused has a prior conviction for the same offense.
There are certain situations when an adult is not lawfully allowed to possess a firearm. Possession of a gun by the following individuals constitutes a criminal offense:
- Serious violent felon – an individual who committed, attempted to commit, or conspired to commit a serious violent felony like murder, aggravated battery, or rape; possession by a serious violent felon is a Level 4 felony punishable by 2-12 years in state prison
- Domestic battery conviction – anyone with a conviction for domestic battery is not allowed to own a handgun; possession after a domestic battery conviction is a Class A misdemeanor punishable by up to 1 year in jail and up to $5,000 in fines
Other firearm-related crimes in Indiana include:
- Obliterating a firearm’s serial number or make or model – Level 5 felony punishable by 1-6 years in state prison
- Pointing a firearm – Level 6 felony punishable by 0.5-2.5 years in state prison
- Illegally selling or transferring a handgun – Level 5 felony punishable by 1-6 years in jail and up to $10,000 in fines, but it can be increased to a Level 3 felony if the weapon is used to commit murder
- Illegally selling or transferring a machine gun to a minor – Level 5 felony punishable by 1-6 years in jail and up to $10,000 in fines
- Criminal recklessness (knowingly, intentionally, or recklessly using a firearm in a way that creates a substantial risk of bodily harm to another) – Level 5 felony punishable by 1-6 years in state prison
Using a firearm in a non-firearm-related offense can also elevate or enhance the sentence for the underlying crime. According to Indiana Code § 35-50-2-11, the court can order an additional 5-20 years to your sentence if they can prove you pointed a firearm at law enforcement or that you have a prior conviction for kidnapping, a felony resulting in serious bodily injury, or criminal confinement.
If you have been accused of a gun crime, whether for unlicensed carry or unlawful possession, reach out to an experienced gun crime defense lawyer for legal support immediately. The Criminal Defense Team of Baldwin Perry & Wiley PC can explore a range of defenses that can be applied to your case, and you can count on a team of collaborative and board-certified attorneys by your side in trial.
Schedule a free consultation with The Criminal Defense Team of Baldwin Perry & Wiley PC to get started.
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If you’re facing charges for manslaughter or reckless homicide, call The Criminal Defense Team today at (317) 565-2221. We can meet with you for an initial consultation to review the facts of your case and determine if we can represent you.