Your best defense is a call away Gun Charges

Indiana Gun Crimes Attorneys

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.

Schedule a free initial consultation with 
The Criminal Defense Team of Indiana to learn more.

Laws for License to Carry

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.

Unlawful Firearm Possession

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.

Awards & Affiliations

  • NBTA
  • Indiana Bar Association
  • INDY Bar
  • Hamilton County Bar

    Contact the criminal defense team

    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.

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