Indiana’s Laws on Pointing a Firearm
You can be charged with a crime if you are accused of pointing a firearm at another person in Indiana. Understanding these charges is critical in providing a strong defense against them.
Indiana Gun Laws
Indiana has more relaxed gun laws than many other states. Since July 1, 2022, Indiana has allowed “permitless carry,” allowing most people 18 and older to carry a handgun publicly without a permit unless they are a felon, subject to a domestic violence restraining order, or otherwise not permitted by law to carry a gun.
Additionally, the state has Stand Your Ground laws, which let people use reasonable force, including deadly force, to protect themselves and others from an imminent threat of unlawful force, serious bodily injury, or a forcible felony. There is no legal duty for them to retreat.
Still, there are laws that restrict certain people (mentioned above) or places (schools, parks, federal government buildings, etc.) where you cannot carry a firearm. Additionally, there are laws that tell you what you can – and can’t do – with a gun in Indiana.
Law on Pointing a Gun at Someone in Indiana
Indiana has a specific law pertaining to this matter. Under Indiana Code 35-47-4-3, a person commits the crime of pointing a firearm at another person if they knowingly or intentionally point a firearm at another person.”
Generally, this crime is classified as a Level 6 felony, punishable by six months to two and a half years in jail and a fine of up to $10,000.
However, if the firearm was not loaded, the person could be charged with a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $5,000.
This law does not apply to law enforcement officers acting within the scope of their official duties or to someone who is justified in using reasonable force against another person according to state law.
Criminal Recklessness?
Another Indiana law that could arise based on these facts is criminal recklessness, which occurs when a person “recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another person.” This crime is generally classified as a Class B misdemeanor, punishable by up to six months in jail and a fine of $1,000.
For either of these offenses, it is not necessary to show that anyone was injured as a result of your actions. The point of the laws is that you acted in such a careless way that someone could have been injured.
The Criminal Defense Team Can Help Fight the Charges Against You
If you have been charged with a crime in connection with pointing a firearm at another person, you need skilled legal representation to determine what your legal defenses are. The board-certified criminal trial specialists at The Criminal Defense Team of Baldwin Perry & Wiley PC can work together to help devise an effective defense on your behalf. Learn more when you call (317) 743-3295 for a free consultation.