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Indianapolis Gun Crime Lawyer

Defending Gun and Firearm Charges Across Indiana

In Indiana, firearm charges can arise when a person is accused of unlawfully possessing, carrying, using, or transferring a gun. Although Indiana generally allows eligible adults to carry a handgun without a license, state and federal law still prohibit certain people from possessing or carrying firearms and restrict firearms in particular circumstances.

Depending on the allegations, a firearm offense may be charged as a misdemeanor or felony and can carry jail or prison time, fines, and long-term consequences for your record and firearm rights. At the Law Office of B.D. Williams, our Indianapolis gun crime lawyer can examine the evidence, protect your rights, and pursue the best possible outcome based on the facts of your case.

If you’re facing a firearm charge in Indianapolis, please contact us at (317) 500-4857 to discuss your case during a free consultation.

Common Gun Charges We Defend in Indianapolis

Regardless of the type of gun-related crime that you have been accused of, entrust your case to the Law Office of B.D. Williams in Indianapolis. We give each client the attention and legal representation they deserve.

Carrying or Possessing a Handgun Without a License

Indiana generally allows eligible adults to carry a handgun without a state-issued handgun license. However, permitless carry does not allow everyone to carry a handgun in every circumstance.

Under Indiana Code § 35-47-2-1.5, certain people may not knowingly or intentionally carry a handgun, including people with qualifying convictions, certain protective orders, dangerous-person findings, or other legal disqualifications.

A violation is generally a Class A misdemeanor, though the charge may be elevated to a Level 5 felony in specific circumstances, including allegations involving school property or certain prior convictions.

Unlawful Possession of a Firearm by a Serious Violent Felon

Under Indiana Code § 35-47-4-5, a person classified as a serious violent felon may not knowingly or intentionally possess a firearm. Indiana law identifies specific qualifying convictions for this classification.

Qualifying convictions may include:

Because the statute contains a specific list, the exact prior conviction must be reviewed carefully.

Possession of a Firearm After a Domestic Battery Conviction

Under Indiana Code § 35-47-4-6, a person convicted of domestic battery may not knowingly or intentionally possess a firearm unless their firearm rights have been restored through the legal process. Whether a prior conviction creates a firearm prohibition can depend on the specific offense, conviction record, and any later court order restoring firearm rights.

Possession of a Firearm by a Dangerous Person

A person found to be dangerous through the required court process may not knowingly or intentionally rent, purchase, receive, own, or possess a firearm. Dangerous-person determinations involve statutory definitions, court procedures, and individualized facts. When a firearm possession charge is based on a dangerous-person finding, the underlying court record and alleged firearm possession should be reviewed closely.

Pointing a Firearm at Another Person

Knowingly or intentionally pointing a firearm at another person is generally a Level 6 felony under Indiana law. If the firearm was not loaded, the offense is generally a Class A misdemeanor.

The details of the allegation may affect the available defense and related charges. Relevant issues can include whether the firearm was loaded, what witnesses observed, whether self-defense is supported by the facts, and whether the State can prove the firearm was knowingly or intentionally pointed at another person.

Prohibited Sales or Transfer of a Firearm

Indiana law restricts the sale, transfer, and delivery of firearms in certain circumstances. Depending on the alleged facts and the applicable statute, knowingly transferring a firearm to a prohibited person or for unlawful use may result in criminal charges.

The State must prove the required elements of the offense, including any applicable knowledge or intent requirement, beyond a reasonable doubt.

Can You Conceal Carry in Indiana?

Indiana generally allows eligible adults age 18 and older who meet legal eligibility requirements to carry a handgun openly or concealed without first obtaining a state-issued handgun license.

Indiana’s permitless-carry option has been in effect since July 1, 2022. People who are prohibited from possessing or carrying a handgun under Indiana or federal law may still face criminal charges, and firearms may be restricted in certain locations or circumstances.

A person may be prohibited from carrying or possessing a firearm because of a qualifying criminal conviction, a domestic battery conviction, a court order, dangerous-person status, or another restriction under Indiana or federal law. Carrying a handgun may be restricted in locations where firearms are prohibited by law. Private-property rules may also create legal and practical concerns depending on the facts of the situation.

Indiana handgun licenses are still available. A license may be useful for travel because other states may recognize an Indiana license even if they do not recognize Indiana’s permitless-carry rules.

If you have questions about whether you are legally permitted to carry a concealed handgun, do not rely on general information alone. The facts of a prior conviction, court order, or pending case can matter. Call the Law Office of B.D. Williams at (317) 500-4857 for a free consultation about a firearm-related criminal charge.

Indiana Gun Laws for Felons

Firearm eligibility for a person with a felony record can depend on the specific conviction, the applicable Indiana statute, court orders, and potentially applicable federal law.

Indiana Code § 35-47-4-5 makes it a crime for a person classified as a serious violent felon to knowingly or intentionally possess a firearm. Indiana’s serious-violent-felon statute applies only to people with specific qualifying convictions listed by law. Those convictions may include murder, voluntary manslaughter, rape, robbery, kidnapping, certain battery offenses, certain domestic battery offenses, and certain drug dealing offenses.

Unlawful possession of a firearm by a serious violent felon is generally a Level 4 felony. A Level 4 felony carries a potential prison sentence of two to 12 years and a fine of up to $10,000.

The State must prove that the person had a qualifying prior conviction and that they knowingly or intentionally possessed a firearm. Possession may be actual or constructive, meaning the prosecution may try to argue that a firearm was under the person’s control even if it was not found on their body. These issues can be central to the defense.

Can a Felon Own a Gun in Indiana?

The answer depends on the specific conviction and the person’s legal status. A person classified under Indiana law as a serious violent felon cannot knowingly or intentionally possess a firearm. Federal law may create additional restrictions for some people with criminal convictions. Because federal firearm eligibility rules are complex and may differ from Indiana law, anyone with a criminal record should obtain individualized legal advice before possessing or acquiring a firearm.

In addition, a domestic battery conviction can create a separate firearm prohibition under Indiana law. A person convicted of domestic battery who knowingly or intentionally possesses a firearm may face a Class A misdemeanor unless their firearm rights have been restored through the legal process.

A charge may be based on alleged possession or control of a firearm, not only formal ownership. For example, the State may examine whether a person had knowledge of and the ability to control a firearm located in a vehicle, residence, or shared space.

Before purchasing, possessing, transporting, or accepting a firearm, someone with a criminal record should obtain individualized legal advice. A mistake can result in a new criminal charge with serious penalties.

Restoring Your Right to Possess a Firearm

Indiana law provides a process through which certain people convicted of a crime of domestic violence may petition a court to restore their right to possess a firearm. In general, a petition for restoration may not be filed until at least five years after the conviction.

The court considers several factors when deciding whether to restore firearm rights, including:

Whether the person is subject to a protective order, no-contact order, workplace violence restraining order, or another firearm-related court order.
Whether the person completed substance-abuse treatment, if applicable.
Whether the person completed a parenting class, if applicable.
Whether the person continues to pose a threat to the victim.
Whether the person has committed a subsequent offense or failed to meet conditions imposed by the court.

An expungement, restoration of voting rights, or restoration of jury-service rights does not automatically restore firearm rights after a domestic violence conviction. A separate court order may be required. If the court denies the petition, the person generally must wait at least one year before filing another petition.

Restoration issues can involve both Indiana and federal law, so the process should be handled carefully. To discuss a firearm possession charge, a prior domestic battery conviction, or potential defense options, contact the Law Office of B.D. Williams at (317) 500-4857 for a free consultation.

Penalties for Indiana Gun Crimes

Indiana weapons crime penalties depend on the charge, the alleged conduct, a person’s criminal history, and whether prosecutors claim the offense occurred in a restricted location or involved another crime. A firearm conviction may result in incarceration, fines, probation, and long-term consequences for employment, housing, professional licenses, and firearm rights.

Some firearm-related offenses are charged as Class A misdemeanors, which may carry up to one year in jail and a fine of up to $5,000. Depending on the applicable statute and alleged facts, Class A misdemeanor firearm charges may include:

Unlawful carrying of a handgun by a prohibited person
Unlawful possession of a firearm by a domestic batterer,
Unlawful possession of a firearm by a dangerous person

The facts and the specific statute determine whether an offense is charged as a misdemeanor or elevated to a felony.

More serious firearm allegations may result in felony charges. A Level 5 felony may carry one to six years in prison and a fine of up to $10,000. A Level 4 felony may carry two to 12 years in prison and a fine of up to $10,000.

The State must prove every element of a firearm crime beyond a reasonable doubt. The Law Office of B.D. Williams examines the evidence, the police investigation, and the circumstances of the alleged firearm possession or use to identify potential defenses.

Penalty for Carrying a Handgun Without a Permit in Indiana

Because Indiana generally permits eligible adults to carry handguns without a license, the absence of a permit alone does not establish a criminal offense.

However, Indiana Code § 35-47-2-1.5 prohibits certain people from knowingly or intentionally carrying a handgun, including people with qualifying felony convictions, certain domestic violence or domestic battery convictions, protective orders, criminal stalking convictions, pending indictments, dangerous-person findings, or other legally disqualifying circumstances.

Unlawful carrying of a handgun is generally a Class A misdemeanor and may carry up to one year in jail and a fine of up to $5,000. The offense may be charged as a Level 5 felony in specified circumstances, including allegations involving school property, the area within 500 feet of school property, a school bus, or certain qualifying prior convictions.

A gun charge is not a conviction. Prosecutors must prove that the accused knowingly or intentionally carried the handgun and that a legal restriction applied. A defense may involve the legality of the stop, search, or seizure, whether the accused possessed the firearm, and whether the alleged disqualifying status applies.

If you have been charged with unlawful handgun carrying in Indianapolis, call the Law Office of B.D. Williams at (317) 500-4857 for a free consultation.

Felony-Level Firearm Penalties

Firearm allegations can become felony charges when they involve a person prohibited from possessing or carrying a gun, a restricted location, a qualifying prior conviction, an alleged threat or act of violence, or the alleged use of a firearm during another offense.

A Level 5 felony carries a possible prison sentence of one to six years, an advisory sentence of three years, and a fine of up to $10,000. For example, unlawful carrying of a handgun may be charged as a Level 5 felony when the alleged conduct occurs on school property, within 500 feet of school property, or on a school bus, or when the accused has a qualifying prior conviction.

A Level 4 felony carries a possible prison sentence of two to 12 years, an advisory sentence of six years, and a fine of up to $10,000. Under Indiana Code § 35-47-4-5, a serious violent felon who knowingly or intentionally possesses a firearm may face a Level 4 felony charge.

Some cases may involve a firearm sentencing enhancement. For qualifying offenses, a court may add a fixed term of five to 20 years if the State proves the statutory requirements for the enhancement apply.

The consequences of a felony firearm conviction can extend beyond a prison sentence or fine. A conviction may affect future employment, housing, immigration matters, professional licensing, and firearm eligibility. For a focused defense strategy tailored to your circumstances, contact the Law Office of B.D. Williams at (317) 500-4857 for a free case review.

Defense Strategies for Gun Charges

No lawyer can promise a result, but a strong defense begins with a detailed examination of the evidence and the procedure used to obtain it. Depending on the case, potential defense strategies may include:

Challenging an unlawful traffic stop, detention, search, or seizure
Contesting whether the accused knowingly possessed the firearm
Arguing that the evidence does not establish knowing possession or control of the firearm
Examining whether the alleged weapon meets the statutory definition applicable to the charge
Challenging the accuracy or credibility of witness statements
Examining whether a prior conviction actually creates a firearm prohibition
Presenting evidence of lawful possession, restoration of rights, or a statutory exception
Raising self-defense or defense-of-others issues when supported by the facts
Pursuing reduced charges, dismissal, diversion, or another appropriate resolution when supported by the facts and circumstances

A firearm case often turns on small but important details. The location of the gun, access to the vehicle or residence, body-camera footage, dispatch records, forensic evidence, and the wording of a prior court order may all affect the prosecution’s case.

Why Choose the Law Office of B.D. Williams for Your Firearms Charge

When a weapons charge threatens your future, you need a criminal defense lawyer who understands the stakes. The Law Office of B.D. Williams practices criminal defense exclusively and provides focused representation for clients in Indianapolis and throughout the surrounding area.

Our approach includes:

More than 20 years of criminal defense experience
Individual attention to the facts and goals of each case
Thorough case analysis and evidence review
Practical guidance throughout the criminal process
A focused strategy designed to protect your rights and pursue the best possible outcome based on the facts

An arrest is not a conviction. Before making statements to law enforcement, accepting a plea offer, or assuming you have no options, speak with an experienced Indianapolis criminal defense attorney.

Contact an Indianapolis Gun Crime Lawyer

Firearm cases require a close review of the evidence, police conduct, statutory elements, and potential defenses. With more than 20 years of criminal defense experience, Attorney Brian D. Williams is prepared to provide focused representation in your case.

If you need legal help challenging a weapons charge in Indianapolis, please call our Indianapolis gun crime lawyer at (317) 500-4857 or submit an online contact form today.

Indiana Gun Crime FAQs

Do you need a permit to carry a handgun in Indiana?

Indiana generally allows eligible adults age 18 and older to carry a handgun without a state-issued handgun license. The permitless-carry option took effect on July 1, 2022, but it applies only to people who are legally permitted to carry a firearm under Indiana and federal law.

A person may still be prohibited from carrying a handgun because of a qualifying conviction, a protective order, dangerous-person status, or another legal restriction. Indiana handgun licenses remain available and may be helpful for travel to states that recognize an Indiana license.

What is the penalty for carrying a handgun without a permit in Indiana?

Because Indiana permits eligible people to carry without a license, not having a permit by itself does not automatically result in a criminal charge. However, a person who is legally prohibited from carrying a handgun may be charged with unlawful carrying of a handgun under Indiana Code § 35-47-2-1.5.

The offense is generally a Class A misdemeanor, which can carry up to one year in jail and a fine of up to $5,000. Certain allegations, including carrying on or near school property or certain prior convictions, can increase the charge to a Level 5 felony.

Is pointing a firearm at someone a crime in Indiana?

Yes. Knowingly or intentionally pointing a firearm at another person is generally a Level 6 felony under Indiana Code § 35-47-4-3.

If the firearm was not loaded, the offense is generally charged as a Class A misdemeanor rather than a felony. The circumstances can still matter significantly, including whether there was an alleged threat, self-defense claim, physical confrontation, or dispute about what occurred.

What counts as unlawful carrying of a handgun in Indiana?

Unlawful carrying of a handgun generally involves knowingly or intentionally carrying a handgun when a person is legally prohibited from doing so. Indiana law identifies several potentially prohibited categories, including people with qualifying felony convictions, people convicted of certain domestic violence offenses, fugitives, people subject to certain protective orders, and people found to be dangerous persons.

The prosecutor must prove both that the person carried the handgun and that a legal restriction applied. In a criminal case, the defense may challenge whether the accused knew about the firearm, whether the alleged disqualifying condition applies, or whether police obtained evidence through an unlawful stop or search.

Can gun rights be restored after a conviction in Indiana?

In some circumstances, yes. Indiana law permits a person convicted of a crime of domestic violence to petition for restoration of firearm rights no earlier than five years after the conviction.

The court reviews factors such as protective or no-contact orders, completion of applicable treatment programs, whether the person still presents a threat to the victim, any subsequent offenses, and other reasons the person should not possess a firearm. Expungement or restoration of voting rights does not automatically restore firearm rights after a domestic violence conviction, and a denied petitioner generally must wait one year before filing again.

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“Brian was the best lawyer I have come in contact with. He was unlike other attorneys who look at you like you are just “some criminal”. Brian cares about his clients.”

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