Felon in Possession of a Firearm in Indiana

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 What Happens if a Felon Gets Caught With a Gun in Indiana?

In Indiana, felons caught with a firearm will face legal repercussions under Indiana Code Sections 35-47-4-5. That law prohibits individuals convicted of serious violent felonies from owning, possessing, or controlling any firearm.

That means that if you are a felon in possession of a firearm, you may be violating the law. Violating that law is classified as a Level 4 felony and is punishable by a prison sentence ranging from two to twelve years, along with possible criminal fines.

Furthermore, federal law also prohibits individuals with specific criminal backgrounds from possessing a firearm. This includes those convicted of or charged with offenses in federal court that carry a potential sentence of more than one year in prison, which encompasses most felony crimes.

In Indiana, most individuals convicted of or charged with serious violent felonies are forbidden from possessing firearms. This measure is part of Indiana’s efforts to prevent those with significant criminal backgrounds from accessing weapons.

It is important to note that Indiana law enforcement takes firearm possession by felons very seriously. Due to the gravity of the offense, law enforcement officers will typically arrest and detain individuals found with a firearm immediately.

After their arrest, the individual in possession of the firearm will attend a court hearing where formal charges will be presented. During this hearing, the judge may also set bail. The criminal process will then continue with an arraignment, pre-trial motions, plea negotiations, and ultimately, a trial, if necessary.

What Is the Minimum Sentence for Felon in Possession of a Firearm?

Once again, in Indiana, the criminal offense of a felon in possession of a firearm is taken very seriously. Under Indiana Code Sections 35-47-4-5, this crime is classified as a Level 4 felony. The minimum sentence for such an offense is two years in prison.

However, the potential punishment can be much more severe, with a maximum sentence of twelve years. It is important to understand that while a minimum sentence exists, the court has the discretion to consider aggravating and mitigating factors when determining the final sentence.

Further, under federal law, the baseline sentence for a felon caught with a firearm is ten years in prison. However, if the individual has three or more previous convictions for violent crimes or serious drug offenses, the minimum sentence rises to fifteen years, as mandated by the Armed Career Criminal Act (“ACCA”). For further details, refer to 18 U.S.C. Section 924(e).

As such, it is recommended to consult with an attorney if you were previously convicted of a felony and have been caught in possession of a firearm. A lawyer can provide valuable guidance and representation throughout this complex legal process.

Can a Felon Be Around a Person With a Gun?

In short, it is not recommended. In Indiana, a felon cannot legally be around a person who has a firearm, as this could be considered constructive possession. Constructive possession occurs when an individual has the ability to access and control the firearm, even if it is not physically in their possession.

For instance, if a firearm is found in a shared residence or vehicle, the felon may be deemed to have constructive possession of the weapon. Constructive possession itself is prohibited under Indiana law, and violating this prohibition can result in serious legal consequences.

These legal consequences may include additional felony charges, which can carry severe penalties such as imprisonment and criminal fines. The rationale behind this law is to prevent individuals with felony convictions from having any potential access to firearms, thereby reducing the risk of violence and ensuring public safety.

Given the serious consequences, it is crucial for individuals with felony convictions to avoid any situations involving firearms to stay compliant with the law and avoid further legal troubles. Additionally, specific conditions of parole or probation may impose additional restrictions on a felon’s interactions with firearms and individuals who possess them. As such, felons should be aware of and comply with any such conditions to avoid potential violations.

What Weapons Can a Felon Own To Protect Themselves?

In Indiana, felons are generally prohibited from owning most types of firearms, but there is a specific exception under Indiana law that allows felons to possess cap and ball muskets. This exception is provided unless the felony conviction is for a crime listed under Indiana Code Sections 35-47-4-5.

The rationale behind this exception is that cap and ball muskets are considered antique firearms and are not seen as posing the same level of risk as modern firearms. However, it is crucial for felons to understand the limitations and specific conditions of this exception.

Possessing any other type of firearm, including modern rifles, shotguns, or handguns, remains illegal for felons in Indiana. As noted above, violating these restrictions can lead to serious legal consequences, including additional felony charges and imprisonment.

Beyond cap and ball muskets, felons in Indiana may also explore other means of self-defense that do not involve firearms. This can include items such as:

  • Pepper Spray: A non-lethal option for personal protection that can incapacitate an attacker temporarily
  • Stun Guns or Tasers: Depending on local regulations, felons may be allowed to carry these electronic devices to protect themselves
  • Personal Alarms: Devices that emit a loud noise to deter potential attackers and attract attention to the situation

It is important to note that while these alternatives can provide a level of personal protection, they come with their own set of legal restrictions and requirements. As such, felons should consult with a legal professional to ensure compliance with all relevant laws and to fully understand their rights and limitations.

Can a Felon’s Gun Rights Be Restored?

In Indiana, felons can have their gun rights restored if they meet certain criteria and follow the correct legal procedures. According to Indiana law, individuals with specific felony convictions may petition the court to restore their firearm rights, provided they meet the following conditions:

  • Eligible Felony: The felony must be one that qualifies for restoration under Indiana law, generally excluding violent crimes, drug-related offenses, and crimes involving firearms
  • Completion of Sentence: The individual must have fully completed their criminal sentence, including any probation or parole
  • Waiting Period: There is typically a designated waiting period after the sentence is completed before the petition can be filed
    • The duration of this period depends on the nature of the felony and the individual’s criminal history
  • Petition Process: The individual must file a petition with the appropriate court, presenting evidence that they satisfy all necessary criteria
  • Public Safety Assurance: The court must be convinced that restoring the individual’s firearm rights will not pose a threat to public safety

If all of the above conditions are met and the court grants the petition, the individual’s firearm rights will be restored, allowing them to legally own and possess firearms in Indiana. Importantly, this process is different from the Indiana expungement process.

As such, restoring gun rights does not erase the original felony conviction. Rather, it simply reinstates the person’s right to possess firearms. Consulting with a local Indiana attorney can provide further guidance on restoring gun rights and answering any related questions, including felony expungement.

Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?

If you’ve been charged with or convicted of a felony and are now facing firearm possession charges, it is recommended to immediately contact an Indiana criminal lawyer. Services such as LegalMatch can assist you in arranging a consultation with a nearby attorney.

A criminal lawyer can help you navigate Indiana’s specific laws regarding firearm possession for felons and provide representation throughout the legal process. They can also aid in helping you work towards the restoration of your firearm rights, if they have been revoked.

Additionally, an attorney will also be able to safeguard your legal rights and give you the best opportunity to achieve the best possible outcome in your case. This might include having the charges against you dismissed or negotiating a plea deal on your behalf. Finally, if a criminal trial is necessary, they will also be able to represent you in court, as needed.

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