Weapons Charges in Indiana

Indiana residents have the right to keep and bear arms, as guaranteed by both the federal and state constitutions. But that right isn't unlimited. Although Indiana has relatively permissive gun laws, the state nonetheless requires a license to carry a handgun, prohibits some people from having guns, and bans certain types of weapons. This article summarizes those laws, as well as the criminal charges for violating them.

Illegal Carrying of Guns and Electronic Weapons

In Indiana, it's illegal to carry a handgun or electronic weapon (a Taser or stun gun with a certain level of charge) on your body or in your vehicle without a license, unless:

• you are on your own property or have consent to carry the gun on someone else's property
• you're hunting (legally), at a shooting range, or attending a firearms course
• the gun is unloaded and stored in a container in a vehicle, or
• you have applied for a license and are protected under a court order of protection for domestic violence.

Carrying a handgun or electronic weapon without a license is generally a Class A misdemeanor, but it becomes a Level 5 felony if you've had a previous conviction for a license violation. It's also a Level 5 felony if you possess a handgun with the identifying marks altered or intentionally provide false information when applying for a license or buying a firearm. (Learn about punishment for various classes of misdemeanors and felonies in Indiana.) (Ind. Code §§ 35-47-2-1, 35-47-2-2.1, 35-47-2-17, 35-47-8-1, 35-47-8-3, 35-47-8-4 (2019).)

Possession of any gun on school property or a school bus is also against the law in Indiana, except for certain authorized personnel and legal gun owners who keep the weapons locked and out of sight in their cars. Violations of this crime are generally a Level 6 felony, but the punishment is somewhat stiffer (Level 5 felony) if it's a handgun and you don't have a license. (Ind. Code §§ 35-47-2-1, 35-47-2-2.1, 35-47-2-17, 35-47-2-18, 35-47-9-1, 35-47-9-2 (2019).)

People Prohibited From Having Guns in Indiana

It's a crime in Indiana for certain people to possess firearms, including those who:

• have been convicted of a serious violent felony, such as murder, voluntary manslaughter, felony battery, rape, felony stalking, or kidnapping (violation is a Level 4 felony)
• have been convicted of domestic battery and haven't had their gun rights restored (Class A misdemeanor)
• have been found by a court to be dangerous under Indiana's firearms seizure law (more on that below), or
• are under age 18, unless they're at home and have their parents' permission, or they're participating in certain authorized activities (like legal hunting or target shooting) with adult supervision (Level 5 felony).

(Ind. Code §§ 35-47-2-1, 35-47-4-5, 35-47-4-6, 35-47-4-6.5, 35-47-10-1, 35-47-10-5 (2019).)

It's worth noting that Indiana residents, like all U.S. residents, could be charged with a federal crime for possessing a gun or ammunition if they fall within one of the prohibited categories under federal law, including those who have been convicted of any felony or domestic violence misdemeanor, are currently subject to a domestic violence protective order, or have been committed to a psychiatric institution (18 U.S.C. § 922(g) (2019)).

Illegal Use of Weapons

Aiming a loaded gun at someone is a Level 6 felony in Indiana (or a Class A misdemeanor if the gun is unloaded), unless you're acting in self-defense. The state also imposes stricter penalties if you use or are armed with a deadly weapon while committing other crimes, including battery, robbery, and criminal recklessness. You may be charged with a Class A misdemeanor for using a stun gun while committing another crime, or a Level 6 felony for using a stun gun on a law enforcement officer who's on duty (Ind. Code § 35-42-2-1, 35-42-2-2, 35-42-2-11, 35-47-4-3, 35-42-5-1, 35-47-8-5 (2019).)

Illegal transfers of guns are generally Level 5 felonies, including providing a gun to someone who's not legally allowed to possess one and making a straw purchase of a handgun (Ind. Code §§ 35-47-2-7, 35-47-2-18, 35-47-4-6.7, 35-47-10-6 (2019)).

Prohibited Weapons in Indiana

Indiana prohibits some types of weapons and ammunition, including:

• switchblades
• throwing-knives with angled blades (throwing stars)
• machine guns, and
• armor-piercing ammunition.

Possession of a switchblade or throwing-knife is a Class B or Class C misdemeanor, respectively. Civilians who have a machine gun or armor-piercing ammunition may be charged with a Level 5 felony (or Level 4 if they actually a machine gun). (Ind. Code §§ 35-47-5-2, 35-47-5-8, 35-47-5-11.5, 35-47-5-12 (2019).)

Getting Legal Assistance

If you're charged with a crime as a result of your possession, use, or transfer of a gun, you should definitely talk to a lawyer. An experienced criminal defense attorney can explain how the law applies to your situation and help you present the strongest possible defense.

Look Out for Legal Changes

Because states can change their laws at any time, you may want to check the current Indiana statutes using this search tool. Court decisions may also affect how laws are interpreted and applied—another reason to consult an attorney if you're concerned about actual or potential weapons charges.