Can a Felon Own a Gun in Indiana? What the Law Says and What Happens If You Are Charged

· Written By Jerry L. Garner

Not under federal law, and under Indiana law it depends on the conviction. Federal law bars anyone convicted of a crime “punishable by imprisonment for a term exceeding one year” from possessing any firearm or ammunition (18 U.S.C. 922(g)(1)), violent or not. Indiana’s own possession offense is narrower: it applies to a “serious violent felon”, a person convicted of one of 32 listed offenses (IC 35-47-4-5). A separate Indiana statute bars every person convicted of an offense “punishable by a term of imprisonment exceeding one (1) year” from carrying a handgun (IC 35-47-2-1.5). None of the three says “own”; they say carry and possess, and that is what a charge is built on.

This post is for someone in Evansville, Rockport, Tell City, or Boonville who has been charged with carrying or possessing a gun after a felony conviction, or expects to be. The offenses themselves are covered on our weapons and firearms charges page.

Three Laws Apply, Not One

Carrying a Handgun as a Prohibited Person: IC 35-47-2-1.5

The statute lists ten categories of person who “may not knowingly or intentionally carry a handgun”. The first is “a person convicted of a federal or state offense punishable by a term of imprisonment exceeding one (1) year” (IC 35-47-2-1.5(b)(1)), which in practice describes a felony conviction of any kind other than the antitrust and business-regulation offenses the section excludes (IC 35-47-2-1.5(a)(8)). A handgun is a firearm made to be aimed and fired from one hand, or one with a barrel under sixteen inches or an overall length under twenty-six inches (IC 35-47-1-6).

It is a Class A misdemeanor, up to one year and a fine of up to $5,000 (IC 35-50-3-2). It becomes a Level 5 felony, one to six years with an advisory sentence of three and a fine of up to $10,000 (IC 35-50-2-6(b)), if committed on or within 500 feet of school property or on a school bus, or if the person has a prior conviction under this section or two related sections, or “has been convicted of a felony within fifteen (15) years before the date of the offense” (IC 35-47-2-1.5(e)). A felony conviction less than fifteen years old meets that last condition by itself.

Possession of a Firearm by a Serious Violent Felon: IC 35-47-4-5

“A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Level 4 felony” (IC 35-47-4-5(c)). A serious violent felon is “a person who has been convicted of committing a serious violent felony” (IC 35-47-4-5(a)), and the statute lists which felonies count. This offense covers possession, so a gun kept at home is enough, and any firearm, not only a handgun. A Level 4 felony carries two to twelve years, an advisory sentence of six, and a fine of up to $10,000 (IC 35-50-2-5.5).

The Federal Ban: 18 U.S.C. 922(g)(1)

It is unlawful for any person “who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year” to “possess in or affecting commerce, any firearm or ammunition”, or to ship, transport, or receive one (18 U.S.C. 922(g)(1)). It reaches every felon, on Indiana’s list or not, and it covers ammunition. Antitrust and business-regulation offenses, and a state misdemeanor punishable by two years or less, are not counted (18 U.S.C. 921(a)(20)). A federal possession charge is tried in federal court; our page on federal criminal defense covers how those cases work.

Does It Matter That My Felony Was Non-Violent?

Under Indiana’s possession statute, yes. Under the carrying statute and the federal ban, no.

Subsection (b) of IC 35-47-4-5 lists the qualifying convictions. Where an entry names both a class and a level, the class applies to a crime committed before July 1, 2014 and the level to a crime committed after June 30, 2014. In the statute’s wording, a “serious violent felony” means:

  • Murder (IC 35-42-1-1)
  • Attempted murder (IC 35-41-5-1)
  • Voluntary manslaughter (IC 35-42-1-3)
  • Reckless homicide not committed by means of a vehicle (IC 35-42-1-5)
  • Battery (IC 35-42-2-1) as a Class A, B, or C felony, or as a Level 2, 3, 4, or 5 felony
  • Domestic battery (IC 35-42-2-1.3) as a Level 2, 3, 4, or 5 felony
  • Aggravated battery (IC 35-42-2-1.5)
  • Strangulation (IC 35-42-2-9)
  • Kidnapping (IC 35-42-3-2)
  • Criminal confinement (IC 35-42-3-3)
  • A human or sexual trafficking offense under IC 35-42-3.5
  • Rape (IC 35-42-4-1)
  • Criminal deviate conduct (IC 35-42-4-2) (before its repeal)
  • Child molesting (IC 35-42-4-3)
  • Sexual battery (IC 35-42-4-8) as a Class C felony, or as a Level 5 felony
  • Robbery (IC 35-42-5-1)
  • Carjacking (IC 35-42-5-2) (before its repeal)
  • Arson (IC 35-43-1-1(a)) as a Class A or B felony, or as a Level 2, 3, or 4 felony
  • Burglary (IC 35-43-2-1) as a Class A or B felony, or as a Level 1, 2, 3, or 4 felony
  • Assisting a criminal (IC 35-44.1-2-5) as a Class C felony, or as a Level 5 felony
  • Resisting law enforcement (IC 35-44.1-3-1) as a Class B or C felony, or as a Level 2, 3, or 5 felony
  • Escape (IC 35-44.1-3-4) as a Class B or C felony, or as a Level 4 or 5 felony
  • Trafficking with an inmate (IC 35-44.1-3-5) as a Class C felony, or as a Level 5 felony
  • Criminal organization intimidation (IC 35-45-9-4)
  • Stalking (IC 35-45-10-5) as a Class B or C felony, or as a Level 4 or 5 felony
  • Incest (IC 35-46-1-3)
  • Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1)
  • Dealing in methamphetamine (IC 35-48-4-1.1) or manufacturing methamphetamine (IC 35-48-4-1.2)
  • Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2)
  • Dealing in a schedule IV controlled substance (IC 35-48-4-3)
  • Dealing in a schedule V controlled substance (IC 35-48-4-4)
  • Dealing in a controlled substance resulting in death (IC 35-42-1-1.5)

The name is misleading: the last six entries are drug dealing or manufacturing offenses, so a dealing or manufacturing conviction under one of those six entries qualifies whether or not anything violent happened, while a Level 6 felony battery does not.

What Counts as a Firearm

Indiana’s definition applies “throughout this article” (IC 35-47-1-1), so it governs both state statutes. “Firearm” means “any weapon: (1) that is: (A) capable of expelling; or (B) designed to expel; or (2) that may readily be converted to expel; a projectile by means of an explosion” (IC 35-47-1-5).

The federal definition is “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm” (18 U.S.C. 921(a)(3)).

BB Guns and Air Guns

Neither code names a BB gun or an air gun. A gun that drives a pellet with compressed air or gas does not expel it “by means of an explosion” on the plain words of either definition, but neither statute says so expressly, and whether a particular item meets the definition is a question about that item, not a rule.

Black-Powder and Muzzleloader Guns

Here the two laws part ways. Federally, a muzzle-loading rifle, shotgun, or pistol “which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition” is an “antique firearm” and outside the definition of a firearm, unless it incorporates a firearm frame or receiver, was converted from a firearm, or can be readily converted to fire fixed ammunition “by replacing the barrel, bolt, breechblock, or any combination thereof” (18 U.S.C. 921(a)(16)(C)). Indiana’s definition has no antique-firearm exception, Indiana’s criminal code does not define a black-powder gun at all, and nothing in the Indiana statutes quoted here exempts a muzzleloader from either state offense.

Stun Guns and Less-Lethal Launchers

Indiana defines a “stun gun” and an “electronic stun weapon” in a separate chapter, by the strength of the charge (IC 35-47-8-2, IC 35-47-8-1), and says the handgun chapter, which contains the carrying offense, “applies to an electronic stun weapon or taser” (IC 35-47-8-4). That names an electronic stun weapon and a taser, not a stun gun, and whether a stun gun is covered is not answered by those sections. None of the three expels a projectile by an explosion, so the firearm definition does not reach them on this text, and neither federal section above mentions them; but the carrying statute reaches a taser or electronic stun weapon even though neither is a firearm (IC 35-47-8-4).

A less-lethal launcher, the kind sold under brand names such as Byrna, is not named in any section quoted here; whether it expels a projectile by means of an explosion depends on how the specific device works.

Constructive Possession: A Gun in the House or the Car

Both Indiana offenses require that the person acted “knowingly or intentionally”, and prosecutors do not limit possession to a gun in a person’s hand. They also charge what is called constructive possession, arguing that the person knew the gun was there and had the ability to control it even though it belonged to someone else. The State will make that argument about a pistol in a spouse’s nightstand or a handgun under a passenger’s seat in a car the felon was driving, and whether it can prove that is often the whole case.

If the gun was used in self-defense, our post on Indiana’s stand-your-ground and self-defense law covers the other half of that situation.

Penalties

At a glance:

  • Unlawful carrying of a handgun, Class A misdemeanor: up to one year and a fine of up to $5,000 (IC 35-50-3-2)
  • Unlawful carrying of a handgun, Level 5 felony, with a felony conviction in the preceding fifteen years or another trigger in IC 35-47-2-1.5(e): one to six years, advisory three, fine of up to $10,000 (IC 35-50-2-6(b))
  • Unlawful possession of a firearm by a serious violent felon, Level 4 felony: two to twelve years, advisory six, fine of up to $10,000 (IC 35-50-2-5.5)
  • The federal offense: sentenced under federal law, not stated here

Our guide to Indiana’s felony levels and their sentence ranges explains the advisory sentence. A person with prior felony convictions may also face the habitual offender enhancement, and a conviction reaches past the sentence into work, housing, and licensing, which our post on the collateral consequences of a criminal conviction covers.

Restoring firearm rights after a conviction is a separate legal process from defending a possession charge, and it is not something this office handles.

The offenses, the levels and how a defense is built are covered on our weapons and firearms charges page.

Defense Options

Each charge has elements the State must prove, and each is a place a defense can begin:

  • Whether possession was knowing, since both Indiana offenses require that the person acted “knowingly or intentionally”
  • Whether the item meets the statutory definition of a firearm, or of a handgun
  • Whether the prior conviction is one the statute reaches: on the serious-violent-felon list, or a qualifying conviction under 18 U.S.C. 921(a)(20)
  • Whether the search that found the item was lawful

Frequently Asked Questions About Felons and Firearms in Indiana

Can a non-violent felon own a gun in Indiana?

Not under federal law, which bars anyone convicted of a crime punishable by more than one year from possessing any firearm or ammunition (18 U.S.C. 922(g)(1)). Under Indiana law, a felon not on the serious-violent-felon list in IC 35-47-4-5(b) is outside that possession offense on the statute’s text, but IC 35-47-2-1.5 still bars carrying a handgun.

Can a felon own a BB gun or an air gun in Indiana?

Neither code names either. Both turn on whether an item expels a projectile by means of an explosion (IC 35-47-1-5; 18 U.S.C. 921(a)(3)), and whether a particular item does is a question about the item, not a rule for the category.

Can a felon own a black-powder or muzzleloader gun in Indiana?

Federal law treats a black-powder muzzleloader that cannot use fixed ammunition as an “antique firearm” outside its definition of a firearm, with exceptions (18 U.S.C. 921(a)(16)(C)). Indiana’s definition has no antique-firearm exception, and nothing in the Indiana statutes above exempts a muzzleloader from either state offense.

Can a felon go to a gun range in Indiana?

Neither IC 35-47-2-1.5 nor IC 35-47-4-5 mentions a shooting range; they address carrying and possessing, not premises, and handling a firearm at a range is possessing it. A range exception elsewhere in the handgun chapter governs who needs a license to carry, a different question, and nothing in the text above exempts a prohibited person.

What is the penalty for a felon caught with a gun in Indiana?

Unlawful carrying of a handgun is a Class A misdemeanor, up to one year and a $5,000 fine (IC 35-50-3-2), or a Level 5 felony, one to six years and a $10,000 fine (IC 35-50-2-6(b)), when the person has a felony conviction within the preceding fifteen years (IC 35-47-2-1.5(e)). Possession by a serious violent felon is a Level 4 felony, two to twelve years and a $10,000 fine (IC 35-50-2-5.5). A federal charge carries its own sentence.

Jerry L. Garner spent 23 years as an FBI Special Agent before returning to the practice of criminal law. A felon-in-possession case usually comes down to the search and to knowledge: how the gun was found, whose it was, and what ties it to the person charged. That background is what he brings to a police report: reading it for what it proves, not just what it assumes.

He represents clients throughout Vanderburgh, Warrick, Spencer, and Perry counties, from the Evansville area to Rockport, Tell City, and Boonville.

Contact Us for Help

If you have been charged with carrying or possessing a firearm after a felony conviction in Southern Indiana, or expect to be, the earlier a defense begins, the more can be done. Call our office at (812) 301-6221 or contact us online. The first consultation is free.

Remember: Indiana bars every felon from carrying a handgun and a serious violent felon from possessing any firearm, and federal law bars every felon from possessing any firearm or ammunition; which applies, and how serious the charge is, depends on the conviction and on the item.

This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific circumstances. Contact our office to discuss your particular situation.