Indianapolis Felon in Possession of a Firearm Lawyer

In Indiana (IC 35-47-4-5), it is illegal for a “serious violent felon” to knowingly or intentionally possess a firearm. Even for non-violent felons, federal law generally prohibits firearm possession. If you have a qualifying prior conviction, simply having a gun in your control can lead to a Level 4 felony charge.

Possession does not strictly mean holding the gun in your hand. Indiana law recognizes two types: actual possession (on your person) and constructive possession (having the intent and capability to control the weapon, even if it is not physically on you).

Actual possession is straightforward: the gun was found in your pocket, waistband, or hands. Constructive possession is more complex; it applies if the gun was found in your home, car, or near you, and the state can prove you knew it was there and had the ability to access it.

Yes. Ownership is not required for a possession charge. If you are a convicted felon and are found in a vehicle or home with a gun—even one legally owned by a spouse or friend—you can be charged with constructive possession if you had access to it.

Under Indiana state law, this is typically a Level 4 Felony. Penalties can range from 2 to 12 years in prison, with an advisory sentence of 6 years, plus fines of up to $10,000. Federal penalties can be even more severe, potentially involving mandatory minimums.

Indiana statute lists specific crimes that classify you as a Serious Violent Felon, including murder, voluntary manslaughter, rape, robbery, kidnapping, and felony battery. If your prior conviction is on this list, you are permanently barred from possessing a firearm under state law.

Common defenses include arguing lack of knowledge (you didn’t know the gun was there), lack of control (you couldn’t access it), or challenging the legality of the police search (Fourth Amendment violations). Every case is unique, requiring a tailored strategy.

It is difficult but possible in certain situations. While federal bans are strict, Indiana allows for expungement which typically restores civil rights. However, for “Serious Violent Felons” or domestic violence offenders, restoration is complex and may require a pardon or specific judicial findings.

Expect the prosecution to focus heavily on proving “knowledge” and “control.” They will use body-cam footage, witness statements, and forensic evidence. Your defense will cross-examine these elements, often aiming to create reasonable doubt regarding whether you actually possessed the weapon.

A skilled attorney can file Motions to Suppress evidence if the police stopped you or searched your property illegally. If the evidence of the gun is thrown out, the case is often dismissed. We also negotiate with prosecutors to highlight weaknesses in their proof of possession.

This is a classic “constructive possession” scenario. The state must prove you specifically had control over the gun. If the gun was hidden or near another passenger, we can argue there is insufficient evidence to link the weapon exclusively or jointly to you.

Yes, and it also triggers a federal ban. Even a misdemeanor domestic violence conviction (MCDV) prohibits you from possessing a firearm under federal law (the Lautenberg Amendment). Indiana also has specific statutes prohibiting possession for domestic batterers.

Gun laws involve complex interplay between state and federal statutes, specific sentencing enhancements, and technical definitions of “possession.” A generalist may miss nuances in search and seizure law or the specific “Serious Violent Felon” statutes that a dedicated gun-crime lawyer knows inside and out.

If you have multiple prior unrelated felonies, the state may file a Habitual Offender enhancement, which can add a significant number of years (6 to 20 years depending on the level) to your underlying sentence for the gun possession charge.

“Necessity” is a rare and difficult defense for felons. While Indiana has strong self-defense laws, courts generally rule that a felon is prohibited from possessing a gun at all times, making the justification of self-defense hard to apply to the possession charge itself, though it may mitigate sentencing.