Indiana gun charges can turn your life upside down in an instant. As an Indiana gun charges lawyer, I regularly defend clients throughout the state facing allegations of unlawful carrying of a handgun Indiana, possession of a firearm by a serious violent felon, pointing a firearm, criminal recklessness with a weapon, and related offenses. These cases carry serious penalties and long-term consequences that reach far beyond the courtroom, and I know firsthand how quickly a routine traffic stop or a misunderstanding can escalate into a felony prosecution that threatens your freedom, your job, and your Second Amendment rights.
If you have questions about a gun case, call me at 317-695-7700 or email me for a free consultation. Indiana gun laws have evolved significantly, especially with the introduction of permitless carry in 2022. Most adults over 18 who are legally allowed to possess firearms can now carry them openly or concealed without a permit. However, this freedom comes with strict limitations for certain individuals — especially those with prior convictions. I aggressively challenge every aspect of these cases because one constitutional violation can be the difference between a dismissal and a conviction.
Common Indiana Gun Charges I Defend
Unlawful carrying of a handgun Indiana remains one of the most frequent charges I see. Possession of a firearm by a serious violent felon (Indiana Code 35-47-4-5) is another serious Level 4 felony that applies to those with certain prior convictions. Pointing a firearm and criminal recklessness involving a weapon often arise from heated arguments or self-defense situations that get misinterpreted.
Other common charges include possession of a firearm with an obliterated serial number, illegal transfer or straw purchases, and possession after a domestic battery conviction. Whether you are searching for a gun charges lawyer Indianapolis or a possession of firearm by a serious violent felon attorney anywhere in Indiana, the key is understanding exactly how these statutes apply to your specific facts.
Constructive Possession and the Jones Case – The Key to Winning Many Gun Charges
Most gun cases I defend do not involve my client physically holding the firearm. Prosecutors rely on constructive possession — claiming my client knew about the gun and had the ability to control it. Indiana law on constructive possession is actually surprisingly defense-friendly. The landmark Jones case (often referred to as Cahisa Jones) makes clear that the State must show “additional circumstances” beyond mere proximity before it can establish constructive possession.
In a recent case I handled in Indianapolis, my client was charged after a firearm was discovered under the driver’s seat during a traffic stop. The vehicle belonged to my client, but there was no direct evidence linking him to the gun. The prosecution relied solely on proximity. There were no incriminating statements, no flight, no furtive gestures, no evidence of drug activity, and the gun was not in plain view. By highlighting these gaps and relying on the Jones decision, we secured a not guilty verdict at bench trial. The judge even noted the evidence was suspicious but agreed it did not prove guilt beyond a reasonable doubt.
Search and Seizure Issues – Where Many Gun Cases Are Won
The overwhelming majority of gun charges begin with a traffic stop. That is why I immediately examine whether the stop itself was lawful, whether the officer had reasonable suspicion to extend the stop, and whether any consent or search warrant was properly obtained. I taught suppression law for years and I know Article 1, Section 11 of the Indiana Constitution as well as the Fourth Amendment inside and out.
I have litigated countless suppression hearings involving broken windshields, plastic bags, pill bottles, and other pretexts officers sometimes use to justify searching a car. When those searches lead to the discovery of a firearm, I file detailed motions to suppress and, when necessary, take the case to trial.
Penalties for Indiana Gun Charges and Federal Overlap
Penalties vary by offense level. A Class A misdemeanor can mean up to one year in jail and $5,000 in fines. Level 6 felonies carry 6 months to 2.5 years, Level 5 felonies 1 to 6 years, and a Level 4 felony for serious violent felon in possession can mean 2 to 12 years. When gun charges cross into federal jurisdiction, the penalties become much harsher — up to 10 years or more under federal law, with mandatory minimums in many cases.
I do not simply negotiate pleas. I fight to have cases dismissed outright when the evidence was obtained illegally or when the State cannot prove every element of the offense. If you are looking for ways to get criminal charges dropped in Indiana, I encourage you to read my detailed article on the subject.
Frequently Asked Questions About Indiana Gun Charges
What should I do immediately after being arrested on a gun charge in Indiana?
Say nothing to law enforcement beyond identifying yourself and asking for a lawyer. Every statement can be used against you later. Call my office right away so we can begin protecting your rights and preserving evidence that may help your defense.
Can a gun charge be dismissed if the police searched my car illegally?
Yes. I have won numerous cases exactly this way. If the traffic stop was invalid or the search violated the Fourth Amendment or Indiana Constitution, I will file a motion to suppress the firearm. Without that evidence, the State often has no case.
Does it matter if the gun was not mine but was found in my vehicle?
It matters a great deal. The State must still prove you knew the gun was there and had the ability to control it. Relying on the Jones case, I have secured not-guilty verdicts and dismissals in passenger cases precisely because the prosecution could not meet that burden under Indiana law.
Will a gun charge affect my ability to own firearms in the future?
A felony conviction almost certainly will. That is why fighting the charge aggressively from the beginning is so important. Even some misdemeanors can trigger federal prohibitions. I work hard to keep my clients’ records clean so they can preserve their constitutional rights.
Can I carry a gun without a permit in Indiana?
Yes, under the 2022 permitless carry law for eligible adults. However, prohibited persons (those with certain prior convictions) still face serious charges if they possess a firearm.
What if the gun was found during an inventory search after a traffic stop?
Inventory searches have very strict rules. I have successfully suppressed handguns discovered during inventory searches when officers admitted they were really looking for evidence rather than conducting a proper inventory.
How important is the Jones case in constructive possession defenses?
It is often the single most important case. The Jones decision requires the State to show “additional circumstances” beyond simple proximity. I use it constantly and it has led to numerous dismissals and not-guilty verdicts.
Phone: 317-695-7700 Email: jeffcardella@cardellalawoffice.com Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204 I handle criminal defense cases throughout the entire State of Indiana, with a focus on the following locations:Contact Jeff Cardella for a Free Consultation
If you have additional questions, call me for a free consultation to discuss your case.
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