Unlawful Possession of a Firearm in Indiana: Charges and Penalties

Penalties for unlawful possession of a firearm in Indiana range from a Class A misdemeanor, punishable by up to one year in jail and a $5,000 fine, to a Level 4 felony carrying two to twelve years in prison. Which charge applies depends on why you are prohibited, what kind of firearm is involved, where you had it, and whether you have prior convictions. Federal charges under 18 U.S.C. § 922(g) can stack on top of the state case, adding up to ten more years.

Indiana became a permitless carry state on July 1, 2022, so most adults no longer need a license to carry a handgun. That change did nothing for people in a prohibited category. If you were barred from possessing a firearm before permitless carry, you still are, and the penalties below still apply.

Who Cannot Possess a Firearm in Indiana

Indiana’s prohibited-person list under IC 35-47-2-1.5 covers, among others:¹

Anyone convicted of a state or federal crime punishable by more than one year in prison
Anyone convicted of domestic battery, a domestic violence crime, or criminal stalking whose firearm rights have not been restored
Anyone restrained by an order of protection under IC 34-26-5 (workplace violence orders do not count)
Fugitives from justice and anyone currently under indictment for a felony
Anyone adjudicated mentally defective or committed to a mental institution
Anyone adjudicated dangerous under Indiana’s Jake Laird Law (IC 35-47-14-6)
Anyone dishonorably discharged from the military or National Guard
Anyone who has renounced U.S. citizenship
Noncitizens
Anyone under 18, and anyone under 23 previously adjudicated delinquent for an act that would qualify as a serious violent felony, unless authorized under IC 35-47-10

Federal law under 18 U.S.C. § 922(g) adds a few categories that Indiana’s list does not spell out the same way, most notably anyone who is an unlawful user of or addicted to a controlled substance and anyone convicted of a misdemeanor crime of domestic violence in any court.²

Unlawful Carrying by a Prohibited Person: Class A Misdemeanor

Under IC 35-47-2-1.5, a prohibited person who carries a handgun commits a Class A misdemeanor. That means up to one year in jail and a fine of up to $5,000.³

This is the baseline charge. It covers, for example, a person subject to a qualifying protective order who is stopped with a handgun on their person or in their car, or someone under indictment for a felony who is caught carrying. The misdemeanor level assumes no aggravating factor beyond the prohibited status itself.

When Unlawful Carry Becomes a Level 5 Felony

Two situations elevate the same conduct to a Level 5 felony, which carries one to six years in prison and a fine of up to $10,000:³

The person carried the handgun on or within 500 feet of school property or on a school bus.
The person has a prior unlawful-carry conviction or any felony conviction within the previous 15 years.

The 15-year lookback captures a wide slice of prior records. Any felony counts, not just firearm felonies, so someone whose only prior is a drug or theft felony from within that window faces the felony version rather than the misdemeanor if they are prohibited and caught carrying.

Possession by a Serious Violent Felon: Level 4 Felony

IC 35-47-4-5 is the most serious general prohibited-possession statute in Indiana. A “serious violent felon” who possesses any firearm commits a Level 4 felony.⁴ The sentencing range runs from two to twelve years, with an advisory sentence of six years and a possible fine of up to $10,000.⁵

Two things about this statute matter. First, it reaches any firearm, not just handguns, and it applies whether the person was carrying the gun in public or simply had it at home. Second, the “serious violent felon” label is defined by the underlying conviction. It covers murder, attempted murder, voluntary manslaughter, kidnapping, rape, robbery, carjacking, felony-level arson, and certain degrees of battery, domestic battery, burglary, and criminal confinement, among other offenses.⁴ If the prior conviction is on the list, the possession charge is a Level 4 felony regardless of how the firearm was being used at the time.

Possession by a Domestic Batterer

Indiana treats domestic battery convictions under a separate possession statute. A person convicted of domestic battery under IC 35-42-2-1.3 who possesses any firearm commits unlawful possession of a firearm by a domestic batterer, a Class A misdemeanor punishable by up to one year in jail and a $5,000 fine.⁶

The statute provides a complete defense if the person’s firearm rights have been restored through the court process under IC 35-47-4-7. That restoration is not automatic and has to happen before the possession, not after the fact.

Dangerous Possession by a Minor

IC 35-47-10-5 makes it a Class A misdemeanor for a child to possess a firearm for any purpose other than an exempt activity such as hunting or supervised target shooting. A second offense, or a prior delinquency adjudication for the same conduct, elevates the charge to a Level 5 felony.⁷

The same statute reaches minors who supply firearms to other minors. Providing a firearm to another minor whom you know is ineligible to buy one, or who you know plans to commit a crime, is a Level 5 felony. If the recipient uses that firearm to commit murder, the charge becomes a Level 3 felony, carrying three to sixteen years in prison.

Federal Charges Can Stack on Top

Federal prosecutors can charge the same conduct separately under 18 U.S.C. § 922(g), and the penalties do not replace the state case. Federal prohibited-possession convictions carry up to ten years in federal prison. Indiana law enforcement regularly refers firearms cases to federal prosecutors, especially when the defendant has a violent criminal history.²

This is where people are most often caught off guard. A category that seems minor at the state level, such as being an unlawful user of a controlled substance, can produce a federal case even when Indiana would not charge you at all.

Restoring Firearm Rights

Getting rights back is possible in some cases, though never guaranteed and never quick.

For domestic battery convictions, IC 35-47-4-7 sets a minimum five-year wait after the conviction before you can petition the court for restoration. The court weighs whether you have been subject to any protective orders, whether you completed any required substance abuse or parenting programs, whether you still pose a threat to the original victim, and any other relevant circumstances. The court can attach conditions. If your petition is denied, you must wait at least one year before filing again.⁸

For other felony convictions, expungement under Indiana’s Second Chance Law is the typical route. Waiting periods vary by offense severity, and a successful expungement does not automatically restore firearm rights for every conviction type. A governor’s pardon is another possibility but is rare.

One trap worth knowing about: even if Indiana restores your state firearm rights, the federal prohibition under 18 U.S.C. § 922(g) may still apply. Federal law has its own standards for what counts as a qualifying restoration, and a state expungement does not always satisfy them. Someone can believe their rights are fully restored, buy or possess a firearm, and still be exposed to a federal charge. That is the situation where getting an attorney’s guidance before you touch a firearm matters most.

If you are unsure of your status, the Indiana State Police recommend applying for the free state handgun license. The background check built into the application will surface any disqualifying record, which is a better way to find out than during a traffic stop.¹

1
Indiana State Police. Indiana Firearm Permitless Carry Information
2
Office of the Law Revision Counsel. United States Code Title 18 Section 922
3
Indiana General Assembly. Indiana Code 35-47-2-1.5 – Unlawful Carrying of a Handgun
4
Indiana General Assembly. Indiana Code 35-47-4-5 – Unlawful Possession of Firearm by Serious Violent Felon
5
Indiana General Assembly. Indiana Code 35-50-2-5.5 – Level 4 Felony
6
Indiana General Assembly. Indiana Code 35-47-4-6 – Unlawful Possession of a Firearm by a Domestic Batterer
7
Indiana General Assembly. Indiana Code 35-47-10-5 – Dangerous Possession and Unlawful Transfer of a Firearm
8
Indiana General Assembly. Indiana Code 35-47-4-7 – Restoration of Right to Possess Firearm