Indiana has long recognized the rights of responsible citizens to own and carry firearms. However, there are specific state and federal laws that limit who may legally possess or purchase a gun. Understanding what disqualifies you from owning a gun in Indiana is crucial to avoiding legal problems. Whether you currently own firearms, plan to buy one, or want to restore your gun rights after a conviction, knowing these restrictions helps you stay compliant with the law.
At Hayes Law Office, we represent clients across Indiana who are navigating firearm laws and criminal records. If you’re uncertain about your eligibility to own or carry a firearm, it’s important to seek legal guidance before making any purchase or applying for a permit.
Criminal Convictions That Disqualify You from Owning a Gun in Indiana
The most common reason someone becomes ineligible to own or possess a firearm in Indiana is a criminal conviction. Both state and federal law impose restrictions on individuals with certain types of convictions.
Felony Convictions and Firearm Possession
Generally speaking, federal law sets the groundwork for gun law and states provide their interpretation. A good example is the current trend of many states, like Indiana, choosing to become constitutional carry, which means you do not need a permit to carry a gun. State law does not overrule federal law though, meaning felons prohibited from carrying firearms can’t do so regardless of any state regulation.
- Under Indiana Code § 35-47-4-5, anyone convicted of a serious violent felony is prohibited from possessing a firearm.
- Serious violent felonies include offenses such as murder, voluntary manslaughter, kidnapping, rape, robbery, and aggravated battery.
- Federal law, under 18 U.S.C. § 922(g), also prohibits any person convicted of a felony punishable by more than one year in prison from owning or possessing a firearm.
- This restriction applies even if the conviction occurred outside of Indiana.
In addition, individuals with felony convictions may face permanent loss of firearm rights unless they receive a formal restoration of rights through the court system. Attempting to purchase or possess a gun without having your rights restored can lead to new felony charges and serious legal penalties.
Domestic Violence Convictions
A domestic violence conviction can also disqualify someone from owning or carrying a firearm. Both federal and state laws restrict gun possession for individuals convicted of domestic violence offenses, even if the conviction was for a misdemeanor.
Under Indiana law, a misdemeanor domestic battery conviction makes it illegal to possess a firearm unless your rights have been restored through a specific court process. This process involves petitioning the court and demonstrating that you no longer pose a threat to intimate partners or family members.
If you are facing domestic violence charges, it’s important to understand that a conviction could result in the loss of your firearm rights, sometimes permanently.
Other Offenses That May Affect Gun Ownership
Some offenses that are not classified as violent crimes or felony crimes can still impact your ability to own or purchase a gun.
Drug-Related Offenses
Under both federal and Indiana law, individuals who are unlawful users of controlled substances or who have prior drug-related convictions may be prohibited from possessing firearms. This restriction applies to those with recent drug use, ongoing substance abuse, or certain misdemeanor drug convictions.
Even if you were never convicted but have a record of substance use that appears in official documents, it can cause a failed background check when attempting to purchase a firearm.
Juvenile Offenses or Probation Conditions
Juvenile adjudications for certain crimes may temporarily restrict your ability to possess a firearm until you reach adulthood. Additionally, if you are currently on probation, parole, or community supervision, one of your conditions may include a restriction on possessing firearms.
This restriction is often overlooked, but violating it can result in serious consequences, including revocation of probation or new criminal charges.
If you have questions about how a juvenile record affects your gun rights, an attorney familiar with juvenile crimes in Indiana can review your situation and explain your options.
Court Orders and Mental Health Restrictions
Beyond criminal convictions, certain court orders and mental health determinations can also prevent you from legally possessing a gun.
Protective and No-Contact Orders
Individuals who are currently subject to a restraining order, protective order, or no-contact order related to domestic violence, stalking, or harassment may not possess or purchase firearms while the order is active.
Once the order expires or is lifted by the court, your firearm rights may be reinstated. However, you should never assume your eligibility has been restored without consulting an attorney, as other restrictions may still apply.
Mental Health Adjudications
If a court has determined that you are a danger to yourself or others due to mental illness, or if you have been involuntarily committed to a mental health facility, you may be disqualified from owning a firearm under both federal and Indiana law.
These restrictions are based on public safety concerns but can sometimes unfairly impact individuals who have recovered or received treatment. If your disqualification stems from a past mental health issue, it may be possible to petition for restoration of your firearm rights after demonstrating stability and ongoing care.
Pending Criminal Charges and DUIs
Even if you have not been convicted, pending criminal charges can complicate your ability to purchase or possess a firearm.
How Pending Charges Impact Gun Purchases
When you apply to purchase a gun in Indiana, the background check process includes a review of pending criminal charges. Certain pending cases, especially those involving violence, domestic issues, or weapons, may result in a temporary denial of your purchase.
If the charges are dismissed or you are found not guilty, you may later be eligible to own a firearm again. However, the record of the arrest may still appear on background checks, which could delay or prevent approval.
DUIs and Firearm Rights in Indiana
A single DUI conviction typically does not disqualify someone from owning a gun. However, multiple DUI convictions or DUIs involving injury, drugs, or reckless conduct may raise concerns about your ability to safely own or operate a firearm.
If your driver’s license was suspended or you are on probation for a DUI, review your conditions carefully to ensure there are no restrictions related to firearm possession.
Can Your Firearm Rights Be Restored in Indiana?
In many cases, it is possible to have your firearm rights restored after they have been lost due to a conviction or other disqualification. The process depends on the reason for your loss of rights and whether your conviction was at the state or federal level.
Restoration typically involves:
- Completing all sentencing requirements, including probation or parole
- Maintaining a clean criminal record for a period of time
- Petitioning the court for restoration of rights
- Providing evidence of rehabilitation and good character
Certain felony convictions, especially those involving violence, may permanently bar firearm possession. However, for others, restoration is possible with proper legal representation.
An experienced criminal defense attorney can evaluate your eligibility and guide you through the petition process to restore your rights legally and safely.
How Hayes Law Office Can Help Protect Your Rights
The attorneys at Hayes Law Office have extensive experience handling firearm-related legal issues, from criminal defense to rights restoration. Whether you are facing charges that could affect your gun ownership or seeking to clear a past conviction, our team can help you understand your options under Indiana and federal law.
We regularly assist clients with expungements, rights restoration petitions, and criminal defense representation for firearm possession charges. Our goal is to help you protect your future and ensure your rights are handled correctly from the start.
Don’t Risk Criminal Charges — Know Your Legal Standing
Possessing a firearm when you are legally prohibited from doing so can lead to serious criminal charges, including felonies that carry lengthy prison sentences. Before purchasing, carrying, or keeping a gun, make sure you understand whether you are legally allowed to do so.
If you’re unsure of your status or want to explore restoring your rights, contact Hayes Law Office for a private consultation. We can review your history, explain your options, and take steps to protect your rights under Indiana law. Our firm believes in the rule of law, and we have years of experience helping our clients understand their rights and work to help normalize their life.
To speak with one of our qualified attorneys, contact us today at (317) 759-1515 and let us help you review your legal standing and restore your rights.
