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Gun Crimes Attorney in Indianapolis, IN

Indiana’s permitless carry law has changed how firearms cases are charged, but it hasn’t changed how seriously prosecutors treat them. Since July 1, 2022, most adults 18 and older who aren’t prohibited from having a firearm can carry a handgun in Indiana without a license. At the same time, many firearm offenses remain on the books, and gun charges are often added to other cases in ways that can dramatically increase a sentence. Gun crimes cover charges like carrying a handgun while prohibited, unlawful possession of a firearm by a serious violent felon, pointing a firearm, criminal recklessness, possessing a firearm on school property, theft of a firearm, and federal firearm offenses.

The penalties depend on the charge and the person’s record. Carrying a handgun when a person isn’t allowed to, such as someone with certain convictions or a protective order, is generally a Class A misdemeanor and can be a Level 5 felony in situations like carrying near a school or with a recent felony conviction. Unlawful possession of a firearm by a serious violent felon is a Level 4 felony, carrying two to twelve years. Pointing a loaded firearm at another person is a Level 6 felony. Indiana also has a firearm sentencing enhancement that can add years to the sentence when a firearm is used in certain offenses. Federal charges are common too, especially for people with prior felony convictions, and a federal felon in possession charge carries up to fifteen years in prison.

Gun cases often turn on possession and on how the firearm was found. The defense may focus on whether the stop and search were lawful, whether the state can prove the person actually possessed a gun found in a shared car or home, whether the person was truly prohibited under the law, and whether the firearm was used in self-defense. The interaction between state and federal law can also be complicated, since a person may be allowed to carry under Indiana law but still be prohibited under federal law.

At RileyCate, we defend firearm charges in state and federal court, including cases where a gun charge has been added to another offense. Depending on the evidence, a gun charge may be dismissed, reduced, or taken to trial.

Firearm cases often hinge on search and seizure questions and constitutional issues that call for careful, trial-tested defense attorneys. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike. Both have argued before the Indiana Court of Appeals and the Indiana Supreme Court, which matters in firearm cases where search rulings and constitutional questions may need to be challenged on appeal.

Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.

Why Choose Us

Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.

We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.

Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.

We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.

About RileyCate

Do I need a license to carry a handgun in Indiana?

No, most adults 18 and older can carry a handgun in Indiana without a license since July 1, 2022, as long as they aren’t prohibited from having a firearm. People with certain convictions, protective orders, or other disqualifications still can’t legally carry. A license may still be useful for carrying in other states. An attorney can help you understand whether you’re prohibited.

Who is prohibited from having a gun in Indiana?

People who are prohibited include those with felony convictions, people convicted of domestic battery, people subject to certain protective orders, people with certain mental health adjudications, and people under 18 in most situations, among others. Federal law has its own list of prohibited people, which can differ from Indiana’s. An attorney can help you understand whether you fall into a prohibited category.

What is a serious violent felon charge?

Unlawful possession of a firearm by a serious violent felon is a Level 4 felony, carrying two to twelve years, that applies to people previously convicted of certain serious offenses, like robbery, burglary, or certain drug dealing offenses. These charges often arise from traffic stops or searches. An attorney can help you challenge the search and whether your prior conviction actually qualifies.

Can I be charged if the gun wasn't mine?

You can be charged, but the state still has to prove you knowingly possessed the firearm. When a gun is found in a shared car or home, the state may rely on constructive possession, which requires more than simply being near it. These cases are often weaker than they look. An attorney can help you challenge whether the evidence ties the gun to you.

What is the penalty for pointing a gun at someone in Indiana?

Pointing a loaded firearm at another person is a Level 6 felony, carrying six months to two and a half years, while pointing an unloaded firearm is generally a Class A misdemeanor. Self-defense can be a complete defense when the circumstances justified it. An attorney can help you gather the evidence that shows why you acted.

Can I face federal charges for a gun case in Indiana?

Yes. Federal prosecutors often bring firearm charges against people with prior felony convictions, people who possess guns while using controlled substances, and people who use a firearm during a drug or violent crime. Federal felon in possession charges carry up to fifteen years. An attorney can help you understand whether your case could be charged federally and how to respond.

What is the firearm sentencing enhancement?

Indiana allows prosecutors to seek an additional sentence when a person used a firearm while committing certain offenses, which can add years on top of the underlying sentence. The state has to prove the enhancement separately. An attorney can help you challenge the enhancement and whether it applies to the facts of your case.

Can I carry a gun in my car in Indiana?

Generally, yes, if you’re 18 or older and not prohibited from having a firearm. There are still places where firearms are restricted, like school property, and different rules apply for people under 18. Traffic stops involving firearms can quickly lead to charges if an officer believes you’re prohibited. An attorney can help you understand your rights.

If you’ve been charged with a gun crime, the search and the circumstances of the stop should be reviewed as early as possible. We offer a consultation to review the charges and explain your options. Reach out to RileyCate today to speak with a gun crimes attorney.