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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.
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.
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.