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Concealed Carry Violations

Experienced Fort Wayne Gun Crimes Defense Attorney 

Indiana lawyer fighting concealed carry violations for over 15 years

Indiana laws on carrying concealed firearms are complex. Even responsible gun owners can be accused of violating permit requirements, location restrictions, or transport rules. When your freedom, record and rights are on the line, you need a defense attorney who understands both the law and the realities of lawful gun ownership. The Law Offices of Ryan E. Lackey represents people in Fort Wayne, Allen County and across Indiana who are facing firearm-related charges. We will review the facts of your case and pursue the best legal options available.

What types of offenses qualify as concealed carry violations?

Although Indiana allows eligible adults to carry a firearm without a permit, restrictions still apply. Common situations that may lead to a criminal charge include:

  • Carrying as a prohibited person due to prior felony convictions, protective orders or other restrictions
  • Possessing a firearm in a restricted location, such as near schools, on school buses and in certain public areas
  • Possessing a handgun connected to another alleged offense, such as a domestic violence incident or an assault and battery
  • Carrying a firearm with altered identifying marks, such as when the manufacturer’s name or the serial number is scratched off

A traffic stop, drug investigation or domestic dispute becomes more serious when police find a firearm. Our criminal defense lawyer can review whether police had a lawful reason to stop, search or arrest you, since violations of your rights can be fatal to the prosecution’s case.

Can convicted felons possess firearms in Indiana?

In many cases, a convicted felon cannot lawfully possess a firearm. Indiana law is strict when the prior conviction qualifies as a serious violent felony. Federal law can also restrict firearm possession after a felony conviction, even when state law issues appear more complicated. 

Anyone with a felony record accused of unlawful firearm possession may face serious consequences if prosecutors claim they knowingly had control over the weapon. This can include actual possession, such as having the firearm on their body, or constructive possession, such as having access to a weapon found in their vehicle or home. 

Does Indiana treat concealed carry violations as misdemeanors or felonies?

Indiana may treat concealed carry violations as either misdemeanors or felonies, depending on the facts. Some unlawful carrying offenses may be charged as Class A misdemeanors. However, the charge can become a felony when aggravating circumstances are present.

Felony treatment may apply when the alleged offense involves school property, a prior weapon-related conviction or a person who is legally prohibited from possessing a firearm. Because a felony conviction can lead to incarceration and affect your long-term rights, it is important to understand the exact charge filed against you.

What are the penalties for conviction of concealed carry violations?

A conviction for a concealed carry violation can affect more than the immediate sentence. Possible consequences may include: 

  • Jail or prison time
  • Court fines and costs
  • Probation
  • Loss of firearm rights
  • A permanent criminal record
  • Employment problems
  • Immigration consequences for noncitizens
  • Enhanced penalties for future offenses

The penalties depend on the charge level, prior record and any additional criminal allegations.

What defenses are available if charged with concealed carry violations in Indiana?

Possible defenses depend on the facts of the arrest. In some cases, the defense may focus on whether you were legally allowed to possess the firearm. In others, the key issue may be whether the police violated your constitutional rights. Common defenses may include:

  • The firearm did not belong to you.
  • You did not know the firearm was present.
  • Police conducted an unlawful stop or search.
  • The weapon was not in your possession or control.
  • You were not in a restricted location.
  • The state cannot prove every element beyond a reasonable doubt.

Our lawyer challenges weak evidence and helps protect your rights after a firearm-related arrest in Indiana. 

Protect your rights after a firearm arrest 

If you have been accused of an Indiana concealed carry violation or another weapon-related offense, the Law Offices of Ryan E. Lackey in Fort Wayne can come to your defense. We represent clients throughout Allen County. Call 260-222-7364 or contact us online to schedule a free consultation. 

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  • Fort Wayne Office
    1519 Spy Run Ave.
    Fort Wayne, Indiana 46805
    Phone: 260-437-0197
    Fax: 260-745-4703