Fighting Indiana Firearm Charges for Over 15 Years

Experienced and determined Fort Wayne criminal defense lawyer

Under Indiana law, illegal firearm possession means holding or carrying a gun in violation of licensing rules, prohibited-person statutes or location-based restrictions. The consequences range from criminal penalties to lasting limits on your rights. The Law Offices of Ryan E. Lackey in Fort Wayne has deep experience providing representation for individuals across Allen County in gun crime cases. We can help you confront the charges head-on, safeguard your record and build a strong defense. Whether you are charged with a concealed carry violation or other offense, we will work diligently to protect your rights. 

When is it illegal to possess a firearm in Indiana?

Indiana generally allows many adults to possess firearms lawfully. However, state law prohibits a person from owning or carrying a gun under specific circumstances. You may face criminal charges if you: 

• Have a felony conviction that prohibits firearm possession
• Are subject to certain qualifying protective or domestic violence orders
• Possess a firearm after being convicted of a serious violent felony
• Possess a firearm while otherwise prohibited under federal law
• Bring a firearm into a location where possession is prohibited by law

An experienced criminal defense lawyer can analyze whether law enforcement had legal grounds for the arrest and whether the prosecution can prove every required element of the offense. 

Is illegal possession of a firearm a misdemeanor or felony offense?

Illegal possession offenses are misdemeanors when they involve less serious violations. However, many cases are prosecuted as felonies, such as possession of a firearm by a serious violent felon. Several factors may affect the level of the charge, including the defendant’s criminal history, the type of firearm involved, whether another offense allegedly occurred at the same time and whether the prosecution claims the defendant was legally prohibited from possessing the firearm.

What happens if you are convicted of illegal possession of a firearm?

Depending on the severity of the offense, penalties for a conviction may include jail or prison time, substantial fines and probation. A conviction may also make it difficult or impossible to lawfully own or carry firearms. 

A conviction can lead to consequences that extend beyond fines or incarceration. It can remain part of your record for years, affecting employment opportunities, professional licensing, housing applications, educational opportunities, background checks and future firearm ownership rights

How can you protect your rights if charged with illegal possession of a firearm?

The following actions are vital to protecting your rights and preparing for a defense:

• Remain silent and avoid discussing your case with investigators without legal representation.
• Do not consent to additional searches unless officers have legal authority.
• Preserve relevant documents, receipts, photographs or communications.
• Follow all court dates and release conditions.
• Contact an experienced criminal defense lawyer as soon as possible.

After reviewing the evidence, our attorney evaluates whether the search and seizure of a firearm was lawful and whether the prosecution has sufficient evidence to support the charges. 

What steps can you take to restore your rights?

In some situations, Indiana law allows the restoration of a gun owner’s rights. The process includes:

• Determining why your rights were restricted
• Reviewing your criminal history and court records
• Confirming whether you qualify under Indiana law
• Filing the appropriate petition with the court, when permitted
• Attending any required hearings and complying with court orders

Not every individual qualifies for restoration and some federal restrictions may continue. 

Contact an Indiana attorney experienced in gun crime defense

At The Law Offices of Ryan E. Lackey in Fort Wayne, Indiana, we will thoroughly review your illegal possession case and work toward achieving the best outcome possible. We serve clients throughout Allen County. Please contact us online or call 260-222-7364 to arrange a free consultation.