Understanding the Criminal Justice System
Firearms are among the most heavily regulated products that anyone can buy, own, or use. And while Indiana has fewer restrictions and conditions on firearm purchases and use than many other states, there are still situations where what you do with a firearm can violate Indiana law. And in some cases, that may also violate Federal law, which can leave you in the position of, in theory, being prosecuted by both state and federal authorities.
As a practical matter, this rarely happens. But it’s possible. Here are some examples of areas where federal and Indiana law overlap when it comes to firearms. Note that at Razumich & Associates, we are ready to defend you no matter who is prosecuting you.
A “serious violent felon” who “knowingly or intentionally possesses a firearm” can be convicted of a Level 4 felony in Indiana. A Level 4 felony can result in a sentence of from 2 to 12 years in prison and a fine of up to $10,000.
Under Federal law, anyone who has been convicted of a crime punishable by imprisonment for a period of more than one year (which includes many felonies in Indiana) and who possesses “any firearm or ammunition” can be imprisoned for up to 15 years.
Buying a firearm with the intent to sell or give it to someone who is not eligible to own or possess it is also illegal under both Indiana and Federal law.
In Indiana, if you sell or give a handgun or a machine gun to most people under the age of 18, or to someone who you know is ineligible to have the gun, such as a felon, you can be convicted of a level 5 felony with a potential sentence of 1 to 6 years.
Under Federal law, a person who engages in such a “straw purchase” can face up to 15 years in prison.
In Indiana, possessing a firearm that has had its identification marks (serial numbers) removed is a Level 5 felony. Federal law punishes ownership of firearms with obliterated or changed serial numbers with up to 5 years in prison.
Both Indiana and Federal law criminalize possession of a firearm on school property, with the Federal prohibition extending to 1000 feet of a school zone. Under Indiana law, it is a Level 6 felony, punishable by from 6 months to 2-1/2 years in prison. Violation of the Federal prohibition can lead to a prison sentence of up to 5 years.
If you are facing state or federal criminal charges related to your ownership or use of firearms, Razumich & Associates is here to help. Our experienced criminal attorneys represent clients in both state and federal courts all across Indiana. We understand the laws and court procedures that apply in these cases, and we will fight to defend you against the allegations you are facing.
Call Razumich & Associates today at 317-983-5333, or complete our online contact form, and we will schedule a free, no-obligation case evaluation. Tell us about your case, and let us explain how we are ready to fight for you.
