Indiana criminal charge
Dangerous possession and unlawful transfer of a firearm in Indiana
Dangerous possession and unlawful transfer of a firearm is a criminal offense under Indiana law, defined by Ind. Code § 35-47-10-5. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-47-10-5.
What is the penalty for dangerous possession and unlawful transfer of a firearm in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Dangerous possession of a firearm — base offense — A child knowingly, intentionally, or recklessly possesses a firearm for a purpose other than one described in section 1 of the chapter.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Dangerous possession of a firearm — base offense — A child knowingly, intentionally, or recklessly possesses a firearm for a purpose other than one described in section 1 of the chapter.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 1 years to 6 years (Dangerous possession of a firearm — prior offense or aggravated location — The child has a prior conviction or delinquency adjudication under this section or IC 35-47-2-1.5, or the offense is committed on or within 500 feet of school property or on a school bus.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Dangerous possession of a firearm — prior offense or aggravated location — The child has a prior conviction or delinquency adjudication under this section or IC 35-47-2-1.5, or the offense is committed on or within 500 feet of school property or on a school bus.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Unlawful transfer of a firearm to an ineligible or crime-intending child — A child knowingly or intentionally provides a firearm to another child known to be ineligible to receive it from a dealer or known to intend to use it to commit a crime.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Unlawful transfer of a firearm to an ineligible or crime-intending child — A child knowingly or intentionally provides a firearm to another child known to be ineligible to receive it from a dealer or known to intend to use it to commit a crime.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 3 years to 16 years (Unlawful transfer of a firearm resulting in murder — The other child uses the transferred firearm to commit murder.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Unlawful transfer of a firearm resulting in murder — The other child uses the transferred firearm to commit murder.) | discretionary | Ind. Code § 35-50-2-5 |
Applies to current.
How is dangerous possession and unlawful transfer of a firearm classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Dangerous possession of a firearm — base offense | Class A Misdemeanor | A child knowingly, intentionally, or recklessly possesses a firearm for a purpose other than one described in section 1 of the chapter. | Ind. Code § 35-47-10-5(a) |
| Dangerous possession of a firearm — prior offense or aggravated location | Level 5 Felony | The child has a prior conviction or delinquency adjudication under this section or IC 35-47-2-1.5, or the offense is committed on or within 500 feet of school property or on a school bus. | Ind. Code § 35-47-10-5(a) |
| Unlawful transfer of a firearm to an ineligible or crime-intending child | Level 5 Felony | A child knowingly or intentionally provides a firearm to another child known to be ineligible to receive it from a dealer or known to intend to use it to commit a crime. | Ind. Code § 35-47-10-5(b) |
| Unlawful transfer of a firearm resulting in murder | Level 3 Felony | The other child uses the transferred firearm to commit murder. | Ind. Code § 35-47-10-5(b) |
Common questions about dangerous possession and unlawful transfer of a firearm in Indiana
Is dangerous possession and unlawful transfer of a firearm a felony or a misdemeanor in Indiana?
It depends on the circumstances: dangerous possession and unlawful transfer of a firearm ranges from a Class A Misdemeanor to a Level 3 Felony in Indiana under Ind. Code § 35-47-10-5.
Dangerous possession of a firearm — base offense: Class A Misdemeanor (Ind. Code § 35-47-10-5(a)) · Dangerous possession of a firearm — prior offense or aggravated location: Level 5 Felony (Ind. Code § 35-47-10-5(a)) · Unlawful transfer of a firearm to an ineligible or crime-intending child: Level 5 Felony (Ind. Code § 35-47-10-5(b)) · Unlawful transfer of a firearm resulting in murder: Level 3 Felony (Ind. Code § 35-47-10-5(b))
What are the penalties for dangerous possession and unlawful transfer of a firearm in Indiana?
Penalties for dangerous possession and unlawful transfer of a firearm in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 3 Felony — with the ranges set by Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-5; the full table of ranges by variant is published on this page.
Which Indiana statute covers dangerous possession and unlawful transfer of a firearm?
Dangerous possession and unlawful transfer of a firearm is governed by Ind. Code § 35-47-10-5 (Dangerous possession and unlawful transfer of a firearm).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.