Indiana criminal charge
Permitting child to possess a firearm in Indiana
Permitting child to possess a firearm is a criminal offense under Indiana law, defined by Ind. Code § 35-47-10-7. 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 § 35-47-10-7.
What is the penalty for permitting child to possess a firearm in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Dangerous control of a child (base offense) — A parent or legal guardian knowingly, intentionally, or recklessly permits the child to possess a firearm while aware of a substantial risk the child will use it to commit a felony and fails to make reasonable efforts to prevent that use, or when the child has been convicted of or adjudicated for a crime of violence.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Dangerous control of a child (base offense) — A parent or legal guardian knowingly, intentionally, or recklessly permits the child to possess a firearm while aware of a substantial risk the child will use it to commit a felony and fails to make reasonable efforts to prevent that use, or when the child has been convicted of or adjudicated for a crime of violence.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Dangerous control of a child (prior conviction) — The offense is elevated when the parent or legal guardian has a prior conviction under this same section.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Dangerous control of a child (prior conviction) — The offense is elevated when the parent or legal guardian has a prior conviction under this same section.) | discretionary | Ind. Code § 35-50-2-5.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is permitting child to possess a firearm classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Dangerous control of a child (base offense) | Level 5 Felony | A parent or legal guardian knowingly, intentionally, or recklessly permits the child to possess a firearm while aware of a substantial risk the child will use it to commit a felony and fails to make reasonable efforts to prevent that use, or when the child has been convicted of or adjudicated for a crime of violence. | Ind. Code § 35-47-10-7undefined |
| Dangerous control of a child (prior conviction) | Level 4 Felony | The offense is elevated when the parent or legal guardian has a prior conviction under this same section. | Ind. Code § 35-47-10-7undefined |
Common questions about permitting child to possess a firearm in Indiana
Is permitting child to possess a firearm a felony or a misdemeanor in Indiana?
It depends on the circumstances: permitting child to possess a firearm ranges from a Level 5 Felony to a Level 4 Felony in Indiana under Ind. Code § 35-47-10-7.
Dangerous control of a child (base offense): Level 5 Felony (Ind. Code § 35-47-10-7) · Dangerous control of a child (prior conviction): Level 4 Felony (Ind. Code § 35-47-10-7)
What are the penalties for permitting child to possess a firearm in Indiana?
Penalties for permitting child to possess a firearm in Indiana depend on how it is classified — from a Level 5 Felony up to a Level 4 Felony — with the ranges set by Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-5.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers permitting child to possess a firearm?
Permitting child to possess a firearm is governed by Ind. Code § 35-47-10-7 (Permitting child to possess 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.