Indiana criminal charge
Unlawful possession of a firearm by a dangerous person in Indiana
Unlawful possession of a firearm by a dangerous person is a criminal offense under Indiana law, defined by Ind. Code § 35-47-4-9. 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 § 35-47-4-9.
What is the penalty for unlawful possession of a firearm by a dangerous person in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Unlawful possession by adjudicated delinquent (base offense) — A person adjudicated delinquent for an act while armed with a firearm that would be a serious violent felony if committed by an adult, who is under the applicable age threshold (26 or 28 depending on the felony level of the delinquent act), knowingly or intentionally possesses a firearm.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Unlawful possession by adjudicated delinquent (base offense) — A person adjudicated delinquent for an act while armed with a firearm that would be a serious violent felony if committed by an adult, who is under the applicable age threshold (26 or 28 depending on the felony level of the delinquent act), knowingly or intentionally possesses a firearm.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Unlawful possession by adjudicated delinquent with prior conviction — The offense described in subsection (b) is enhanced when the person has a prior unrelated conviction under this section.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Unlawful possession by adjudicated delinquent with prior conviction — The offense described in subsection (b) is enhanced when the person has a prior unrelated conviction under this section.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is unlawful possession of a firearm by a dangerous person classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful possession by adjudicated delinquent (base offense) | Level 6 Felony | A person adjudicated delinquent for an act while armed with a firearm that would be a serious violent felony if committed by an adult, who is under the applicable age threshold (26 or 28 depending on the felony level of the delinquent act), knowingly or intentionally possesses a firearm. | Ind. Code § 35-47-4-9(b) |
| Unlawful possession by adjudicated delinquent with prior conviction | Level 5 Felony | The offense described in subsection (b) is enhanced when the person has a prior unrelated conviction under this section. | Ind. Code § 35-47-4-9(b) |
Common questions about unlawful possession of a firearm by a dangerous person in Indiana
Is unlawful possession of a firearm by a dangerous person a felony or a misdemeanor in Indiana?
It depends on the circumstances: unlawful possession of a firearm by a dangerous person ranges from a Level 6 Felony to a Level 5 Felony in Indiana under Ind. Code § 35-47-4-9.
Unlawful possession by adjudicated delinquent (base offense): Level 6 Felony (Ind. Code § 35-47-4-9(b)) · Unlawful possession by adjudicated delinquent with prior conviction: Level 5 Felony (Ind. Code § 35-47-4-9(b))
What are the penalties for unlawful possession of a firearm by a dangerous person in Indiana?
Which Indiana statute covers unlawful possession of a firearm by a dangerous person?
Unlawful possession of a firearm by a dangerous person is governed by Ind. Code § 35-47-4-9 (Unlawful possession of a firearm by a dangerous person).
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.