Facing Felony Gun Charges in Indiana: What Really Happens

Alex had always kept a handgun in his truck. After Indiana’s 2022 permitless carry law passed, he figured he was in the clear, legally, the gun was his, registered years earlier, and he’d never been in serious trouble. Then came the traffic stop on I-465.

A taillight was out. The officer claimed he smelled marijuana. Thirty minutes later, Alex was in handcuffs facing a Level 4 felony charge: unlawful possession of a firearm by a serious violent felon. The “serious violent felon” part came from a robbery conviction fifteen years earlier that Alex thought had been sealed. It hadn’t.

That night in the Marion County Jail, staring at the concrete wall, Alex realized something most people only learn the hard way: Indiana’s gun laws don’t care what you thought the rules were.

How Indiana Actually Classifies Felony Gun Charges

The charges people face most often look like this:

• Unlawful possession by a serious violent felon (IC 35-47-4-5) – Level 4 felony, 2–12 years.

• Pointing a firearm (IC 35-47-4-3) – usually a Level 6 felony unless someone gets hurt.

• Possession on school property or within 500 feet of school grounds when kids are present – Level 6 felony.

• Carrying a handgun in certain prohibited places (airport courthouses, etc.) – can still be a felony even after permitless carry.

• Any felony committed while armed – automatic sentencing enhancement.

Even if no shot is fired and no one is threatened, a conviction still brands you a felon for life unless you later fight to get it expunged.

The Night Everything Went Sideways

The officer’s body cam showed the stop was routine until the K9 arrived. The dog alerted on the center console. Inside was Alex’s Glock and a small baggie with residue. Alex swore the baggie belonged to his cousin who had borrowed the truck two days earlier. The prosecutor didn’t care; the gun and the prior felony were enough.

At the first court appearance, the judge set bond at $25,000 cash. Alex couldn’t post it. He sat in jail for six weeks waiting for a public defender who had 180 other cases.

What a Lawyer Can Actually Do (When They Finally Show Up)

Eventually Alex’s family scraped together enough for a private attorney. Within a week the lawyer did four things the public defender never got around to:

1. Pulled the body-cam and dash-cam footage and noticed the dog handler cued the alert.

2. Discovered the 15-year-old robbery conviction had been set aside under Indiana’s Second Chance Law two years earlier – meaning Alex was no longer legally a “serious violent felon.”

3. Filed a motion to suppress the gun because the prolonged detention after the taillight stop was unconstitutional once the officer admitted he no longer smelled marijuana.

4. Sent a letter to the prosecutor pointing out the conviction no longer qualified. The felony charge was dismissed the same day.

Alex walked out with a misdemeanor possession-of-marijuana charge and time served. That’s why having an experienced Indianapolis criminal attorney by your side is essential to safeguard your future, freedom, and reputation against aggressive prosecutorial actions.

Common Ways These Cases Fall Apart

From court watchers and defense attorneys in Marion and surrounding counties, the same cracks appear over and over:

• Old convictions that were supposed to be sealed or set aside still show up on the charging documents.

• Traffic stops that last 45–90 minutes until a dog shows up, long after any reasonable suspicion has expired.

• Guns found in shared vehicles or homes where “constructive possession” is nearly impossible to prove beyond a reasonable doubt.

• Body-cam footage that shows officers opening doors or containers before probable cause exists.

When those cracks are exposed early, many felony gun cases collapse before trial.

What Happens If You Lose

If the evidence holds and the prior felony is still valid, the sentences are brutal:

• Level 6: 6 months–2½ years

• Level 5: 1–6 years

• Level 4: 2–12 years (and 6 years is common on a plea)

Plus lifetime loss of gun rights, voting rights while incarcerated, and the felony box on every job and apartment application for the rest of your life.

After the Case Ends

Some people do get a second chapter. Five years after a conviction (ten for and for a Level 4 or higher), Indiana allows certain felony convictions to be expunged if you stay clean. A handful of people even get their gun rights restored, though the process is long and the federal government still won’t recognize it.

Alex’s record now shows the felony was dismissed. He still jumps every time he sees blue lights in the rear-view mirror, but he’s out, he’s working, and the gun charge is a story he tells to warn his younger cousins: the law changed, but it didn’t get simple, and one bad stop can still take everything if you don’t have someone who knows exactly where to look.

That’s the reality of felony gun charges in Indiana, no sales pitch, just what actually happens in those courtrooms every week.