IN law on Felons with Firearms

[Indiana Homestead]

Hey all, great forum! This place is active, awesome!

I have a quick question. When I was 18 years old (32 now) I received a Class C Felony (battery resulting in serious bodily injury.) It was a young and dumb fluke... not a violent person, but that's beside the point.

I called an attorney the other day asking if it were possible to reduce the felony to a class A misdemeanor. He said because it was a "violent" crime that there is no way in hell... never.

So I started searching for other options for home defense and came across PCP air rifles, which can supposedly take down a deer!

Sounds like that's what I need, but over at the wilderness survival forums a guy said I may not even be able to legally own that due to IN's strict laws on what constitutes a firearm.

Anyone know if I could legally own a PCP air rifle? And/or any other suggestions?

Thanks!

 

[jmiller676]

how about just a good blade and take some hand-hand fighting classes.

 

[Indiana Homestead]

That would be the last resort. There's got to be a better option though. I'm thinking air rifles are not fire arms. Obviously they're NOT, but does Indiana law say they are?

 

[Audie Murphy]

IIRC you can own black powder pistols and rifles. If I'm wrong I am sure someone better versed will chime in.

 

[downzero]

Why don't you ask your attorney?

 

[Indiana Homestead]

IIRC you can own black powder pistols and rifles. If I'm wrong I am sure someone better versed will chime in.

I've been told that in the state of IN BP guns are still considered firearms and felons cannot possess them. I don't know the laws well at all though, which is why I'm hoping to get some more definitive answers here.

 

[Rookie]

IC 35-47-1

An air rifle is not a firearm.

 

[Indiana Homestead]

Why don't you ask your attorney?

I don't really "have" one. I could pay one for a consultation, but why not ask a bunch of gun experts here instead?

The attorney I asked about the downgrade was just someone I found on the internet.

 

[Indiana Homestead]

IC 35-47-1

An air rifle is not a firearm.

Awesome! That's what I was looking for. Thanks!

 

[Rookie]

Yup.

 

[eldirector]

Indiana's definition of a firearm:
Indiana Code 35-47-1

IC 35-47-1-5
"Firearm"

Sec. 5. "Firearm" means any weapon:
(1) that is:
(A) capable of expelling; or
(B) designed to expel; or
(2) that may readily be converted to expel;
a projectile by means of an explosion.
As added by P.L.311-1983, SEC.32. Amended by P.L.3-2008, SEC.254.

So, it appears that an air gun is not a firearm, by Indiana Code.

BTW: Black powder guns are still firearms, and still illegal for Serious Violent Felons to possess in Indiana.

 

[HoughMade]

"Firearm" means any weapon:

(1) that is:

(A) capable of expelling; or

(B) designed to expel; or

(2) that may readily be converted to expel;

a projectile by means of an explosion.


Burns Ind. Code Ann. § 35-47-1-5

...but before I went buying anything, I'd double check that there was not some other definition lurking out there. It's a class B felony for a person who has committed a "serious violent felony" to possess a firearm.

 

[Westside]

I don't really "have" one. I could pay one for a consultation, but why not ask a bunch of gun experts here instead?

The attorney I asked about the downgrade was just someone I found on the internet.

Because one has professionally studied law and passed a test that says he/she is competent to give sound legal advice. And the other is a bunch or "internet experts"

But hey who cares about that.

Paging Kirk or guy! Paging Kirk or Guy.

 

[daddymikey1975]

Consult with a real attorney about something this serious not a bunch of 'ppl on the interwebs' (not that I don't trust the opinions here )

 

[HoughMade]

Because one has professionally studied law and passed a test that says he/she is competent to give sound legal advice. And the other is a bunch or "internet experts"

But hey who cares about that.

Paging Kirk or guy! Paging Kirk or Guy.

Excellent points. Besides, we like to feel like all that time and money spent studying something actually counts for something.

 

[Denny347]

Actually there is no STATE law in Indiana that prohibits a felon to posses a firearm unless it is a "serious violent felony" listed in the statute. Now Federally...it's a BIG nono.

 

[HoughMade]

The OP's Class C felony battery is on the list.

 

[Denny347]

The OP's Class C felony battery is on the list.

Well, that sucks.

 

[cagilber]

Now that it's forum knowledge that he's a felon I would also assume that it would be illegal for him (once he hits 50 posts) to go into the Classifieds and buy a gun as well as illegal for someone on the forum to sell him one.

Sellers beware?

 

[Rookie]

Except he was asking about air rifles.