Charged with Unlawful Possession of a Firearm in South Bend

Facing a charge for unlawful possession of a firearm in South Bend is a serious matter that can affect your freedom, reputation, and future. Indiana has laws that allow responsible firearm ownership, but there are clear restrictions on who may legally possess a gun and under what circumstances. If you’re being charged with unlawful possession, the most important thing you can do is understand your rights and act quickly to protect them.

What Does Indiana Law Say About Firearm Possession?

Indiana law generally allows individuals 18 and older to possess firearms, but there are restrictions. For example, it is illegal for people who have been convicted of certain felonies, are under active protective orders, or have a documented history of mental illness to possess a firearm. Unlawful possession charges may also arise if someone carries a handgun without a license (prior to the state’s permit-less carry law in 2022) or brings a firearm into a restricted area such as a school or courthouse.

In many cases, people are charged simply for being in the wrong place at the wrong time or due to misunderstandings with law enforcement. That’s why having a strong legal defense is so important.

What Are the Penalties for Unlawful Possession of a Firearm in Indiana?

Unlawful possession of a firearm can be charged as a Class A misdemeanor or a Level 5 or Level 6 felony, depending on the facts of your case. A conviction could result in:

• Jail or prison time
• Significant fines
• A permanent criminal record
• Loss of the right to legally possess a firearm in the future

If the charge is linked to a prior felony conviction or if the firearm was used during another alleged crime, the penalties could be much more severe.

What Should I Do After Being Charged in South Bend?

1. Remain Silent Until You Have Legal Representation
   You have the right to remain silent. Exercise it. Anything you say to law enforcement may be used against you, even if you’re trying to clear up a misunderstanding.
2. Hire a Criminal Defense Attorney Immediately
   The sooner you speak with a South Bend criminal defense lawyer, the better. Your attorney can evaluate whether your arrest was lawful, whether your rights were violated, and whether the firearm was even in your possession. A lawyer can also negotiate with prosecutors and may be able to get charges reduced or dismissed.
3. Preserve All Evidence
   If you have receipts, surveillance footage, witness statements, or communications that may support your side of the story, keep them safe and share them with your attorney.
4. Attend All Court Dates
   Missing a court date can result in additional charges or a warrant for your arrest. Be respectful, dress appropriately, and follow your lawyer’s guidance throughout the legal process.

Are There Defenses to Unlawful Possession Charges?

Yes, several potential defenses may apply depending on your case. These can include:

• Lack of possession: The gun was not yours and not under your control.
• Illegal search or seizure: The firearm was found during an unconstitutional search.
• You were lawfully allowed to possess the firearm: In some cases, your gun rights may have been restored, or you may have been carrying legally under Indiana’s permit-less carry laws.
• The firearm wasn’t operable: In rare cases, an inoperable weapon may affect the viability of the charge.

Your attorney will investigate every angle to build the strongest defense possible.

Talk to a South Bend Criminal Defense Lawyer at Wilson & Kinsman, LLC Today

If you’ve been charged with unlawful possession of a firearm, don’t wait to get legal help. At Wilson & Kinsman, LLC, we defend people just like you against serious criminal allegations. Talk to a South Bend criminal defense lawyer today. Call 574-522-1900, book online now, or submit a form for your free consultation. Located in Elkhart and South Bend, Indiana, we serve clients in Marshall, LaGrange, Kosciusko, LaPorte, Porter, Lake, Noble, Whitley, Elkhart, and St. Joseph.