I am a victim of domestic violence and the abuser has a gun. Is that legal?
Indiana state law says that a person cannot have or buy a gun if s/he:
- has been convicted of a “serious violent felony;”1
- was adjudicated delinquent for a crime that would have been a “serious violent felony” if committed by an adult, and is currently under age 26 or 28 depending on the severity of the crime;2
- is subject to an order for protection where the judge has specifically ordered that the respondent cannot have a firearm;3
- has been found by a judge to be “dangerous” during a hearing for the seizure and retention of firearms by law enforcement;4
- is unlawfully present in the United States;5 or
- has been convicted of the crime of domestic battery.6
However, a person who was convicted of domestic battery five or more years ago can petition to have his/her right to possess a firearm restored.7
If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.
1 IC § 35-47-4-5(c)
2 IC § 35-47-4-9(b)
3 IC § 34-26-5-9(d)(4)
4 IC § 35-47-4-6.5
5 IC § 35-47-4-8(b)
6 IC § 35-47-4-6(a)
7 IC § 35-47-4-7(b)