What Is a Weapons Charge?

A Woman Pulls a Gun From a Backpack.

What is a weapons charge?

In general, a weapons charge is a violation of any law regarding weapons. While people have the right to bear arms, weapons violation charges fall under two categories in most states, possession and use. Under certain circumstances in Indiana you might face weapons charges. For instance, you must have a license to carry a handgun or an electronic weapon like a Taser. If you are caught carrying such weapons without a license you could get charged with a Class A misdemeanor.

Those charges could be elevated to a Level 5 felony if you’ve had a prior conviction or license violation, for example, or Level 6 if you carry a weapon onto school property unless you are authorized to do so. If you threaten someone with any type of weapon or use a weapon to injure someone, you could face a variety of charges including aggravated assault with a deadly weapon. If you find yourself in jail on weapons charges and need weapons violation bail in Avon and Indianapolis, IN, you can get immediate help from the professionals at Indiana Bail Bonds. Our bail bond services are available 24/7. Get bonded out by calling 317-423-9300.

What does unlawfully carry a weapon mean?

While Indiana’s gun laws are fairly permissive, you still have restrictions imposed. Handguns and weapons like Tasers, for instance, require a license to carry them in public. It is unlawful to carry these weapons without a license, and under certain circumstances, as on school property, you aren’t permitted to carry a weapon even with a license, unless you’ve been authorized to do so. It’s also unlawful to carry a firearm if you’ve had a previous license or weapons violation or if you’ve been convicted of a violent felony offense. Handguns and Tasers aren’t the only weapons that have restrictions on them that make it unlawful to carry them in some instances. Some weapons like switchblades are illegal to possess or use no matter the circumstance.  

What is considered an illegal weapon?

In Indiana, some weapons as well as some types of ammunition are illegal to possess or use. These weapons include:

  • Switchblades
  • Angle-bladed throwing knives (throwing stars)
  • Machine guns
  • Armor-piercing ammunition

Are burst weapons legal?

State laws vary on restrictions of automatic weapons. When guns fire more than one bullet when the trigger is squeezed, that mode is considered burst fire. In Indiana, burst weapons like machine guns are illegal to possess or use. If you are caught in possession of a machine gun might be charged with a Level 5 or Level 4 felony weapons violation. 

Can a civilian buy a grenade?

In general, under the federal National Firearms Act a civilian cannot possess “destructive devices,” which includes military-style hand grenades. But, civilians might be able to own or even build for themselves non-military devices that might be considered grenades. This depends on how judges in a local federal court define the term “destructive device”.

Aggravated weapons violation

In most states, you’ve committed an aggravated weapons violation if you use a weapon or threaten to use a weapon to injure a person. Weapons could include anything from firearms or knives or clubs to other objects used to harm a person. The charges can vary from aggravated assault to aggravated assault with a deadly weapon. Depending on the severity of the attack, your charges could be felonies or misdemeanors. 

Indiana has specific laws that regulate brandishing a firearm. It is illegal to point a gun at a person. Exceptions include being a police officer or using the weapon to defend yourself in your home, for instance, when someone breaks in. If your firearm is loaded and you point it at someone you could face Level 6 felony charges. An unloaded firearm can lead to Class A misdemeanor charges. 

Concealed weapons violation

In its gun laws, Indiana does not differentiate whether a gun is openly displayed or concealed when it comes to weapons violations. The primary concern is whether or not a person has a license to carry the weapon. If they hold a license, as long as they aren’t in violation of other laws, they can carry the gun in the open or conceal it. Carrying an unlicensed firearm is generally a Class A misdemeanor.

Weapons violation probation

Under Indiana law, if you are on probation for a felony offense, as a standard term of probation you typically cannot possess a firearm of any kind. This is especially the case if you’ve committed a violent offense. 

If a person on probation lives with someone who possesses a firearm, they are in violation of the terms of probation as well. The probationer must inform the other person about the weapons violation, and the other person must get rid of the firearm. Otherwise, the probationer cannot stay in the home. 

Switchblade Knives are Illegal in Indiana.

What are federal weapons charges?

If you have a federal weapons violation, you could be accused of several possible offenses in regard to possessing, using, distributing, or selling firearms or other deadly weapons. If you are charged in a federal case, you will be tried in a federal court rather than in a state court. 

Whether you’ve been jailed on federal or state charges, if you need bail for a weapons violation in Avon and Indianapolis, IN, you can get help fast from Indiana Bail Bonds. We are available 24/7. All you need to do is call 317-423-9300.