Although you may be a legal and responsible Indiana gun owner, if you find out someone used your gun to commit a crime, you may panic. You might worry that you will be held liable for the crime or as an accomplice.
Under Indiana law, you are provided with civil immunity if someone steals your gun or ammunition and commits a crime with it. You can also generally not be held criminally liable for a crime if your gun was used but someone else committed the crime.
Letting someone borrow your gun
However, what if you let someone borrow your gun who was not allowed to have one? The Federal Gun Control Act forbids certain people from possessing or receiving a firearm, such as people who have been convicted of felony or misdemeanor domestic violence crimes.
Additionally, you are prohibited from possessing a firearm in Indiana if you have been convicted of a serious violent felony or domestic battery.
Serious violent felonies include crimes such as battery with a deadly weapon, stalking involving threats of injury or death and violent conduct resulting in bodily injury.
If you provided your gun to someone you knew was prohibited from having one under these or other laws, you could face federal or state criminal charges.
When you could be an accomplice
What if you give your gun to someone you know or believe may commit a crime with it? You could find yourself charged as an accomplice. An accomplice is typically someone who intentionally assists or encourages someone else to commit a crime.
For example, if your friend tells you that he is out of money and is going to rob a bank and you give him your gun and he later uses it to rob a bank, you could be charged as an accomplice to bank robbery even if you never set foot inside the bank.
Reducing your chance of liability
You should always keep your guns stored in a safe place and take steps to prevent them from being stolen. Keep a record of the make, model and serial number of each gun you own.
Indiana law does not require you to report the loss or theft of a firearm, but you should still report any theft of your guns or ammunition immediately. This can help you avoid potential legal trouble if the gun later shows up as being used to commit a crime.
Never give your gun to someone who you know cannot legally possess one or to someone who you suspect may use it to commit a crime. You could find yourself in a world of trouble even if you did not commit the crime yourself.
What to do if your gun was used in a crime
If you find yourself in a situation where your gun was used to commit a crime, you should speak with someone about the potential legal implications, even if you have taken all the above precautions.
Learn how the law applies to your specific situation, how to protect your rights as a gun owner and what to do if you find yourself being charged with a crime.