A firearm arrest in Indiana does not always stay a state case. Federal law creates separate gun offenses. These can be based on your criminal history, the circumstances surrounding the firearm or its connection to another federal crime. A federal investigation can also follow a state arrest.
When can someone be prohibited from possessing a firearm?
Federal law prohibits certain people from having firearms. This includes people with qualifying felony convictions, certain domestic violence convictions, certain restraining orders and other circumstances listed under federal law.
A prohibition is not always permanent. A conviction may no longer trigger the federal ban if it was pardoned, expunged, set aside or followed by a restoration of civil rights, depending on your situation and the law that applies. Federal law includes a provision allowing some people to seek restoration of their firearm rights. However, the process for individual applications has not been available for many years. Options may still exist depending on your circumstances. Federal and state restrictions can also differ, so both need to be considered.
When can owning a gun lead to additional federal charges?
A firearm can increase your federal criminal exposure when it is connected to certain drug crimes or crimes of violence. Under federal law, possessing, carrying or using a firearm in connection with certain offenses can result in an added charge and separate penalties.
These cases can become more serious when prosecutors say the gun helped further the crime. The connection between the firearm and the alleged offense can affect both the charges you face and the possible penalties.
What about illegal firearm purchases?
Federal law also addresses transactions that get firearms to people who cannot legally have them. A straw purchase means buying a gun for someone else while falsely claiming you are the actual buyer.
A person who passes a background check but buys a firearm for someone else — regardless of whether that person could legally buy one themselves — may face federal criminal exposure. The false statement made during the transaction is itself a federal offense.
What should you do if federal agents make contact?
If federal agents contact you about a firearm investigation, how you respond can matter. An attorney can help you find out whether you are a target, subject or witness, explain your legal rights and assess whether speaking with investigators could create additional risk. They can also review the firearm’s history, your criminal record and any related state or federal charges. That review can help identify which federal statutes apply and whether a defense may be available.