Federal Firearm Rights vs. Indiana Firearm Rights
It is important to understand that restoring your firearm rights and ability to purchase and own a gun are governed by both Indiana law and federal law. Therefore, your ability to restore your firearm rights depends on both Indiana law and federal law. It also depends on what type of criminal offense caused you to lose your Indiana gun rights. Federal law bans possession of firearms for individuals convicted of a felony or a misdemeanor involving domestic violence. Meaning, even if your firearm rights have been restored under Indiana law, federal law may still prohibit your right to purchase or own a gun.
Restoring Firearm Rights under Indiana Law
Restoring firearm rights under Indiana law depends on several factors, including whether your firearm rights were taken away based on a Class A, B, C, D felony, or because of a domestic violence conviction. In addition, Indiana law only specifically bars possession of handguns, and is therefore less restrictive than federal law. For example, if you have lost your firearm rights due to a felony conviction, your firearm rights are only restricted for handguns at the state level, but you are prohibited from possession of any type of firearm under federal law.
Misdemeanor Domestic Violence Convictions in Indiana and Firearm Rights
Both federal law and Indiana law specifically bar those convicted of domestic battery from possessing a firearm (18 U.S.C. § 922; I.C. 35-47-2-1). An expungement in Indiana for a domestic battery conviction (conviction of I.C. 35-42-2-1.3) will not restore your right to carry a handgun (I.C. 35-38-9-6(f)). However, an individual who has lost their gun rights due to a misdemeanor domestic violence conviction in Indiana may petition the court to restore their rights (I.C. 35-47-4-7). Under Indiana law, a petition to restore your firearm rights may be filed no sooner than five (5) years after the date of conviction, and the court will use its discretion in restoring your firearm rights based upon the following factors:
- Whether the person has ever been subject any court order that prohibits the person from possessing a firearm, such as a protective order, no contact order, or restraining order;
- Whether the person still presents a threat to the victim of the crime;
- Whether the person has successfully completed a substance abuse program (if applicable);
- Whether the person has successfully completed a parenting class (if applicable); and
- Whether there is any other reason why the person should not possess a firearm, such as committing a subsequent offense or failing to fulfill a condition that the court specifically set as a requirement for granting relief.
If the courts grant your petition to restore your firearm rights based upon the above factors, your firearm rights under both Indiana law and federal law will be restored. As a result, you will be able to possess, purchase, and transport firearms throughout Indiana. However, not all states agree on this issue, and they are not required to follow the ruling of an Indiana court on these matters—therefore, you should consult with an attorney or perform the necessary research before possessing or transporting a firearm in another state following restoration of your Indiana firearm rights.
Felony Convictions in Indiana and Firearm Rights
In contrast, federal law can make it quite difficult to completely restore your firearm rights following a felony conviction in Indiana, depending upon the type of felony conviction. If your firearm rights were restricted because of a non-violent Class D felony conviction, both your Indiana and federal rights can be restored following a successful petition to reduce the Class D felony to a Class A misdemeanor. However, if your firearm rights were taken away due to a violent or more serious felony charge, your options to restore your ability to purchase and own a firearm are more limited.
In 2012, Indiana passed the “Second Chance Law”, which has expanded expungement laws, permitting many offenses to be expunged that were previously ineligible. Indiana expungement law now provides for expungements which seal records relating to both arrests and convictions, and also restore certain civil rights such as firearm rights.
The Indiana statute related to criminal record expungements has been amended each year since its inception. While previous iterations of the statute did not provide for restoration of firearm rights, the most recent version of the statute related to restoration of rights DOES allow for firearm restoration.
The current version of the statute specifically provides that expungement restores the right to vote, serve on a jury, hold public, and to be a proper person for handgun licensure (I.C. 35-47-1-7(2)). Under Indiana law, any person convicted of a felony is not eligible for a hand gun license. After many versions of the statute, the legislature decided to put an end to the firearm questions and issues by specifically stating in the statue that expungement restores the ability to obtain a handgun license.
The language of the Indiana statute is effective for restoration of firearm rights at the federal level. Once you have obtained an Indiana expungement, your firearm rights are restored under Indiana law and federally, unless of course your firearm rights remain restricted for some other reason (i.e. involuntary commitment, etc.).
Obtaining a Pardon from the Governor
Applying for a full pardon to the Indiana Parole Board is another route you can take to restore your second amendment rights if expunging or reducing your conviction isn’t an option. Should the Parole Board recommend your pardon AND the Governor grants your pardon, your gun rights will be restored if it has been at least 15 years since your conviction. While this may be an option, you should know that these pardons are very rarely granted.
You can check your eligibility on restoring your Indiana firearm rights using our free and confidential expungement eligibility test.
Indiana’s new expungement laws are great in allowing people to put many arrest and conviction records behind them, allowing them to move on with life without the burden of a criminal record.
59 thoughts on “Restore Your Right to Own a Gun in Indiana”
I need help restoring my firearm rights, I recently tried to buy a gun and was denied due to the background test, I belive it had to due with a class during felony assault on a police officer that was reduced to a misdermeanor after probation over 10 years ago. Could someone help me get my rights back?
Joshua, please call us today at 844-947-3732 to discuss firearm rights restoration and if it is something you may qualify for.
Would the Indiana second chance law restore my ability to travel abroad? For instance, would Canada be able to see a my record?
Most likely – call us to further discuss your situation. Thank you!
I had a class b and d felony almost 20 years ago for non violent crime I didn’t do but got charged with his wonderin if I can ever get fun permit and carry in Indiana
Jeremy – please give us a call tomorrow to discuss your situation. We may be able to help.
I was arrested for domestic battery class misdemeanor but never convicted. Took a pretrial conversion with no admission of guilt in 2012. What is the likelihood I would be denied?
Brit – please give us a call at your convenience.
I am currently serving a probation term for a level 6 felony strangulation. In my plea I had the felony eligible for a reduction to class A misdemeanor for strangulation after terms of probation are met. Would it be feasible to petition the courts for a restoration of my second amendment? I’m already planning to petition for my right to passport.
Matt – thanks for your comment – potentially! Please take our eligibility test to see if you’re eligible in Indiana. Or feel free to call us to discuss your case in a little more detail.
I live in indiana and have a felony in illinois. Is there something that can be done in indian to restore gun rights for hunting?
Hi Brandon – potentially – did you take our eligibility test to see if you’re eligible to restore your rights in Illinois? Or feel free to call us to explain your situation a little more. 844-947-3732.
I have 2 Class A Misdemeanors. One is a conversion from a Class D Felony. May I posses a permit for a hand gun? May I own a firearm?
Hey Juls – have you taken our eligibility test? I suggest you call us to get a quicker answer 844-947-3732.
I recently tried to apply to get my gun permit back i was denied because i was labeled as a drug abuser for three marijuana charges one is a misdemeanor the other two where dropped to misdemeanor what will I need to do to get my permit rights back my last conviction was three years ago
Tracy – thanks for your comment – we may be able to help. I recommend you call us today to speak with a team member so that we can dig into your situation and give you a clear answer. Thanks! 844-947-3732.
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I had a misdemeanor domestic in 2001, i have had expungement granted by the court, who do I contact to have carry permit. I have been told to contact IN DOJ
I have a domestic violence misdemeanor, it’s been over 20 years ago. I tried to apply for concealed carry permit and it came up. Don’t know what can do I’m trying to get to my permit
We’d love to help you out! Please give us a call at 844-947-3732
I have had 3 felony charges which none are violent crimes and they all got dropped to a misdemeanor after completing probation which was two year since I’ve completed probation and they have all been dropped. I tried to purchase a gun and was denied . What can I do to fix this
Please call us at 844-947-3732, we may be able to help you. Thanks
My fiance has a felony do to child support it’s been over five years completed probation can he get a gun permit in Indiana
Missy, please have your fiance call in at 844-947-3732 and speak with one of our representatives for a consultation.
I have a robbery and got a expungment 1 year ago haven’t been in anytrouble in over 20 years I live in Arizona and want to own a firearm for safety and hunting what is my option if it’s filed under 35-38-9-5 does that still fall under 35-38-9-10
Unfortunately, we do not currently offer services in Arizona, and the answer to your question may depend on a number of factors. Contact our office for a free consultation and to see if we can help.
I was convicted of drug dealing. Served 3 years in prison and 2 years parole. Obtained GED while incarcerated and completed a rehabilitation program too. I haven’t had any troubles with the law ever since and it’s been over 6 years since I got sentenced. Is there a possibility I can get a gun permit? I do leave in Indiana bu the way
Hi Bryan, we may be able to help you out! Give us a call to determine if you’re eligible.
Me and my husband both are convicted felons in the state of Kentucky but we live in Indiana. We would like to know what firearms we are legally allowed to possess. Such as a muzzle loader or similar firearms. We both love hunting and want to know what we can legally have. Thanks
Hey Wynema, the good news is that we do offer legal services in both Kentucky and Indiana. Please contact our staff today to see if you’re eligible to restore your firearm rights.
I have two DUI felonies, both over 10 years old. I have not bee in trouble since, have a great job, and do not have a violent record. I took the eligibility test and it says that I am eligible and wanted payment, that seems too easy. What do I do from here?
I only have a DUI yes is’t a felony can I still hunt with a shotgun I have a gun
Hi Sidney, you may be okay under Indiana state law, but it’s important to consider federal law as well. Give us a call to see if we can help.
Can a class b misdemeanor for disorderly conduct have a impact on my gun rights to own , buy or apply for a handgun permit
Bobby, there are a number of criminal offenses that would prohibit someone from obtaining a handgun permit. Give us a call to see if your offense qualifies for one of our services.
Well I got my answer with will I receive my firearm rights back and the question is still on but closed do to Arizona required me to have paperwork from Indana that my expungment order fell under 35-38-9-10C and the state didn’t object to me having a weapon or firearm rights just waiting on my order then sending it in to be looked at and I have faith that I will soon have my CCWP card
Ive done an expungement and i now have a valid 4 year carry license but when i went to purchace a firearm from gun store i was denied filed for an appeal months ago haven’t heard back can u help
Wallace, we may be able to help you out, give us a call to see whether you qualify for services.
I had my gun permit when I turned 21 and caught a receiving stolen property. Felony a non violent feloney would I still have permit since its a non violent felony and its about 10 years old
I have dui felony convictions and htv felony convictions, i have recently been granted a hardship license. And have always hunted.. but before i purchase a rifle or handgun id like to make sure i can legally do so.
I had a misdemeanor battery charge with bodily injury about 8 years ago. I recently had my record expunged. I tried to apply for my carriers permit but was denied for not being a proper person.
I get off of parole December 14th I’ve had alot of run ins with the law but never had anything violent. The last charge I went to prison for dealing cocain. Please let me know if I can ever go hunting again with my father? I took the hunters education courswhen I was a chil. Please can you let me know if I can still hunt?
I Have a Federal Drug convection, can I get my rights restored? Never had a state charge, it’s Been over 20yrs since my last convection.
We don’t work on Federal cases, unfortunately.
I have a protective order against me in the state of Indiana from my ex wife. It has been over a year since it went into affect. Can I purchase a hunting rifle or must I wait another year before it ends. I have had no contact with my ex wife since 10/14/18.
Hi I have a domestic level 5 Indianapolis in,I was on probation 2yrs finished unsuccessful due to money issues been on off like a yr…also I used to hunt deer before I moved here I have 6 kids 4 boys I want to teach them outdoor sporting
I was arrested in 2006 four felony domestic battery . I’m a business owner enrolled in classes at Purdue University not to mention much much more I can prove without a reasonable doubt that I am a proper person . will I ever be able to own a firearm from the months of October to February ?
I have a c felony conviction from 2001 and need help getting a expungement to get my gun rights restored as I would like to get a gun permit can you help
Hi there I have a class c felony for battery and a d felony for receiving stolen property that was back in 1999 in indiana I want to get the record expunged have not been in trouble since can you help
Me and my husband both are ex felos and tryed to get stuff removed from reacerd but both told was not aloud to do to the crimes but we was both young and had nothing to lose when we did all the stuff was first time ever for both of us and my self got battery resolting in body injury class c and I have been in no truble for anything since but still not given a new chance but have tryed everything to get a gun and be out and caring mine how can I get mine please help it’s been since 2013 ty for helping if you even can at this point we gave up
Have you taken the eligibility test to see if you’re eligible? Test.WipeRecord.com
I had to plea bargain for having a class C reduced to a class D felony for non-payment of child support. I got sick in 2010 and was not approved for SSDI till middle of 2015. They kept misdiagnosing my condition. It disqualified me from my job as a truck driver. I had emphysema and they kept saying it was a high blood pressure problem. I was unable to work and got behind. That is the only trouble I was ever in. It was plea bargained Jan 20 2016. No fines and 9 months probation. I just got sick and couldn’t pay. Non-violent. I’m hoping to get healthy enough to drive again by 2021 and I want the felony gone and my rights to own a handgun again. Felony could hurt my chances driving a truck again. I live in Texas.
Most of the information on this website is incorrect. I recently had my Class”C” Felony sealed . I am now considered a “proper person” which means all my rights are now restored including my 2nd amendment! I previously held a CCL, but I was irresponsible and it was revoked . I was charged with criminal recklessness and served 1 year in the penitentiary . This was almost 20 years ago! So don’t give up trying to restore your 2nd amendment ! It can be done !
I have a felony for dui. can I still carry? I have a lifetime permit
Hello Peggy, we do offer firearm rights restoration services in Indiana. For more information on how to get started, take our free, secure eligibility test or give one of our representatives a call at (844) 947-3732.
In indiana what misdemeanors keep you from owning a gun, other than domestic violence?
Keith – check out this page: Expunge an Indiana Conviction
I am currently trying to get in school at SDI,but I feel that my conviction will stop me from doing so. Is there something that I can do?
Chris – call us during normal business hours or take our eligibility test: Expungement Eligibility Test