Possessing machine guns in the United States is strictly regulated, both at the federal and state levels. Federal law defines a machine gun as any firearm that shoots or is designed to shoot automatically with one shot and a single operation of the trigger. State and federal law ban the transfer or possession of machine guns, unless certain exceptions apply. Owning a machine gun in Indiana without following the law can lead to serious criminal charges.
If you have been accused of possessing an illegal machine gun, you need the best criminal defense attorneys in Indiana at your side. Our illegal firearms defense attorneys at Gemma & Karimi have an exemplary record fighting serious gun crime charges on behalf of their clients. Contact our criminal defense attorneys at (317) 602-5970 for a free legal consultation.
Understanding Machine Gun Laws in the US and Indiana
In the US and Indiana, the definition of a machine gun is similar: a firearm that fires or can be readily restored to fire automatically more than one bullet without manual reloading, with one trigger pull. State law also has the following provisions:
- Unless they qualify for an exception, it’s illegal for someone to knowingly or intentionally own a machine gun in the state. Otherwise, machine gun possession is a Level 5 felony, and up to six years in prison is possible.
- Limited exceptions include firearms that comply with federal law, meaning they are registered with the ATF under the National Firearms Act (NFA) of 1934. This exemption aligns with federal law allowing registered machine guns made before 1986, those possessed by licensed gun dealers, or those held by government organizations.
- Gun transfer restrictions: Transferring an automatic weapon or machine gun to anyone under 18 is a Level 5 felony. Enhanced penalties exist if the person has a prior conviction or uses the firearm to commit murder. Machine gun sales are also a felony unless you are a firearms dealer. Possessing a machine gun with a damaged serial number is also a felony in Indiana.
- Note: Indiana doesn’t have stricter rules than the federal government for possessing a machine gun, but the state enforces bans on possession by certain parties. These include people convicted of violent felonies or domestic battery.
Facing criminal charges in Indianapolis?
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Penalties for Gun Crimes in Indiana
Penalties for gun crimes in the state are severe and are usually felonies. You can do years in prison, be heavily fined, and have a permanent criminal record. Various firearms offenses and penalties in Indiana include:
- Possession of an automatic weapon in Indiana, such as a machine gun, is a Level 5 felony. You can receive one to six years in prison and a $10,000 fine.
- Unlawful possession of a weapon by a serious violent felon: Knowingly and intentionally possessing firearms after being convicted of a violent felony is a Level 4 felony, potentially resulting in two to 12 years in prison and a fine of up to $10,000.
- Gun possession after a conviction for domestic battery: This is a Class A misdemeanor, and can be punished by one year in jail and a $5,000 fine.
- Pointing firearms at another person: This means intentionally pointing a loaded weapon other than for self-defense. It is a Level 6 felony and punishable by six months to 2.5 years in prison and a $10,000 fine.
- Using firearms in a crime: This is using firearms in a felony crime that causes serious injury or death. A conviction may add five to 20 years to the prison sentence, plus a $10,000 fine.
You will also receive probation when released from prison and, in some cases, have a permanent criminal record that prevents you from working, renting a house or apartment, or going to college.
Always retain a skilled Indiana firearms crime attorney if you are charged with a felony gun crime. You’ll likely spend years in prison if convicted, so hiring a criminal defense lawyer is critical to maintaining your freedom and constitutional rights during criminal justice.
Defending Against Gun Crimes
When facing serious gun crime charges, such as machine gun possession, several strong defenses exist. A skilled Indiana criminal defense lawyer will review your case details and craft a robust defense strategy. Common firearms offense defenses that are often effective with aggressive legal counsel are:
- Lack of gun possession: Many gun crimes, including machine gun possession, require the prosecution to prove that you had physical or constructive control of the gun. Your attorney may contend that you did not possess the machine gun. For instance, perhaps the machine gun found in your car belonged to someone who borrowed your vehicle.
- Self-defense: Indiana is a Stand Your Ground state. If a gun is used to protect yourself from imminent danger or bodily harm, it may be a valid defense. However, machine gun possession is strictly regulated, and you must have a valid exception to state and federal law to possess one.
- Second Amendment rights: Your attorney may argue that you have a constitutional right to keep and bear arms in certain gun crimes (not machine gun possession). The gun charge could relate to illegal possession or carrying a handgun or long gun.
- Illegal search and seizure: If the police obtained the gun from you illegally, which violates the Fourth Amendment, the evidence may be inadmissible in court.
- Insufficient evidence: The state may be unable to prove beyond a reasonable doubt that you were the person who committed the Level 5 felony gun crime. This could mean challenging eyewitness testimony.
A talented Indiana criminal defense lawyer would likely use several of the strategies above to defend you against an illegal machine gun possession charge.
What to Expect in a Gun Crimes Case
If you face an Indiana gun crime charge, such as illegal machine gun possession, you are probably scared. It is natural to feel worried about the gun crime case. However, your criminal defense lawyer will be at your side throughout the legal process:
- After the arrest, you should talk to your criminal defense attorney immediately. Do not say anything about the alleged crime and charge to the police. Only provide your name and other essential details, and ask for an attorney. Your attorney will explain the charge to you and answer police questions with you.
- After being arrested, you will be booked and may be held until the bail hearing. Bail depends on the severity of the firearms charge. Possession of a machine gun is a felony crime, so you can expect a bail amount higher than for many misdemeanors, but lower than if you allegedly commit murder.
- Next is the initial hearing, usually within 48 hours of the arrest. You will hear the gun charges, enter a plea (generally not guilty), and the judge will determine bail or confirm that you will be detained until trial. The prosecutor will begin to build the case, and your attorney will start to construct your defense.
- The discovery phase is next, and both sides will exchange information about the alleged crime and evidence, such as witness statements, police reports, legal documents, fingerprints, and more.
- Next, the prosecution and your criminal defense attorney may begin plea negotiations. If you don’t have a criminal record, the prosecutor might offer a plea deal on the machine gun possession charge. However, if it is a federal charge, there is less plea bargaining; many federal crimes have mandatory minimum sentences.
- If no deal is reached, you will go to trial, and your attorney will argue their most persuasive case on your behalf.
Why Choose Our Law Firm
If you are charged with a machine gun possession crime, you need immediate legal assistance. Being accused of this felony can lead to years in jail, probation, and a criminal record that prevents you from doing things others take for granted, such as securing a good job.
You need the best Indiana gun crime defense attorneys at Gemma & Karimi. Our attorneys have decades of experience defending clients against serious felony crimes, including possessing fully automatic firearms and making a straw purchase. Our lawyers know state and federal firearms laws and will navigate the many legal complexities. Our Board-Certified Criminal Trial Specialists have an outstanding record of felony case dismissals, charge reductions, and not-guilty verdicts. We offer a free consultation, so contact us today at (317) 602-5970.
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