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Indiana criminal charge

Unlawful carrying of a handgun in Indiana

Current through 2026 Indiana legislative session

Unlawful carrying of a handgun is a criminal offense under Indiana law, defined by Ind. Code § 35-47-2-1.5. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Ind. Code § 35-47-2-1.5.

What is the penalty for unlawful carrying of a handgun in Indiana?

Penalties for Unlawful carrying of a handgun
PenaltyRangeBasisAuthority
Jail / prisonup to 1 year (Unlawful carrying of a handgun (base offense) — A person who violates this section by knowingly or intentionally carrying a handgun while falling into one of the prohibited categories under subsection (b) commits unlawful carrying of a handgun as a Class A misdemeanor.)discretionaryInd. Code § 35-50-3-2
Fineup to $5,000 (Unlawful carrying of a handgun (base offense) — A person who violates this section by knowingly or intentionally carrying a handgun while falling into one of the prohibited categories under subsection (b) commits unlawful carrying of a handgun as a Class A misdemeanor.)discretionaryInd. Code § 35-50-3-2
Jail / prison1 years to 6 years (Unlawful carrying of a handgun on/near school property or school bus — The offense is elevated to a Level 5 felony if committed on or in school property, within 500 feet of school property, or on a school bus.; fixed term; advisory sentence 3 years)presumptiveInd. Code § 35-50-2-6
Fineup to $10,000 (Unlawful carrying of a handgun on/near school property or school bus — The offense is elevated to a Level 5 felony if committed on or in school property, within 500 feet of school property, or on a school bus.)discretionaryInd. Code § 35-50-2-6
Jail / prison1 years to 6 years (Unlawful carrying of a handgun with prior conviction or felony history — The offense is elevated to a Level 5 felony if the person has a prior conviction under this section or related handgun carrying provisions, or has been convicted of a felony within fifteen years before the date of the offense.; fixed term; advisory sentence 3 years)presumptiveInd. Code § 35-50-2-6
Fineup to $10,000 (Unlawful carrying of a handgun with prior conviction or felony history — The offense is elevated to a Level 5 felony if the person has a prior conviction under this section or related handgun carrying provisions, or has been convicted of a felony within fifteen years before the date of the offense.)discretionaryInd. Code § 35-50-2-6

Applies to current.

How is unlawful carrying of a handgun classified in Indiana?

The classification depends on the circumstances:

Classification variants for Unlawful carrying of a handgun
VariantClassificationWhen it appliesStatute
Unlawful carrying of a handgun (base offense)Class A MisdemeanorA person who violates this section by knowingly or intentionally carrying a handgun while falling into one of the prohibited categories under subsection (b) commits unlawful carrying of a handgun as a Class A misdemeanor.Ind. Code § 35-47-2-1.5(e)
Unlawful carrying of a handgun on/near school property or school busLevel 5 FelonyThe offense is elevated to a Level 5 felony if committed on or in school property, within 500 feet of school property, or on a school bus.Ind. Code § 35-47-2-1.5(e)
Unlawful carrying of a handgun with prior conviction or felony historyLevel 5 FelonyThe offense is elevated to a Level 5 felony if the person has a prior conviction under this section or related handgun carrying provisions, or has been convicted of a felony within fifteen years before the date of the offense.Ind. Code § 35-47-2-1.5(e)

Common questions about unlawful carrying of a handgun in Indiana

Is unlawful carrying of a handgun a felony or a misdemeanor in Indiana?

It depends on the circumstances: unlawful carrying of a handgun ranges from a Class A Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 35-47-2-1.5.

Unlawful carrying of a handgun (base offense): Class A Misdemeanor (Ind. Code § 35-47-2-1.5(e)) · Unlawful carrying of a handgun on/near school property or school bus: Level 5 Felony (Ind. Code § 35-47-2-1.5(e)) · Unlawful carrying of a handgun with prior conviction or felony history: Level 5 Felony (Ind. Code § 35-47-2-1.5(e))

What are the penalties for unlawful carrying of a handgun in Indiana?

Penalties for unlawful carrying of a handgun in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 5 Felony — with the ranges set by Ind. Code § 35-50-3-2 and Ind. Code § 35-50-2-6; the full table of ranges by variant is published on this page.

Which Indiana statute covers unlawful carrying of a handgun?

Unlawful carrying of a handgun is governed by Ind. Code § 35-47-2-1.5 (Unlawful carrying of a handgun).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.