Can You be a Felon in Possession if Your Firearms Don’t Work?

Let’s say you are a felon, and you aren’t allowed to own firearms. You don’t have any that are functional, but you do have a couple antique guns that you have collected. Can you still be charged as a felon in possession of a firearm even if your firearms don’t work? Yes, you can!

Indiana Code defines a firearm as any weapon that is (1) capable of expelling, (2) designed to expel, or (3) that may readily be converted to expel a projectile by means of an explosion. Even though an inoperable firearm is not capable of expelling under (1), that firearm was designed to expel under (2). Indiana courts have held that because inoperable firearms are designed to expel a bullet, they fit under the definition of a firearm. Therefore, if you are a felon with an inoperable firearm, you can be charged as a felon in possession of a firearm.

This does not only apply to felon in possession charges, though. If you are restricted from having a firearm for any reason, you cannot own an inoperable firearm. It is also important to note that a disassembled gun counts as a firearm as well. A disassembled gun is both designed to expel a bullet and can be readily converted to expel a bullet under (2) and (3). But note that having your criminal record expunged will restore your rights to own both operable and inoperable firearms.

If you have been charged as a felon in possession of a firearm or any other criminal offense, or have questions about Indiana expungements, contact McNeelyLaw today. Call us at 317-825-5110 to talk to an experienced criminal law attorney who can help you navigate through the complexities of your case.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.