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EspañolWhat is the difference between federal and state gun laws? Why do I need to understand both?
In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.” The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.
One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself. Throughout this section, we will be referring mostly to state laws. Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well. You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.
If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws. Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws. If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor. If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor). For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun? If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.
What is the definition of a felony?
Under Indiana law, a felony is any crime that:
- carries a potential punishment of more than one year in jail; and
- is not considered a misdemeanor.1
For the purposes of barring someone from having a gun, a “serious violent felony” means:
- murder or attempted murder;
- voluntary manslaughter;
- reckless homicide not committed by means of a vehicle;
- battery;
- domestic battery;
- aggravated battery;
- strangulation;
- kidnapping;
- criminal confinement;
- a human or sexual trafficking offense;
- rape;
- criminal deviate conduct, before it was repealed;
- child molesting;
- sexual battery;
- robbery;
- carjacking, before it was repealed;
- arson;
- burglary;
- assisting a criminal;
- resisting law enforcement;
- escape;
- trafficking with an inmate;
- criminal organization intimidation;
- stalking;
- incest;
- dealing in or manufacturing cocaine, methamphetamine, or a narcotic drug;
- dealing in a control substance resulting in death; or
- dealing in a schedule I, II, III, IV, or V controlled substance.2
For more information on how criminal convictions may stop an abuser from being able to have a fun, see If the abuser has been convicted of a crime, can they have or buy a gun? If you are unsure if the abuser was convicted of a serious violent felony, see How can I find out if the abuser has been convicted of a crime?
1 Ind. Code § 35-50-2-1(b); see also Ind. Code § 35-38-1-1.5
2 Ind. Code § 35-47-4-5(b)
I am a victim of domestic violence and the abuser has a gun. Is that legal?
Indiana state law says that a person cannot have or buy a gun if they have been convicted of certain crimes or have an order for protection against them that says they cannot have a gun. If neither of those apply to you, see I do not have an order for protection against the abuser, and they have not been convicted of a crime. Is there anything I can do?
Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.
