What are the definitions of a “felony” and a “serious violent 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- criminal deviate conduct, before it was repealed;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- carjacking, before it was repealed;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 gun, 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)




