Domestic Violence & Firearm Rights Law Updated by Indiana House Bill 1155

Indiana’s Legislature recently passed House Bill 1155 which allows people convicted of a domestic violence misdemeanor to restore their firearm rights. A “crime of domestic violence,” in Indiana means an offense or the attempt to commit an offense that:

1. Has as an element the:
   • use of physical force; or
   • threatened use of a deadly weapon; and
2. Is committed against a:
   • current or former spouse, parent, or guardian of the defendant;
   • person with whom the defendant shared a child in common;
   • person with whom the defendant shared a child in common;
   • person who was cohabitating with or had cohabitated with the defendant as a spouse, parent, or guardian; or
   • person who was or had been similarly situated to a spouse, parent, or guardian of the defendant.¹

Prior to this statute, a person convicted of a domestic violence misdemeanor could not restore their rights because of the federal ban on those convicted of misdemeanor crimes of domestic violence.² However, this Indiana statute directly targets the federal statute to allow people convicted of a domestic violence misdemeanor to lift the federal ban and restore their firearm rights.

To be eligible under this statute, petitioner must have been convicted of a domestic violence misdemeanor, at least 5 years must have passed since the conviction, and the petitioner must not have applied for a restoration in the last year. If these requirements are met, the judge will make a decision based on the following factors:

• Court orders, such as protective orders or restraining orders
• Completed treatment programs or classes
• Possibility of threat or harm to the victim
• Criminal record since the conviction
• Any other reason unfavorable to the Petitioner³

If the judge is satisfied by the Petitioner’s application, firearm rights in Indiana will be restored and lift the federal ban and the Petitioner will be able to purchase, possess, and transport firearms throughout the state. However, every state is different and this process does not guarantee any rights outside of the state of Indiana. If you have been unable to purchase a firearm in the state of Indiana due to a Misdemeanor Crime of Domestic Violence and would like to have your right to purchase and possess firearms, this is the solution for you. Take the free online eligibility test or contact our offices today to determine if you are eligible for relief.

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