If you’ve been charged with domestic battery in Indiana, your right to carry a firearm could disappear faster than you can say “Second Amendment.”
It’s not dramatic—it’s Indiana law. And if you’re someone who values your firearm rights, whether for self-defense, hunting, or recreational shooting, you need to understand just how quickly and how severely a domestic battery charge can impact your life.
This isn’t just about jail time or fines. This is about losing your constitutional right to bear arms. It’s about walking into court and walking out without your rights intact.
Let’s break it down in plain English.
Constitutional Carry Doesn’t Cover Criminal Charges
As of July 2022, Indiana is a constitutional carry state. That means if you’re over 21 and legally allowed to possess a firearm, you can carry a handgun without a license. Sounds simple, right?
But here’s the catch: “legally allowed” is doing some serious heavy lifting in that sentence.
As soon as you’re charged with domestic battery, your legal ability to carry a firearm hits the pause button. And that pause can turn into a long-term ban—even if the charge is a misdemeanor.
From Arrest to Court: What Happens to Your Gun Rights?
Here’s how it usually goes:
- You’re charged with domestic battery.
- The court sets bond conditions.
- One of those conditions is typically a no firearms clause.
- Boom—your guns are off-limits.
This happens fast. Like, “before your next paycheck” fast. You don’t have to be convicted. You don’t have to admit guilt. The charge alone is enough to trigger restrictions.
And violating those conditions? That can open up a brand-new can of legal problems.
What Is a Domestic Violence Determination?
Let’s say your case goes to trial, and you lose. Or maybe your attorney negotiates a plea deal, and you plead guilty to domestic battery.
In either scenario, the court is going to ask one crucial question:
How were you and the alleged victim connected?
If the answer is that you lived together, were dating, or were family, then the judge makes what’s called a domestic violence determination.
This determination is a legal switch. Once it’s flipped, you’re:
- Legally labeled a domestic batterer
- Prohibited from owning or possessing firearms or deadly weapons for at least five years
Yes, you read that right. Five years minimum—even for a misdemeanor.
No Gun Rights, Even After Probation
Some people think that once probation is over, their rights will come back.
Nope.
In Indiana, completing probation doesn’t restore your gun rights if there’s a domestic violence determination on your record.
You could be a model citizen. You could do every drug screen, show up for every court date, pay every fine on time—and still be prohibited from owning a firearm.
And if you’re caught with a gun after your rights have been stripped?
You’re now facing a new criminal charge:
Domestic Battery in Possession of a Firearm – a Class A misdemeanor with:
- Up to one year in jail
- Up to a $5,000 fine
That’s on top of whatever penalties you were already facing.
Firearm Ownership and the Stakes of a Domestic Battery Charge
Gun ownership is a big deal to a lot of people. For some, it’s about safety. For others, it’s about sport. Either way, if you care about your Second Amendment rights, you need to take domestic battery charges seriously from the very beginning.
If you’re facing a domestic battery charge in Indiana, don’t assume it’ll all work out. Don’t assume the judge will cut you a break. And definitely don’t assume your firearm rights will be unaffected.
You need an attorney who can:
- Challenge the evidence
- Fight the case at trial
- Negotiate a plea that avoids a domestic battery conviction
In short, you need someone who knows what they’re doing and isn’t afraid to take the gloves off in court.
Can I Get My Gun Rights Back?
Here’s the good news: If you beat the case, your gun rights come back immediately. That can happen in a few ways:
- You win at trial.
- The case gets dismissed.
- You take a plea deal that doesn’t involve a domestic battery conviction.
No domestic battery conviction = no domestic violence determination = no long-term gun restrictions.
But you only get one shot at this. Once that guilty plea is entered—or once the judge finds you guilty—it’s a whole different ballgame.
What Can a Criminal Defense Lawyer Do?
Here’s where we come in.
At the Marc Lopez Law Firm, we’ve helped countless clients navigate the minefield of criminal charges. We know how to handle domestic battery cases. We know the prosecutors. We know the judges. And we know how to protect your rights.
When you hire us, you get:
- A team of defense lawyers who understand how high the stakes are
- A strategy tailored to your specific situation
- A legal team that’s committed to preserving your future—including your right to own firearms
This isn’t just about avoiding jail time. It’s about protecting your name, your rights, and your peace of mind.
What If This Is Just a Misunderstanding?
Maybe you didn’t lay a finger on anyone. Maybe this is a fight that got blown out of proportion. Or maybe you were defending yourself, and now you’re the one facing charges.
We’ve seen it all.
Domestic battery charges don’t always reflect what actually happened. Sometimes they’re based on bad assumptions. Sometimes the police get it wrong. And sometimes, unfortunately, people lie.
The point is this: Don’t assume the truth will come out on its own.
You need someone who’s willing to fight for it.
Don’t Gamble With Your Firearm Rights
A domestic battery charge in Indiana is serious business, especially if you value your right to own and carry a firearm.
Let’s recap:
- You can lose your firearm rights before you’re convicted.
- Even a misdemeanor can lead to a five-year minimum firearm ban.
- Violating the gun restriction leads to new charges.
- You don’t automatically get your rights back when probation ends.
- The only way to fully protect your gun rights is to avoid a domestic battery conviction.
If you’re facing this kind of charge, the time to act is right now.
Call the Marc Lopez Law Firm Today
Don’t wait until your court date to get serious. The earlier you get an experienced criminal defense attorney involved, the better your chances of walking away with your rights intact.
Let us help you fight back. Call us at 317-632-3642, and remember—always plead the 5th!