Like many things in the State of Indiana, the term firearm has a statutory definition. A firearm is any weapon that:
- is capable of expelling a projectile by means of an explosion;
- is designed to expel a projectile by means of an explosion; or
- may be readily converted to expel a projectile by means of an explosion.
What we’re talking about here is gunpowder, ignition, and a blast that fires something—usually a bullet. Think of old-timey muskets, where the user actually had to pack the gunpowder down into the barrel. We’re a little more sophisticated now, but contemporary rifles and handguns are performing the same basic actions.
Air rifles and BB guns, however, are different. Air pumps and CO2 cartridges are certainly capable of moving projectiles, but they’re moving them with a burst of compressed air—not an explosion. Without an explosion, the weapon in question can’t legally be classified as a firearm in Indiana.
This is important to understand, especially if you’re facing a criminal charge that specifically targets firearms (like pointing a firearm or possession of firearms on school property). You should consult with an experienced defense attorney to see if the State can actually prove what it’s charging you with.
The Marc Lopez Law Firm has been helping clients with firearm-related issues for years. If you have any questions, give us a call at 317-632-3642, and remember—always plead the 5th!