Asked in Criminal Law for Indiana

Q: I purchased a handgun from a coworker. No papers just gave money and took it. Well I sold it. Somehow it’s been sold

Again. Now whoever sold the gun to the next guy he got caught with it and he’s a felon. Cops called original owner. He said he sold it to me. Now they want to talk to me but I don’t remember who I sold it to. Am I in trouble? I know it wasn’t the felon I researched his picture.

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2 Lawyer Answers
James A Hanson
James A Hanson
Answered
  • Criminal Law Lawyer
  • Fort Wayne, IN
  • Licensed in Indiana

A: If you didn't sell it to the felon, you should be OK.

You need to gather up any documentation or other information you have about the purchase and sale to support your position with law enforcement.

Ideally, it would help if you could remember who you actually sold the firearm to.

Greg Spencer
PREMIUM
Greg Spencer
Answered
  • Criminal Law Lawyer
  • Indianapolis, IN
  • Licensed in Indiana

A: The felon can be in possession of someone else's gun. Posession does not mean ownership, so usually ownership is secondary.

For example, a felon lives with a roommate. You sell a gun to the roommate, who is not a felon. But this gun is being left in the middle of the room, the felon has access to the gun, knows where it is, touched the gun, etc. The felon is in constructive possession of his roommate's gun. He is in possession of the gun but does not own it. Government does not have to prove the felon owned the gun, just that he was aware that the gun was there and had access to it, even if it belonged to a different person.

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