CRIMINAL LAWAND PROCEDURE
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Chapter 9. Possession of Firearms
on School Property.
35-47-9-1.
Non-applicability of chapter.
35-47-9-2.
Possession of a firearm on school property
or a school bus.
35-47-9-1. Non-applicability of chapter.
This chapter does not apply to the following:
(1) A:
(A) federal;
(B) state; or
(C) local;
law enforcement officer.
(2) A person who may legally possess a
firearm and who has been authorized by:
(A) a school board (as defined by IC
20-26-9-4); or
(B) the body that administers a charter
school established under IC 20-24;
to carry a firearm in or on school property.
(3) Except as provided in subsection (b) or
(c), a person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor
vehicle.
(4) Aperson who is a school resource offi-
cer, as defined in IC 20-26-18.2-1.
(5) Except as provided in subsection (b) or
(c), a person who:
(A) may legally possess a firearm; and
(B) possesses only a firearm that is:
(i) locked in the trunk of the per-
son’s motor vehicle;
(ii) kept in the glove compartment
of the person’s locked motor vehi-
cle; or
(iii) stored out of plain sight in the
person’s locked motor vehicle.
(b) For purposes of subsection (a)(3) and
(a)(5), a person does not include a person who is:
(1) enrolled as a student in any high school
except if the person is a high school student
and is a member of a shooting sports team
and the school’s principal has approved
the person keeping a firearm concealed in
the person’s motor vehicle on the days the
person is competing or practicing as a
member of a shooting sports team; or
(2) a former student of the school if the
person is no longer enrolled in the school
due to a disciplinary action within the pre-
vious twenty-four (24) months.
(c) For purposes of subsection (a)(3) and
(a)(5), a motor vehicle does not include a motor
vehicle owned, leased, or controlled by a school
or school district unless the person who possesses
the firearm is authorized by the school or school
district to possess a firearm.
35-47-9-2. Possession of a firearm on school
property or a school bus.
A Editor’s Note: During the 2014 legislative
session, the Indiana GeneralAssembly enacted two
bills (H.E.A. 1006 and S.E.A. 229) amending
this section. Neither bill referred to the other.
Since the bills were not identical, both versions of
this section are set forth below.
Version #1 (H.E.A. 1006-2014)
Aperson who knowingly or intentionally pos-
sesses a firearm:
(1) in or on school property; or
(2) on a school bus;
commits a Level 6 felony.
Version #2 (S.E.A. 229-2014)
(a) A person may not be charged with an
offense under this subsection if the person may be
charged with an offense described in subsection
(c). A person who knowingly or intentionally
possesses a firearm:
(1) in or on school property; or
(2) on a school bus;
commits a Level 6 felony.
(b) It is a defense to a prosecution under sub-
section (a) that:
(1) the person is permitted to legally pos-
sess the firearm; and
(2) the firearm is:
(A) locked in the trunk of the person’s
motor vehicle;
(B) kept in the glove compartment of
the person’s locked motor vehicle; or
(C) stored out of plain sight in the per-
son’s locked motor vehicle.
(c) A person who is permitted to legally pos-
sess a firearm and who knowingly, intentionally,
or recklessly leaves the firearm in plain view in
