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Indiana criminal charge

Possession of firearms or imitation firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot in Indiana

Current through 2026 Indiana legislative session

Possession of firearms or imitation firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot is a criminal offense under Indiana law, defined by Ind. Code § 35-47-9-2. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Ind. Code § 35-47-9-2.

What is the penalty for possession of firearms or imitation firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot in Indiana?

Penalties for Possession of firearms or imitation firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot
PenaltyRangeBasisAuthority
Jail / prison6 months to 30 months (Possession of firearm on school property or school bus — A person knowingly or intentionally possesses a firearm in or on school property or on a school bus, unless chargeable under subsection (d).; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c)))presumptiveInd. Code § 35-50-2-7
Fineup to $10,000 (Possession of firearm on school property or school bus — A person knowingly or intentionally possesses a firearm in or on school property or on a school bus, unless chargeable under subsection (d).)discretionaryInd. Code § 35-50-2-7
Jail / prisonup to 180 days (Possession of imitation firearm on school property or school bus — A person knowingly or intentionally possesses an imitation firearm in or on school property or on a school bus.)discretionaryInd. Code § 35-50-3-3
Fineup to $1,000 (Possession of imitation firearm on school property or school bus — A person knowingly or intentionally possesses an imitation firearm in or on school property or on a school bus.)discretionaryInd. Code § 35-50-3-3
Jail / prisonup to 1 year (Leaving firearm in plain view in vehicle parked in school parking lot — A person permitted to legally possess a firearm knowingly, intentionally, or recklessly leaves it in plain view in a motor vehicle parked in a school parking lot.)discretionaryInd. Code § 35-50-3-2
Fineup to $5,000 (Leaving firearm in plain view in vehicle parked in school parking lot — A person permitted to legally possess a firearm knowingly, intentionally, or recklessly leaves it in plain view in a motor vehicle parked in a school parking lot.)discretionaryInd. Code § 35-50-3-2

Applies to offenses committed after June 30, 2014 (P.L.158-2013).

How is possession of firearms or imitation firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot classified in Indiana?

The classification depends on the circumstances:

Classification variants for Possession of firearms or imitation firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot
VariantClassificationWhen it appliesStatute
Possession of firearm on school property or school busLevel 6 FelonyA person knowingly or intentionally possesses a firearm in or on school property or on a school bus, unless chargeable under subsection (d).Ind. Code § 35-47-9-2(a)
Possession of imitation firearm on school property or school busClass B MisdemeanorA person knowingly or intentionally possesses an imitation firearm in or on school property or on a school bus.Ind. Code § 35-47-9-2(b)
Leaving firearm in plain view in vehicle parked in school parking lotClass A MisdemeanorA person permitted to legally possess a firearm knowingly, intentionally, or recklessly leaves it in plain view in a motor vehicle parked in a school parking lot.Ind. Code § 35-47-9-2(d)

Common questions about possession of firearms or imitation firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot in Indiana

Is possession of firearms or imitation firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot a felony or a misdemeanor in Indiana?

It depends on the circumstances: possession of firearms or imitation firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot ranges from a Class B Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-47-9-2.

Possession of firearm on school property or school bus: Level 6 Felony (Ind. Code § 35-47-9-2(a)) · Possession of imitation firearm on school property or school bus: Class B Misdemeanor (Ind. Code § 35-47-9-2(b)) · Leaving firearm in plain view in vehicle parked in school parking lot: Class A Misdemeanor (Ind. Code § 35-47-9-2(d))

What are the penalties for possession of firearms or imitation firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot in Indiana?

Penalties for possession of firearms or imitation firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot in Indiana depend on how it is classified — from a Class B Misdemeanor up to a Level 6 Felony — with the ranges set by Ind. Code § 35-50-2-7, Ind. Code § 35-50-3-3 and Ind. Code § 35-50-3-2; the full table of ranges by variant is published on this page.

Which Indiana statute covers possession of firearms or imitation firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot?

Possession of firearms or imitation firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot is governed by Ind. Code § 35-47-9-2 (Possession of firearms or imitation firearms on school property or a school bus; defense to a prosecution; possession of firearms in a motor vehicle parked in a school parking lot).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.