Ind. Code ch. 35-47-9

Ind. Code § 35-47-9-0.1 Repealed

As added by P.L.220-2011, SEC.624. Repealed by P.L.63-2012, SEC.78.

Ind. Code § 35-47-9-1 Exemptions from chapter

Sec. 1. (a) This chapter does not apply to the following: (1) A: (A) federal; (B) state; or (C) local; law enforcement officer. (2) A: (A) qualified law enforcement officer (as defined in 18 U.S.C. 926B); or (B) qualified retired law enforcement officer (as defined in 18 U.S.C. 926C); if the qualified law enforcement officer or qualified retired law enforcement officer, as applicable, carries the photographic identification required by 18 U.S.C. 926B or 18 U.S.C. 926C. (3) 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. (4) 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. (5) A person who is a school resource officer, as defined in IC 20-26-18.2-1. (6) 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 person's motor vehicle; (ii) kept in the glove compartment of the person's locked motor vehicle; or (iii) stored out of plain sight in the person's locked motor vehicle. (7) A person who: (A) may legally possess a firearm; and (B) possesses a firearm on school property in connection with or while: (i) attending a worship service or religious ceremony conducted at a house of worship located on the school property; or (ii) carrying out the person's official duties at a house of worship located on the school property, if the person is employed by or a volunteer at the house of worship. This subdivision does not affect the right of a property owner to prohibit, in whole or in part, the possession of a firearm on a property where a school or house of worship is located. (b) For purposes of subsection (a)(4) and (a)(6), 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 previous twenty-four (24) months. (c) For purposes of: (1) subsection (a)(4); (2) subsection (a)(6); and (3) section 2(b) of this chapter; 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. As added by P.L.140-1994, SEC.11. Amended by P.L.172-2013, SEC.12; P.L.157-2014, SEC.4; P.L.107-2019, SEC.11; P.L.218-2023, SEC.7; P.L.94-2026, SEC.83.

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

Sec. 2. (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 (d). 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) A person who knowingly or intentionally possesses an imitation firearm: (1) in or on school property; or (2) on a school bus; commits possession of an imitation firearm on a school property, a Class B misdemeanor. (c) It is a defense to a prosecution under subsections (a) and (b) that: (1) the person is permitted to legally possess the firearm or imitation firearm; and (2) the firearm or imitation 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 person's locked motor vehicle. (d) A person who is permitted to legally possess a firearm and who knowingly, intentionally, or recklessly leaves the firearm in plain view in a motor vehicle that is parked in a school parking lot commits a Class A misdemeanor. As added by P.L.140-1994, SEC.11. Amended by P.L.172-2013, SEC.13; P.L.158-2013, SEC.601; P.L.157-2014, SEC.5; P.L.168-2014, SEC.89; P.L.109-2015, SEC.54; P.L.94-2026, SEC.84.