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
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?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 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))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up 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).) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | up 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.) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up 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.) | discretionary | Ind. Code § 35-50-3-3 |
| Jail / prison | up 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.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up 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.) | discretionary | Ind. 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:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of firearm on school property or school bus | Level 6 Felony | A 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 bus | Class B Misdemeanor | A 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 lot | Class A Misdemeanor | 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. | 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.