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 (c). A person who knowingly or intentionally possesses a firearm:

(1) in or on school property; or

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
Class A misdemeanorup to 1 yearup to $5,000
For details, see Ind. Code § 35-50-2-7 and Ind. Code § 35-50-3-2

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Terms Used In Indiana Code 35-47-9-2

(2) on a school bus;

commits a Level 6 felony.

     (b) It is a defense to a prosecution under subsection (a) that:

(1) the person is permitted to legally possess 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 person’s locked motor vehicle.

     (c) 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.