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.