Indiana § 20-33-8-16 - Possession of firearms, deadly weapons, or destructive devices

Full text of Indiana Indiana Code § 20-33-8-16 — Possession of firearms, deadly weapons, or destructive devices, with citation guidance and answers to common questions.

§ 20-33-8-16. Possession of firearms, deadly weapons, or destructive devices

Sec. 16. (a) As used in this section, "firearm" has the meaning set forth in IC 35-47-1-5.

(b) As used in this section, "deadly weapon" has the meaning set forth in IC 35-31.5-2-86. The term does not include a firearm or destructive device.

(c) As used in this section, "destructive device" has the meaning set forth in IC 35-47.5-2-4.

(d) Notwithstanding section 20 of this chapter, a student who is:

(1) identified as bringing a firearm or destructive device to school or on school property; or

(2) in possession of a firearm or destructive device on school property;

must be expelled for at least one (1) calendar year, with the return of the student to be at the beginning of the first school semester after the end of the one (1) year period.

(e) The superintendent or principal of the applicable school may, on a case by case basis, modify the period of expulsion under subsection (d) for a student who is expelled under this section.

(f) Notwithstanding section 20 of this chapter, a student who is:

(1) identified as bringing a deadly weapon to school or on school property; or

(2) in possession of a deadly weapon on school property;

may be expelled for not more than one (1) calendar year.

(g) A superintendent or the superintendent's designee shall immediately notify the appropriate law enforcement agency having jurisdiction over the property where the school is located if a student engages in a behavior described in subsection (d). Upon receiving notification under this subsection, the law enforcement agency shall begin an investigation and take appropriate action.

(h) A student with a disability (as defined in IC 20-35-1-8) who possesses a firearm on school property is subject to procedural safeguards under 20 U.S.C. 1415.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-5.1-10.]

As added by P.L.1-2005, SEC.17. Amended by P.L.114-2012, SEC.42; P.L.233-2015, SEC.261; P.L.74-2026, SEC.136.

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 20-33-8-16

What does Indiana Code § 20-33-8-16 cover?

Section 20-33-8-16 ("Possession of firearms, deadly weapons, or destructive devices") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 20-33-8-16?

A common citation format is "Indiana Code § 20-33-8-16" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 20-33-8-16 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.