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Indiana bill tightens school gun penalties, eases adult court rule

Karolina Grabowska
/
Pexels
New rule would add penalties for youth caught with guns.

Tackling the issue of youth gun violence is the aim of a bill moving quickly through the Indiana legislature. The move would instill harsher punishments for children and teens who are caught carrying handguns multiple times or near schools, but lawmakers also softened language in a recent amendment.

The bill originally wanted to require that any 16 or 17 year old that was charged with an unlawful possession of a handgun as a felony would be directed straight to adult court.

In 2024, Indiana law was changed to allow those cases to be considered in juvenile courts.

The change to the bill, approved by the Senate Corrections and Criminal Law Committee on Tuesday, now states that if a juvenile is caught twice carrying a handgun and has a prior conviction, they would be automatically sent to adult court.

Some House Democrats initially opposed the bill in its original form over concerns that it would take away judges' discretion. However, now with the softened language added to the bill, it was passed unanimously out of the Senate committee.

Sen. Greg Taylor (D-Indianapolis) said during the committee meeting that he believes children who are caught with a handgun should be directed to get more help, not just punishment.

“Do something to convince you that you carrying a firearm is not necessarily making you safer, and it's definitely not making society safer,” Taylor said.

Chairman of the committee, Sen. Aaron Freeman (R-Indianapolis), said something needs to be done to stop youth violence.

“Where in this state do we draw that line,” Freeman said. “At what point do we punish these kids for having handguns and they shouldn’t.”

Freeman did agree to continue to work on the issue with Taylor, prosecutors and the public defenders’ office.

The bill also increases penalties for those under 18 who possess a firearm on school property, within 500 feet of school property or on a school bus. They would now face a level five felony instead of a misdemeanor charge.

The Indiana Public Defenders Council supported the change, while the Indiana Prosecuting Attorneys Council said it was neutral.

Courtney Curtis, assistant executive director for the prosecutors' council, told the committee that even with the change, she hopes lawmakers continue to tackle this issue of youth violence, especially as it pertains to guns.

“Whether this bill passed out the way that it came out of the House or passes out of this body as amended, it doesn't fix the problem that we need to be fixing, which is juveniles need to feel that they have other options besides committing crimes and that they have other options besides arming themselves,” Curtis said.

Curtis also said that after the 2024 change, the number of children directly filed to adult courts did not change, but the number of cases directly filed for serious crimes like armed robbery and murder did.

Children directly filed to adult courts for murder rose by 70% in fiscal year 2025 compared to 2024, according to the Indiana Criminal Justice Institute.

Those who work with youth or in youth-violence prevention programs still voiced concern to the committee about any moves to put children into the adult court system.

They say the courts and the state need to focus more on supporting groups that work to divert youth before they commit crimes or better ensure that kids feel safe where they live.

Those like Aaron Green, CEO for Struggle University, an Indianapolis-based youth-support group, said that he works daily with a person who was waived to the adult system when they were 15.

“He has not carried a gun since he got out,” Green said. “But it's not because he was waived to the adult system. It's because he trusts me and he knows I'm not going to take him to a place where he needs it. So more energy towards the solution instead of the punishment.”

The bill now heads to the full Senate.

Contact Government Reporter Caroline Beck at cbeck@wfyi.org.

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