Can you carry when a school is not a school?

[canamscott]

This summer there is a conference on campus of a private boarding school. Does the law allow carry on school grounds when school is not in session and when it is used for another purpose?

 

[Hoosierdood]

I'm sure someone will be along to explain it in detail, but Indiana does not distinguish between a school that is in session and one that is not. A SCHOOL IS ALWAYS A SCHOOL. (yep, even in the summer time)

 

[Double T]

Huntington has several old schools being turned into retirement centers. The school corp sold them, so I believe it would ne ok to carry while visiting family there as it's no longer accredited or ever in session as a school, but IANAL.

 

[linkinpark9812]

I'm sure someone will be along to explain it in detail, but Indiana does not distinguish between a school that is in session and one that is not. A SCHOOL IS ALWAYS A SCHOOL. (yep, even in the summer time)

I agree. A quick look at the "school" definitions in the IC:

IC 20-18-2-4
"Elementary school"
Sec. 4. "Elementary school" means any combination of kindergarten and grades 1, 2, 3, 4, 5, 6, 7, or 8.
As added by P.L.1-2005, SEC.2.

IC 20-18-2-7
"High school"
Sec. 7. "High school" means any combination of grades 9, 10, 11, or 12.
As added by P.L.1-2005, SEC.2.

Nothing about if they are in session, but what their "purpose" is, I suppose.

And the actual IC about guns on school property:

IC 35-47-9-2
Possession of firearms on school property, at school function, or on school bus; felony
Sec. 2. A person who possesses a firearm:
(1) in or on school property;
(2) in or on property that is being used by a school for a school function; or
(3) on a school bus;
commits a Class D felony.

EDIT:

I noticed something interesting. Not to hijack the thread or anything, but one of the exemptions state this:
(2) A person who has been employed or authorized by:
(A) a school; or
(B) another person who owns or operates property being used by a school for a school function;
to act as a security guard, perform or participate in a school function, or participate in any other activity authorized by a school.

So it may be possible to get "authorization" from the school? It seems you would have to be acting as a security guard or participating in the school "function". Interesting thought though. I am sure most, if not all, schools would not authorize you however...

 

[Indy_Guy_77]

This summer there is a conference on campus of a private boarding school. Does the law allow carry on school grounds when school is not in session and when it is used for another purpose?

In this particular instance, it'll be a no-go because a "school is never not a school"....except for when it's not*

Building sales = a school that's no longer a school...unless, of course, it's bought by another school system.

Fun laws, huh?

 

[IndyIncog]

Hrm, this makes me wonder if a "private boarding school" falls under private property laws or public school laws. Just food for thought.

 

[Indy_Guy_77]

Hrm, this makes me wonder if a "private boarding school" falls under private property laws or public school laws. Just food for thought.

It doesn't matter.

-J-

 

[Hoosierdood]

Hrm, this makes me wonder if a "private boarding school" falls under private property laws or public school laws. Just food for thought.

There are no "public school laws." A school is a school if it falls under the definition of a "school" in the Indiana Code whether it is public or private.

 

[linkinpark9812]

There are no "public school laws." A school is a school if it falls under the definition of a "school" in the Indiana Code whether it is public or private.

+1 and as stated before:

IC 20-18-2-4
"Elementary school"
Sec. 4. "Elementary school" means any combination of kindergarten and grades 1, 2, 3, 4, 5, 6, 7, or 8.
As added by P.L.1-2005, SEC.2.

IC 20-18-2-7
"High school"
Sec. 7. "High school" means any combination of grades 9, 10, 11, or 12.
As added by P.L.1-2005, SEC.2.

So if it hosts kindergarten or grades 1-12, regardless if it is private or public, according to IC, it is a school.

 

[ATM]

Here's the definition you're looking for:

IC 35-41-1-24.7
"School property"
Sec. 24.7. "School property" means the following:
(1) A building or other structure owned or rented by:
(A) a school corporation;
(B) an entity that is required to be licensed under IC 12-17.2 or IC 31-27;
(C) a private school that is not supported and maintained by funds realized from the imposition of a tax on property, income, or sales; or
(D) a federal, state, local, or nonprofit program or service operated to serve, assist, or otherwise benefit children who are at least three (3) years of age and not yet enrolled in kindergarten, including the following:
(i) A Head Start program under 42 U.S.C. 9831 et seq.
(ii) A special education preschool program.
(iii) A developmental child care program for preschool children.
(2) The grounds adjacent to and owned or rented in common with a building or other structure described in subdivision (1).
As added by P.L.296-1987, SEC.4. Amended by P.L.34-1991, SEC.27; P.L.9-1991, SEC.95; P.L.2-1992, SEC.880; P.L.81-1992, SEC.38; P.L.1-1993, SEC.240; P.L.160-1994, SEC.1; P.L.1-2005, SEC.227; P.L.145-2006, SEC.370.

 

[down3green]

Here's the definition you're looking for:

.

Thank you - I wasn't convinced that those "grade level" cites were definitive enough.

.

 

[linkinpark9812]

Here's the definition you're looking for:

+1 Thanks. I knew there had to be something more defined than what I found.

 

[.45 Dave]

So, if a school is closed and no longer has classes it is still no-carry??
Since the purpose of the law is to protect the kiddies from that mean old gun that my jump out of our holster and begin randomly shooting, can a closed school still be considered off limits? Or is that one of those gray areas that would be questionable?

 

[linkinpark9812]

So, if a school is closed and no longer has classes it is still no-carry??
Since the purpose of the law is to protect the kiddies from that mean old gun that my jump out of our holster and begin randomly shooting, can a closed school still be considered off limits? Or is that one of those gray areas that would be questionable?

IC 35-41-1-24.7
"School property"
Sec. 24.7. "School property" means the following:
(1) A building or other structure owned or rented by:
(A) a school corporation;

They still own it, even when no kids are there. So NO. And you better watch that jumpy gun!

 

[Bondhead88]

There are no "public school laws." A school is a school if it falls under the definition of a "school" in the Indiana Code whether it is public or private.

Hoosierdood is correct a school is a school. Just like a horse is a horse of course, of course!

 

[ATM]

The purpose of the law is to protect certain buildings from .88 magnums.

[ame]http://www.youtube.com/watch?v=aQvtfHJZTUc[/ame]

 

[linkinpark9812]

The purpose of the law is to protect certain buildings from .88 magnums.

http://www.youtube.com/watch?v=aQvtfHJZTUc

Ah, that law all of a sudden makes sense now!

 

[stephen87]

Okay, since I was thinking about this earlier today and it just happens to fall in the same type of category. I assume I know the answer, but I would still like to see other opinions.

Would a church be off limits everyday if they had a daycare on the property? Let's say it's called a daycare although it's nothing more than a babysitting service due to lack of credentials to show it is truly a daycare?

 

[ATM]

...Would a church be off limits everyday if they had a daycare on the property? Let's say it's called a daycare although it's nothing more than a babysitting service due to lack of credentials to show it is truly a daycare?

If the "daycare" meets any definition of IC 35-41-1-24.7, the property would be off limits all the time.

 

[jedi]

If the "daycare" meets any definition of IC 35-41-1-24.7, the property would be off limits all the time.

^This!

If they have a license from the state of IN then they are a "gun free zone" as well.