Carrying while dropping kids at school

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  • GunnerDan

    Shooter
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    Nov 16, 2012
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    18
    Clark County Indiana
    You can get a DWI if you have the keys in your hand and you happen to be walking toward your car, because that's "intent", for some reason. But, naturally, it's not "intent" if you're using it to defend yourself against a charge of carrying on school property.

    I think you meant to say that this is CONSTRUCTIVE INTENT. That because you possibly could have done something even though you didnt, you care still be charged. Kind of like a kid at an underaged drinking party, they havent been drinking but they are charged with CONSTRUCTIVE POSSESSION because they could have drank.

    Gunner
     

    foszoe

    Grandmaster
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    24   0   0
    Jun 2, 2011
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    What about the person who lives next to a school and has to drive past it to get anywhere. If they are stopped for speeding while going through a school zone and a weapon is spotted in the vehicle, what does the law say in such a case?
     

    AndersonIN

    Master
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    May 21, 2009
    1,627
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    Anderson, IN
    What about the person who lives next to a school and has to drive past it to get anywhere. If they are stopped for speeding while going through a school zone and a weapon is spotted in the vehicle, what does the law say in such a case?

    You're not ON school property so no. But do NOT pull into the school parking lot, baseball diamond, football field etc. to get off the road if being stopped!

    Unless you want to be the TEST CASE!!! :rockwoot:
     

    actaeon277

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    Nov 20, 2011
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    Merrillville
    You're not ON school property so no. But do NOT pull into the school parking lot, baseball diamond, football field etc. to get off the road if being stopped!

    Unless you want to be the TEST CASE!!! :rockwoot:

    Um, don't forget Federal regs apply if he doesn't have LTCH. I think that's 1000 ft or yds of a school.
     

    gunlover85

    Plinker
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    Mar 25, 2013
    15
    1
    Goshen
    So basically, if I'm carrying and picking up my kids from school and have to go into the school for some reason, I have to park off of school property, secure my gun in my car, and walk to the school to get them?

    Is this the same for colleges?
     
    Last edited by a moderator:

    NetPIMP

    Plinker
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    Apr 13, 2012
    119
    16
    Columbus, IN
    Um, don't forget Federal regs apply if he doesn't have LTCH. I think that's 1000 ft or yds of a school.

    Not sure if this is federal, but I remember something in the IC about any unlicensed possession/transport that might be legit otherwise becomes bad joojoo inside 1000ft, unless you're LTCH'd and not stepping on.

    As it happens, my house borders a school - one that I must come within 1000feet of, no matter what route I take, in order to get to my home... mind you, all on public roads (i.e. not on or thru school property).

    So, PRIOR to having my LTCH, was I in violation of the law when I went to/from the range with the guns locked up in the trunk? Or even just having them in the house? Honestly? I don't know... what I have surmised is that when sitting on my own property, the 1000ft rule wouldn't apply because while I am within the "zone", I'm on my own property - and I think my property rights trump that rule.

    I asked a local LEO about it, and to paraphrase his answer: "I don't know the technically correct answer, but I'd tell you that my personal position would be that unless you were outside waving it around like a butt-clown, just keeping it in your home, or passing by because you can't not pass by to go do something legal, I'd probably just leave it alone... i.e. the proverbial 'don't want trouble? don't start trouble!' rule and what not."

    Not exactly the law and the letter, I guess, but +1 for that guy for being what I consider reasonable in the face of what could be conflicting laws.

    I brought up the idea of a completely legit shooting of an intruder (prior to LTCH) and the answer was a less reassuring "I just don't know... hope you don't find yourself having to figure it out."

    Problem (of being inside the "zone") solved-ish now that LTCH is on-hand after a long wait... but, at this point, if I'm letting the dogs crap in the field between the school and me (which is school grounds), presenting the possibility I'll have to step onto their property if one of them takes off, I leave it in the kitchen lockbox... and I don't let them outside the fence at night ;)
     
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