Getting pulled over in a school zone

[target64]

I would recommend doing what the laws say.
Emergency vehicles; yield of right-of-way
Sec. 35. (a) Upon the immediate approach of an authorized
emergency vehicle, when the person who drives the authorized
emergency vehicle is giving audible signal by siren or displaying
alternately flashing red, red and white, or red and blue lights, a
person who drives another vehicle shall do the following unless
otherwise directed by a law enforcement officer:
(1) Yield the right-of-way.
(2) Immediately drive to a position parallel to and as close as
possible to the right-hand edge or curb of the highway clear of
any intersection.
(3) Stop and remain in the position until the authorized
emergency vehicle has passed.

While I thank you for taking time to post the above law. It would have been nice if it actually applied to the OP's question. What you refer to has nothing to do with the being pulled over in a atraffic stop.

 

[finity]

My understanding of the law is even if you did pull over on school property, just leave your handgun in the car if you have to get out. As long as you an your handgun are in the vehicle there is no crime, even on school property..if the officer asked you to get out, let him know an he can make the decision how to handle your exit if required.

No. That's not correct.

The only exception for you to carry a gun onto school property is if you are picking up or dropping off someone at the school & YOU DO NOT EXIT YOUR VEHICLE. There are no other exceptions for the average person.

IC 35-47-9-1
Exemptions from chapter
Sec. 1. This chapter does not apply to the following:
.
.
.
(3) A person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle that is being operated by the person to transport another person to or from a school or a school function.

Knives are not allowed in schools, yet every time I go to a school during a function open to the public, I see a ton of knife clips on pockets.

Knives, IN GENERAL, aren't banned from school property. Only knives that are intended to be used as a weapon are banned. Even then you may still have the knife on school property if it locked up in your vehicle.

IC 35-47-5-2.5
Possession of a knife on school property
Sec. 2.5. (a) As used in this section, "knife" means an instrument that:
(1) consists of a sharp edged or sharp pointed blade capable of inflicting cutting, stabbing, or tearing wounds; and
(2) is intended to be used as a weapon.
.
.
(d) This section does not apply to a person who possesses a knife:
.
.
(2) if the knife is secured in a motor vehicle.

 

[IndyBeerman]

I would recommend doing what the laws say.
Emergency vehicles; yield of right-of-way
Sec. 35. (a) Upon the immediate approach of an authorized
emergency vehicle, when the person who drives the authorized
emergency vehicle is giving audible signal by siren or displaying
alternately flashing red, red and white, or red and blue lights, a
person who drives another vehicle shall do the following unless
otherwise directed by a law enforcement officer

While I thank you for taking time to post the above law. It would have been nice if it actually applied to the OP's question. What you refer to has nothing to do with the being pulled over in a traffic stop.

DING DING DING

We have a winner.

 

[libertybear]

While I thank you for taking time to post the above law. It would have been nice if it actually applied to the OP's question. What you refer to has nothing to do with the being pulled over in a atraffic stop.

I have to strongly disagree. I consider a police car to be an emergency vehicle and if you follow the law that was posted you will not end up on school property. So I say it's good advice to the OP to follow said law.

If I see a police car, fire truck, ambulance etc. in my mirror I pull over just like the law says and 9 times out of 10 they go around me. If your getting pulled over they will pull over right behind you.

 

[j706]

While I thank you for taking time to post the above law. It would have been nice if it actually applied to the OP's question. What you refer to has nothing to do with the being pulled over in a atraffic stop.

Uhmmm...I believe it pretty much spells out what you are required to do in case you are stopped. Pull over immediately. I know that is complicated for some to understand.

 

[Kirk Freeman]

Pull over immediately

Unless the police say, don't pull over immediately and drive to a safe spot, e.g. where you are not breaking the law by having a gun on school property:


[ame=http://www.youtube.com/watch?v=xSJxDCC9Qcw]YouTube - Dothan Police Chief Greg Benton's Advice on Blue Lights Behind You[/ame]

 

[sj kahr k40]

I'm not pulling into school lot unless a LEO orders me too.

 

[pftraining_in]

If you are in legal possession of the firearm, it would not be a violation. The law is based on possession while inside the school or on school property for a function.

 

[sj kahr k40]

If you are in legal possession of the firearm, it would not be a violation. The law is based on possession while inside the school or on school property for a function.

Possession in those two circumstances is prohibited. In fact any possession of a firearm except when dropping off or picking up is prohibited.

 

[Kirk Freeman]

If you are in legal possession of the firearm, it would not be a violation. The law is based on possession while inside the school or on school property for a function.

No, it is not. Let's look at the statute in question:

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.

Indiana Code 35-47-9-2 (emphasis added).

The property does not have to be used for a function (e.g. a rental hall); it merely has to be "school property."

 

[pftraining_in]

Possession in those two circumstances is prohibited. In fact any possession of a firearm except when dropping off or picking up is prohibited.

So what are your saying?

If you have been stopped for a traffic violation and you pull onto a school lot to exit the traffic lane, you are not in violation of the firearm on school property law. You are not at the school for an event or to spend time there, you are simply momentarily stopped for the traffic violation.

 

[Kirk Freeman]

One need not be there for an event or to hang out.

 

[public servant]

Don't speed in school zones and it probably will not be an issue.

*note the word probably

 

[pftraining_in]

No, it is not. Let's look at the statute in question:

Possession of firearms on school property, at school function, or on school bus; felony

So as an attorney and former prosecutor you are saying that I should go back and file on every person I have ever stopped on school property with a firearm who was in legal possession?

 

[E5RANGER375]

if i get pulled over, i will pull over as soon as it takes me to safely come to a stop. if the cop wants to pull me over on a one lane road with a 10ft ditch on the side and traffic flying by, then it is his choice, and i hope hes getting hazard duty pay, cause thats where im stopping. its not my job to risk my freedom to find a place down the road to ensure the officers safety or move out of a school zone. its my civic duty to obey laws and the officers that enforce them. if we get hit because he pulls me over in an unsafe place then its his and his departments fault, not mine. also the law allows you to safely drive, non-stop, through school zones while carrying your gun without recourse. if he stopped you there then it was beyond your control. besides, whos gonna tell him you have guns in the car??? Im sure as hell not going too.

 

[sj kahr k40]

So what are your saying?

If you have been stopped for a traffic violation and you pull onto a school lot to exit the traffic lane, you are not in violation of the firearm on school property law. You are not at the school for an event or to spend time there, you are simply momentarily stopped for the traffic violation.

Possesion on school property is illegal, no mater what the circumstance. Except in the case of dropping off or picking up.

With that being said I think you would have a good defense if a LEO ordered you to stop there.

 

[public servant]

if we get hit because he pulls me over in an unsafe place then its his and his departments fault, not mine.

More than likely it would be the fault of the person who hit you. But again...had you not been speeding in the first place (providing you were)...

 

[pftraining_in]

Possesion on school property is illegal, no mater what the circumstance.

So if you are driving through a town that has a school and you get stopped, you should go to jail for possession of a firearm on school property? Did you not have the firearm on school property at one time while you drove by?

 

[sj kahr k40]

Not driving by a school but on school property yes, I make sure my firearms stay at home when I have to be on school property.

 

[E5RANGER375]

More than likely it would be the fault of the person who hit you. But again...had you not been speeding in the first place (providing you were)...

agreed. also let me clarify what i wrote and say that i truely DO NOT EVER wish to see an officer of the law harmed. its a tradgedy when it happens. i wasnt implying that was my goal. i know you didnt acuse me of that Public Servant, but I just wanted to clarify.

i rarely do speed, and truely if i catch myself doing it, its my own stupid fault for paying more attention to driving than speed. i've had a lot of professional training when it comes to driving, so im pretty good at maintaining proper speed. If i do get pulled over for speeding, then i will be mad at myself for doing it, and man up and pay the ticket. im not a weesle that will try to make excuses to an officer. they have more work to go do, and i have somewhere im going too.