Gun in school parking lot.

[Bill of Rights]

Absolutely.

This is why one of our highest legislative action priorities is to remove the section of the Indiana Code that invalidates our License to Carry Handgun on school grounds. It has to go and now!

Absolutely.

This is why one of our highest legislative action priorities is to remove the sections of the Indiana Code that invalidate our License to Carry Handgun [strike]on school grounds[/strike] anywhere. It has to go and now!

FTFY. Good to see you around, Rhino!

Blessings,
Bill

 

[rhino]

Thanks for the fix and the welcome!

 

[MolonLabe]

If you're going to a university you're fine in terms of legality. The Indiana statute refers to K-12 schools. But, if for some reason your gun is seen and you are asked to leave, do it.

Do you have a case cite to back that up? I'm not doubting you, just haven't been able to find it. There's nothing I found in the code which specifies that it's only K-12

 

[Archaic_Entity]

Do you have a case cite to back that up? I'm not doubting you, just haven't been able to find it. There's nothing I found in the code which specifies that it's only K-12

This, at least, is the statute defining what is "School Grounds."


IC 35-41-1-24.7
"School property" defined
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).

If I'm reading that correctly, it does not apply to any sort of university or educational facility not directly tied to the K-12 and pre-k educational system.

 

[techres]

Locker perhaps. Vehicle, oh you KNOW you better have a warrant.

IIRC they do not need a warrant. They can impound the car and then "inventory it". The "inventory" will find the firearm and BAM! you have your conviction.

Park across the street.

 

[Archaic_Entity]

IIRC they do not need a warrant. They can impound the car and then "inventory it". The "inventory" will find the firearm and BAM! you have your conviction.

Park across the street.

If I remember correctly, at least in North Carolina, you absolutely sign away all privacy the second you're on school grounds. At least, as a student. I know they could search anything you owned that was on school grounds.

As for not being a student, I couldn't tell you for sure. My thought is that they could search it if they really wanted to. Or, like techres said, impound it then search, then you're convicted.

 

[MolonLabe]

This, at least, is the statute defining what is "School Grounds."


IC 35-41-1-24.7
"School property" defined
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).

If I'm reading that correctly, it does not apply to any sort of university or educational facility not directly tied to the K-12 and pre-k educational system.

I think you may be wrong. Remember all the legal uproar in the past few years for kids wanting the legal right to carry guns on college campuses? I'm pretty sure its against the law still. I'll ask our staff attorney and try to get a solid answer backed up with either a case cite or an IC code.

 

[Griffeycom]

I think you may be wrong. Remember all the legal uproar in the past few years for kids wanting the legal right to carry guns on college campuses? I'm pretty sure its against the law still. I'll ask our staff attorney and try to get a solid answer backed up with either a case cite or an IC code.

It is perfectly legal to carry guns on college campuses. College campuses are not "school property" as "school" is defined in the IC.

 

[NateIU10]

I think you may be wrong. Remember all the legal uproar in the past few years for kids wanting the legal right to carry guns on college campuses? I'm pretty sure its against the law still. I'll ask our staff attorney and try to get a solid answer backed up with either a case cite or an IC code.

The uproar is that the schools, as state institutions, have rules barring the possession of firearms. These rules can lead to expulsion from school. That's the problem, it isn't illegal.

 

[MolonLabe]

The uproar is that the schools, as state institutions, have rules barring the possession of firearms. These rules can lead to expulsion from school. That's the problem, it isn't illegal.

That's what my research determined. I kept finding quite a few stories about it, but they all kept citing policy, rather than law.

 

[GuyRelford]

Folks should keep in mind that in addition to the Indiana statute, IC 35-47-9-2, which states:​

“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,”​

there is also a Federal statute, which states:​

“It shall be unlawful for any individual to possess a firearm . . . at a place the individual knows, or has reasonable cause to believe, is a school zone.” 18 USC §922(q)(2), and​

“The term ‘school zone’ means – (A) In, or on, school grounds of, a public, parochial or private school. (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school . . . . The term ‘school’ means a school which provides elementary or secondary education, as determined by State law.” 18 USC §921(25),(26).​

The good news is that there are several exceptions to the federal prohibition of firearms in a “school zone,” including a firearm in the possession of anyone licensed to carry a firearm in the state in which the school zone is located.​

 

[AndersonIN]

If you take a tour of the Indiana Supreme Court at the capital they will tell you about the hooks OUTSIDE OF THE COURT ROOM where you were instructed to hang your guns prior to entering the court. So it was LONG before 1994 or 1894 for that matter.

 

[glockjho15]

Do the laws of schools being no carry zones apply to off duty law enforcement officers??

 

[minuteman32]

Do the laws of schools being no carry zones apply to off duty law enforcement officers??

No. That is the very reason (well one rather compelling one, at least) that I went through all of the trouble of becoming a reserve LEO!!

 

[JBob77]

Does anyone know the actual code that prohibits carry in court houses, particularly County courthouses. I have always heard that, but can't seem to find the code. Also, if anyone knows a better way to search code than I am using, tips are appreciated.

 

[minuteman32]

My understanding is that there wasn't a law passed to this effect. Instead, the IN Supreme Court decided that they wanted all courtrooms to be gun free and either dictated or 'encouraged' the judges in the various counties to make the entire building that their court is in to be gun free, as well. Since it was a ruling by a/the judge, it would be a contempt of court charge to be caught in violation.

 

[Kirk Freeman]

Does anyone know the actual code that prohibits carry in court houses, particularly County courthouses. I have always heard that, but can't seem to find the code. Also, if anyone knows a better way to search code than I am using, tips are appreciated.

Hello, JBob, I would try your county website and see if Scott County has anything.

Here's Tippecanoe County's:

http://www.tippecanoe.in.gov/egov/docs/1104873318_169281.pdf

Next, I would call the Clerk of the Court or Scott Circuit Court and see if there is an order (usually by the Circuit Court judge) prohibiting carrying of firearms/deadly weapons inside the courthouse.

An ordinance violation can be a hassle, but contempt of court can ruin one's day.

 

[GuyRelford]

Do the laws of schools being no carry zones apply to off duty law enforcement officers??

Here is the code section:

"IC 35-47-9-1
Exemptions from chapter
Sec. 1. This chapter does not apply to the following:
(1) A:
(A) federal;
(B) state; or
(C) local;
law enforcement officer."

IC 35-47-9-2 is the section that prohibits firearms on school property.

 

[GuyRelford]

Does anyone know the actual code that prohibits carry in court houses, particularly County courthouses. I have always heard that, but can't seem to find the code. Also, if anyone knows a better way to search code than I am using, tips are appreciated.

There is no state-wide statute that prohibits firearms in courhouses, but the authority to regulate firearms in courthouses has multiple origins. Here is a copy of slide 64 of my Indiana Gun Law course:

Courthouses

Firearms are prohibited in most (if not all) courts. The authority of courts to prohibit firearms within their buildings is multifold:

• As indicated, local governments (counties, etc.), may regulate firearms “with respect to land, buildings, or other real property owned or managed by the local government” under Ind. Code §35-47-11-2, which would authorize a county, for example, to pass a local ordinance that prohibits firearms in county courthouses.​

• State law also authorizes local courts to “establish rules for their own government under, supplementary to, and not conflicting with the rules prescribed by the supreme court or any statute.” See IC 34-8-1-4. This would authorize a court to issue a local court rule that prohibits firearms.​

• In addition, local courts are also authorized to issue their own standing orders that regulate conduct in their courtrooms. This has resulted in several courts issuing standing orders prohibiting firearms in their courtrooms or on courthouse property. ​

 

[oldfb]

I have to worry about my daughters forgetting to unpack their folding knives and flashlights before going to school. Since now flashlights are banned.

My one daughters came home from highschool freaked out because many of her road emergency items are banned and they are talking random searches.

I am just afraid she will use her cold steel sharkie in class and get expelled.

I think I am going to get her a e-tool shovel for her trunk.