Gun in school parking lot.

[henktermaat]

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.​

So- a question: If a person owns a home next to a school, and is within 1000 feet of the school, it's illegal for them to have a gun in their own home?

 

[GuyRelford]

So- a question: If a person owns a home next to a school, and is within 1000 feet of the school, it's illegal for them to have a gun in their own home?

There is an exception for being "on private property not a part of school grounds." See 18 USC 922(q)(2)(B)(i).

 

[finity]

There is an exception for being "on private property not a part of school grounds." See 18 USC 922(q)(2)(B)(i).

Sorry (& I know it wasn't intentional) but I think you have confused the issue.

The "gun-free school zone" section of 18 USC 922 doesn't really change anything with regard to state laws.

If you are carrying legally (including on your own property - even if it's right next to a school) then you can follow state law (i.e. just not carrying directly on K-12 school grounds unless transporting a student) & be fine federally.

If you aren't carrying legally then it's one more thing the feds can charge you with.

 

[GuyRelford]

Sorry (& I know it wasn't intentional) but I think you have confused the issue.

The "gun-free school zone" section of 18 USC 922 doesn't really change anything with regard to state laws.

If you are carrying legally (including on your own property - even if it's right next to a school) then you can follow state law (i.e. just not carrying directly on K-12 school grounds unless transporting a student) & be fine federally.

If you aren't carrying legally then it's one more thing the feds can charge you with.

I'm not confusing anything. I was asked a direct question regarding the federal prohibition against carrying a firearm within 1000 feet of a school zone - and I pointed out the applicable exception for being on private property not a part of the school. I never said that changed anything about state law.

 

[hbarn]

My son is the former president of Students for Concealed Carry. Anything for self-defence is illegal to carry in anywhere on university property. The SCCC have alot of information. Go to their site or YouTube (Mike Guzman SCCC).

 

[finity]

I'm not confusing anything. I was asked a direct question regarding the federal prohibition against carrying a firearm within 1000 feet of a school zone - and I pointed out the applicable exception for being on private property not a part of the school. I never said that changed anything about state law.

Yes, but the original question was if it was OK to leave a gun unattended in a vehicle on school grounds.

You muddied the waters a little by throwing out the federal law that only effects people who are already carrying a gun illegally in IN.

Hence, the question you got about the 1000 ft gun free zone. There was confusion about the law you posted that didn't ultimately change the answer to the original question or even change anything related to the direction the thread had taken afterward.

There was nothing personal, I was just trying to help in clearing up a POSSIBLE point of confusion. You know how the internet can be.

Bottom line:

In Indiana, the federal "gun-free school zone" law only effects those who possess or are carrying a gun already ILLEGALLY under state law. If you possess or carry the gun legally under state law the federal law doesn't apply to you.

If you possess or carry illegally then there is ALSO the federal law you can be charged under.

 

[finity]

My son is the former president of Students for Concealed Carry. Anything for self-defence is illegal to carry in anywhere on university property. The SCCC have alot of information. Go to their site or YouTube (Mike Guzman SCCC).

It's not illegal in IN. It's just against school policy.

 

[GuyRelford]

Yes, but the original question was if it was OK to leave a gun unattended in a vehicle on school grounds.

You muddied the waters a little by throwing out the federal law that only effects people who are already carrying a gun illegally in IN.

Hence, the question you got about the 1000 ft gun free zone. There was confusion about the law you posted that didn't ultimately change the answer to the original question or even change anything related to the direction the thread had taken afterward.

There was nothing personal, I was just trying to help in clearing up a POSSIBLE point of confusion. You know how the internet can be.

Bottom line:

In Indiana, the federal "gun-free school zone" law only effects those who possess or are carrying a gun already ILLEGALLY under state law. If you possess or carry the gun legally under state law the federal law doesn't apply to you.

If you possess or carry illegally then there is ALSO the federal law you can be charged under.

I don't believe I could have caused any confustion, since I specifically stated 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."

Keep in mind that not everyone on INGO has a LTCH, and - for that reason - I thought folks should be aware of the federal statute, that is broader than Indiana's in some respects. Knowledge is never a bad thing.

 

[jedi]

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.

Why are they banning flashlights?

 

[Archaic_Entity]

Bludgeoning objects. You never know when I may wanna whack someone with my flashlight. Caribiners can be used as brass knuckles, too. Especially when I want to break my knuckles when hitting my foe I typically use it.

 

[minuteman32]

Actually, one could be legally carrying a gun in their vehicle in IN w/o a license (shotgun or rifle), and violate the federal gun free school zone law. No license needed to have a long gun in your vehicle (or on your person, for that matter) & every year, thousands of hunters & shooters are driving all over the state w/ long guns in their vehicles going to/from the field (or just leaving it in the vehicle all the time, like a lot of farmers I know).
To be honest, an LEO would have to be a pretty big rectal sphincter to bust someone for this & nothing else!

 

[GuyRelford]

Actually, one could be legally carrying a gun in their vehicle in IN w/o a license (shotgun or rifle), and violate the federal gun free school zone law. No license needed to have a long gun in your vehicle (or on your person, for that matter) & every year, thousands of hunters & shooters are driving all over the state w/ long guns in their vehicles going to/from the field (or just leaving it in the vehicle all the time, like a lot of farmers I know).
To be honest, an LEO would have to be a pretty big rectal sphincter to bust someone for this & nothing else!

Excellent point!

 

[JD31]

Since the 1985 ruling in New Jersey vs. T.L.O., most searches can be made with reasonable suspicion in schools.

Many handbooks now read-----Searches of lockers, motorized vehicles and students shall be conducted under the appropriate legal standard, to maintain the safety and security of students, teachers, guests, and school property.

If someone reports that you MAY have firearms in your car on school property, I imagine it would quickly be reported to local law enforcement, and your vehicle searched with that threshold of "Reasonable Suspicion" being met.

IANAL, but I did take numerous School Law courses while working on my degree in education.