IN Carry Laws: Where not to Carry

[Icarry2]

After a quick use of my google-fu I found this..

The United States Postal Service (USPS). Is it government agency or a private business? It's both.

I got that it says yes but no to the government agancy question.. I dunno, I guess we see..

 

[NullSyndrome]

Yes, you can. As long as you are the one doing the driving, and you must stay in your vehicle.

This is good info, and I read your posting of the statute. But do you have to stay in the vehicle, or does the weapon have to stay in the vehicle? Say I pick my daughter up from school, and I go in to get her (she is in Kindergarten), leaving my weapon in the locked vehicle. Or say, even locked in the trunk because I had been at the range earlier. Legal or not?

 

[moischmoe]

This is good info, and I read your posting of the statute. But do you have to stay in the vehicle, or does the weapon have to stay in the vehicle? Say I pick my daughter up from school, and I go in to get her (she is in Kindergarten), leaving my weapon in the locked vehicle. Or say, even locked in the trunk because I had been at the range earlier. Legal or not?

You must remain in the vehicle. If it's possible at your school, park off-property somewhere and then you can leave your gun in your vehicle. I know at some rural schools, this is impossible. There is legislation in the works that would allow guns to be locked in vehicles on school property. I hope it passes soon.

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.
(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.
(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.

 

[JayPea]

I'll never forget when I had to explain what kind of "Coke" I wanted.

Sorry to be a few years late to this topic, but...

The proper answer of course is 'Dr. Pepper' down south.

It wasn't until I left TX that I ever heard of 'swaytay' or 'un-'swaytay''! It was always just 'tay' - sweetened of course!

 

[Primetimeclimber]

one issue I've had is the company policy of no firearms on company property, including parking lots. The LP suits have told us on several occasions that although federal law allows employees to leave their guns in their vehicles, we would need to park in the lot across the street so it is not on company property, otherwise it is a "gross misconduct" policy violation which results in immediate termination. I like having my glock with me, but not as much as I like keeping my job.

 

[protias]

one issue I've had is the company policy of no firearms on company property, including parking lots. The LP suits have told us on several occasions that although federal law allows employees to leave their guns in their vehicles, we would need to park in the lot across the street so it is not on company property, otherwise it is a "gross misconduct" policy violation which results in immediate termination. I like having my glock with me, but not as much as I like keeping my job.

False. July 1, 2010, it became state law that no company could bar its employees from having firearms in their locked vehicles.

 

[Timjoebillybob]

False. July 1, 2010, it became state law that no company could bar its employees from having firearms in their locked vehicles.

That's not quite true. There are exceptions in the law regarding colleges, public utilities,chemical facilities under DHS anti-terrorism regs...

 

[Primetimeclimber]

They're not saying I cannot have a firearm in a locked vehicle, they just say that I cannot be parked on company property as it can be a safety hazard for customers and other employees. Again, I realize that federal law protects us, but its not worth me losing my job over it.

In the highly unlikely event that I were to be fired specifically for that reason I could fight it as wrongful termination, but there would be a lot more that would have to happen in order for my glock to be found in my vehicle, and that would be legitimate reasoning for termination.

 

[fenderpbass]

You should be okay if you are stopped by a LEO in front of a school. The street is city property and the schools property starts at X amount of feet from the street. Correct me if I am wrong.

 

[campbellrus]

cc question

Hi
in Indiana, can employers prohibit employees from legally having a firearm in their locked vehicle if it is parked on company property? If no, then what about public school teachers/educators?

thanks,

 

[ATM]

Hi
in Indiana, can employers prohibit employees from legally having a firearm in their locked vehicle if it is parked on company property?

No, but there are exceptions.

If no, then what about public school teachers/educators?

thanks,

School property is one of those exceptions and it is a criminal violation as well.

 

[norman428]

Since this already got bumped, I had a question.... I ride my bike quite a bit, and tend to carry my G21 when I do so, this past fall I was riding through a park where, after about half way through, I realized there was a school field trip in progress, Technically was I in violation of the law? Since that is an area where a school function is taking place...even though it is a public park..

I made sure to double back and exit the park before passing the school event, Just under the assumption that If noticed It would cause issues either way.

 

[ATM]

... I realized there was a school field trip in progress, Technically was I in violation of the law?

No, but there are a few that might argue my opinion.

(They are wrong.)

 

[Bill of Rights]

Since this already got bumped, I had a question.... I ride my bike quite a bit, and tend to carry my G21 when I do so, this past fall I was riding through a park where, after about half way through, I realized there was a school field trip in progress, Technically was I in violation of the law? Since that is an area where a school function is taking place...even though it is a public park..

I made sure to double back and exit the park before passing the school event, Just under the assumption that If noticed It would cause issues either way.

Technically, the law contains what's referred to as "strict liability", meaning that you need not intend to commit the crime. The fact of having the gun in a place being used by a school for a school function is what creates the violation. Where the discrepancy comes in is that some (including my friend ATM) believe that the place should (or must) be rented out solely for the use of the school. The problem is that the law does not define this point (e.g.: What is "property being used by a school for a school function"? and in the absence of that definition, the common definitions of the words apply and the problem is that that is then up to the judge.

So.... Does the law specifically state that a school field trip in a park or stopping at a McDonald's for a meal is covered under that law? No, but neither is it stated that that is not included. The approach others have taken is more trusting in liberty and individual rights. Mine is more cautious, and less trusting in individuals wearing black robes. After four of the Justices on the highest Court in the country make it clear that to them, there is no 2nd Amendment, at least not one that guarantees an individual right, in effect inserting their personal prejudices into a case where the letter of the law is exceedingly clear, I cannot afford to automatically consider a judge to be someone I can trust to be impartial, despite the fact that that is their job. As long as mens rea (criminal intent) is not an element of the crime, I can't trust that a judge will automatically see that my having been in the park while the children were there happened only because I had no way of knowing they'd be there prior to entering.

Thus, regardless of ATM's statement, it's not that I'm wrong, just more cautious. The "crime" needs to become a dead letter or better yet, be repealed, but for now, I'd settle for the "baby step" of making mens rea an element of the "crime".

Obligatory disclaimer: IANAL.

Blessings,
Bill

 

[mrortega]

It's a shame that the law is so wide open to being settled by judicial interpretation. I would interpret a bus load of kids stopping at a McDonalds for lunch to NOT be a school function. I would conversely consider a field trip by a bus load of kids to McDs to see how the store operates, where the extra grease is stored, how the dishes are washed, etc. to BE a school function. In a large park I would interpret a gathering of school kids to create a "school function" in the specific area that they are using such as a shelter house, the main swimming pool or a baseball diamond but not a remote area such as hiking trails, shelter houses far removed or other things of that nature.

That said, I don't want to be a test case. However, I won't get up and leave a McDs if I'm there and the rug rats show up for lunch. If they are swimming in the pools at Burdette Park in Evansville I'll still go to a wedding reception at Discovery Lodge. If they are at the muesum I'll still ride the Greenway trail.

 

[ATM]

...Thus, regardless of ATM's statement, it's not that I'm wrong, just more cautious...

You know, I was grinning when I said that.

Actually, I think I've come a long way. Everything in me wanted to end the answer at No.

 

[Shift Zombie]

My wife was considering IVtech in Gary. I told her "not without a gun. . ." Sadly, I was being serious. With the assortment of extremely concealable guns now'a'days, I'd say it's not a bad idea to carry on campus. Little Ruger LCP, a Bersa Thunder .380, even a sub-compact anything would do. IWB holster, and no one's going to see it. I'd rather see her booted out of IVTech than raped, killed, mugged, or all of the above. Last time I went out that way, I didn't feel safe during the day.

 

[Kirk Freeman]

You cannot carry in Chuck E. Cheeses as there are far too many five year old girls there.

 

[GuyRelford]

You cannot carry in Chuck E. Cheeses as there are far too many five year old girls there.

Aw, a tactical decision, as weapon retention becomes precarious!

 

[Kirk Freeman]

Aw, a tactical decision, as weapon retention becomes precarious!

I characterize it as strategic.

Given the virtual certainity of a five year old girl taking an openly carried pistol, who really wants to be rolling around in the big pen of plastic balls while 5 year old Ella is pistol whipping you into next week?