IN Carry Laws: Where not to Carry

[Benny]

From another thread:

My son attends speech therapy once a week at Easter Seals Rehabilitation Center...That isn't considered a school is it? It's attached to St. Mary's parking lot, but I've never seen any signs on the door.

 

[slowG]

Could this maybe be a sticky and updated with all places not allowed to carry? Think this is some important info!

 

[Titanium_Frost]

Could this maybe be a sticky and updated with all places not allowed to carry? Think this is some important info!

It is already in the FAQ and you didn't find it, why would a sticky make people ask the same questions any less?

 

[GunnerDan]

Well one of my concerns is how someone can inadvertently make themselves a criminal because of how the law is written. I understand that laws are written to make people who would not otherwise be a criminal, be a criminal out of no fault of their own.

My concern with the law specifically is this:

IC 35-47-9-2
Possession of firearms on school property, at school function, or on school bus; felony
Sec. 2. A person who possesses a firearm:

(2) in or on property that is being used by a school for a school function;

Used is such a broad way of saying anywhere and everywhere at all. So, if I am at a football game and a class from the local school happens to come there as class field trip, it looks like I am breaking the law and would not even have a clue. The same could be said about basically anywhere at all, the movies, ballgame, mall, wal-mart. I mean I cant think of a single place where one could go, that a school could not be "used by a school for a school function".

Has this ever came up?

Gunner

 

[N8RV]

In or On (K-12) School Property.
On A School Bus.
In or On Property That Is Being Used By A School For A School Function.
Private School (IC 20-9.1-1-3) & (IC 35-41-1-24.7).
Head Start (IC 35-41-1-24.7
Preschool (IC 35-41-1-24.7).
(although IC 35-47-9-1 allows the carry of firearms by persons permitted to possess and who are transporting a person to or from school or a school function.)
On an Aircraft.
Controlled Access Areas Of An Airport
A Riverboat Casino.
During Annual State Fair 80 IAC 4-4-4 (Must lock in Vehicle.)
Shipping Port 130 IAC 4-1-8 (Controlled by the Indiana Port Commission)

Since this thread has been resurrected and contains (some) good information that we should ALL know about when and where we can legally carry, I offer just one teenie-weenie correction to the original list: Open or concealed carry is not disallowed on ALL aircraft -- only on commercial or chartered aircraft. I can hop in my own plane to travel somewhere, just as in my car, and be packin' heat.

Or, I can ask you to come along to lunch somewhere in the plane while you're carrying and we're still OK. Trivial difference, perhaps, but can be an important distinction if you're a private pilot or are asked if you want a ride by one. The guns don't have to stay on the ground:


IC 35-47-6-1
Firearm, explosive, or deadly weapon; possession in commercial or chartered aircraft
Sec. 1. A person who boards a commercial or charter aircraft having in his possession:
(1) a firearm;
(2) an explosive; or
(3) any other deadly weapon;
commits a Class C felony.
As added by P.L.311-1983, SEC.32.

 

[Titanium_Frost]

Well one of my concerns is how someone can inadvertently make themselves a criminal because of how the law is written. I understand that laws are written to make people who would not otherwise be a criminal, be a criminal out of no fault of their own.

My concern with the law specifically is this:

IC 35-47-9-2
Possession of firearms on school property, at school function, or on school bus; felony
Sec. 2. A person who possesses a firearm:

(2) in or on property that is being used by a school for a school function;

Used is such a broad way of saying anywhere and everywhere at all. So, if I am at a football game and a class from the local school happens to come there as class field trip, it looks like I am breaking the law and would not even have a clue. The same could be said about basically anywhere at all, the movies, ballgame, mall, wal-mart. I mean I cant think of a single place where one could go, that a school could not be "used by a school for a school function".

Has this ever came up?

Gunner

This has come up several times. The only real answer is that it is at your own risk since it has never been tested in the courts.

My personal opinion that holds no other merit is that if the general public has access it is not a "school event." Kids from a school on a field trip that happen to come into Burger King (-1) while you are eating there would not make you spontaneously a felon. IANAL

 

[AndersonIN]

This has come up several times. The only real answer is that it is at your own risk since it has never been tested in the courts.

My personal opinion that holds no other merit is that if the general public has access it is not a "school event." Kids from a school on a field trip that happen to come into Burger King (-1) while you are eating there would not make you spontaneously a felon. IANAL

This could be taken to any degree...................such as I'm at one at a steak house and a school bus uses that parking lot because it's bigger to drop off a team for dinner at the Burger King next door and then leaves the bus parted there. Would BOTH places be off limits???? STUPID wording.

 

[GunnerDan]

This could be taken to any degree...................such as I'm at one at a steak house and a school bus uses that parking lot because it's bigger to drop off a team for dinner at the Burger King next door and then leaves the bus parted there. Would BOTH places be off limits???? STUPID wording.

And that is my concern with carrying ANYWHERE at all... I mean if a school needs to only be in a particular location for that location to fall under the legal definition as a place being USED by a school for a school function, then we all could be criminals...

Gunner

 

[Butros17]

It's open to interpretation, but I don't think it's as deep as you think when you pull apart it's literal format.

For example, if you're at a football game, the aforementioned burger king, etc. It's a public place like any other; and it's operating as such. It doesn't matter who patronizes the facility, whether its a high school baseball team, day care or whatever it's still functioning as it's own entity. If a half dozen nuns walked into Burger King, that doesn't make it a church.

Now if a facility has been leased/rented out for an actual school function (fair, graduation ceremonies, school dance, etc) I take that as being a facility being used for a school function.

 

[GunnerDan]

It's open to interpretation, but I don't think it's as deep as you think when you pull apart it's literal format.

For example, if you're at a football game, the aforementioned burger king, etc. It's a public place like any other; and it's operating as such. It doesn't matter who patronizes the facility, whether its a high school baseball team, day care or whatever it's still functioning as it's own entity. If a half dozen nuns walked into Burger King, that doesn't make it a church.

Now if a facility has been leased/rented out for an actual school function (fair, graduation ceremonies, school dance, etc) I take that as being a facility being used for a school function.

The issue is more broad that this. Lets say that a store in a mall has a licensed daycare facility for its employees to use during the course of the workday, that in of itself would make the mall a no-go for carrying. One may never even know that a particular store has a licensed daycare facility unless someone were to visit that store. The law the way it is written does nothing to stop criminals from committing crimes, only to criminalize normally law-abiding citizens.

Gunner

 

[Butros17]

The issue is more broad that this. Lets say that a store in a mall has a licensed daycare facility for its employees to use during the course of the workday, that in of itself would make the mall a no-go for carrying. One may never even know that a particular store has a licensed daycare facility unless someone were to visit that store. The law the way it is written does nothing to stop criminals from committing crimes, only to criminalize normally law-abiding citizens.

Gunner

Valid point. And I know better than to assume/hope/pray that in the event of such a circumstance the law would side with the law abiding person who would legitimately have no way of knowing.

 

[Titanium_Frost]

It's open to interpretation, but I don't think it's as deep as you think when you pull apart it's literal format.

For example, if you're at a football game, the aforementioned burger king, etc. It's a public place like any other; and it's operating as such. It doesn't matter who patronizes the facility, whether its a high school baseball team, day care or whatever it's still functioning as it's own entity. If a half dozen nuns walked into Burger King, that doesn't make it a church.

Now if a facility has been leased/rented out for an actual school function (fair, graduation ceremonies, school dance, etc) I take that as being a facility being used for a school function.

Exactly this.

(IMO) IANAL