Thats good to know, I tried searching for that but I understand that now. But back to the topic, I think in this case it seems that a gun cant be carried to church (AKA school grounds) because its a private school according to the law.
Here's the IC with a little emphasis added
If you get any exemption per the statutes listed; I'd strongly recommend having it in writing and keeping it like an NFA stamp, copy in the safe with copies on you and spare in your car and spare in the bank
A gun CAN be carried to CHURCH.
A gun canNOT be carried to a combination CHURCH/SCHOOL. If the school grounds are attached to the church grounds (shared parking, etc), even if the buildings are separated, then the church is considered a school because they share the property.
So if the church is a stand alone church that does not have a Sunday school, does not have a day care center, and is not a shared property with a school/Sunday school/day care center/etc then you may carry at that church.
"School property"
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).
1) A Sunday School does not qualify as a school.A gun CAN be carried to CHURCH.
A gun canNOT be carried to a combination CHURCH/SCHOOL. If the school grounds are attached to the church grounds (shared parking, etc), even if the buildings are separated, then the church is considered a school because they share the property.
So if the church is a stand alone church that does not have a Sunday school, does not have a day care center, and is not a shared property with a school/Sunday school/day care center/etc then you may carry at that church.
My interpretation of IC 35-47-9-1Here's the IC with a little emphasis added
If you get any exemption per the statutes listed; I'd strongly recommend having it in writing and keeping it like an NFA stamp, copy in the safe with copies on you and spare in your car and spare in the bank
My interpretation of IC 35-47-9-1
Exemptions from chapter
(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.
If one volunteers to serve in the church/school in any way they would be authorized by the church/school and therefore exempt.
Thoughts?
What if there is a fence between the school and the church separating the two properties?
I asked that question of one of our INGO attorney members. I was told that despite the wording and punctuation of the statute, the court would rule against me (as, for example, a parent chaperoning a school dance.)
I did not ask him the basis for his opinion, however considering he gave me an opinion rather than an "it depends", I think I'd not push the issue.
Bottom line: If you want to carry at a school, get permission in writing first from a person authorized to give it. Start with the principal, if there is one; if you start with the superintendent/bishop/cardinal/whatever and are told "no", you only have the school board or the Pope to go to to ask permission.
Better answer: Let's get the law changed such that LTCH holders are no longer prohibited from carry there (and that only as a precursor to full Constitutional carry.)
Blessings,
Bill
Bill, is it correct then that If I were to get written permission from the principal at my kids school that I would then be legal to carry on that school property? This is the way I read the IC and it seems you read it the same way.
WC
I would venture that whatever person/persons do the hiring/approval for hiring is who you'd need to approach.
Generally, that'll probably mean the superintendent and/or school board.
Just another unclear area of this particular section of Indiana Code.
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.
As added by P.L.140-1994, SEC.11.
Agreed it is a little unclear but reading it again it doesn't say whom you have to have authorization from it just says authorized by
Bill, is it correct then that If I were to get written permission from the principal at my kids school that I would then be legal to carry on that school property? This is the way I read the IC and it seems you read it the same way.
WC