School property - where does it end?

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  • Alerion

    Plinker
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    0   0   0
    Mar 13, 2009
    34
    6
    Bloomington
    i talked to local law enforcement in my home town and they said you cant have ANY firearm with 1000ft of school property. they arrested a man for owning a shotgun and was living with in the 1000ft range. the way that he got caught was that he was selling drugs and then they hit him with having a gun within 1000ft of school property.

    Your local law enforcement is wrong! But he (I assume it was one officer) may have been confusing or combining statutes. Most likely;

    IC 35-47-2-23
    Violations; classes of misdemeanors and felonies
    ...
    (c) A person who violates section 1 of this chapter commits a Class A misdemeanor. However, the offense is a Class C felony:
    (1) if the offense is committed:
    ...
    (B) within one thousand (1,000) feet of school property; or
    ...

    ...along with section 1...

    IC 35-47-2-1
    Carrying a handgun without a license or by person convicted of domestic battery
    ...

    ...also...

    the way that he got caught was that he was selling drugs and then they hit him with having a gun within 1000ft of school property.

    Either the gun or the proximity to a school will bump a misdemeanor drug charge up to a felony. But that's under the bonus points section of the drug laws.
     

    Alerion

    Plinker
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    0   0   0
    Mar 13, 2009
    34
    6
    Bloomington
    Six replies, and only two closely resembles answering the question? :dunno:

    Is a sidewalk, by the street, public property or is it school property?

    There are many communities in Indiana that have laws requiring property owners to maintain drives and sidewalks on their property. Schools are required to maintain (think snow removal) their own sidewalks, drives, parking lots, etc. so that's a pretty good indication that these items are considered part of their property. Public access doesn't make it public property.

    As far as property lines extending to the center of the street... that may be the legal property ownership concept but try exerting ownership rights over the street in front of your house sometime. Try something simple like buliding a garage on your side of the centerline. The reality is that the local government has taken over all the ownership rights and responsibilities (including maintainence and liability) of that property.
     

    agentl074

    Expert
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    Oct 5, 2008
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    This is yet another reason why the law that nullifies our License to Carry Handgun on school grounds and other gov't property should stricken and it should be our #1 legislative priority.

    Exactly! You hit the nail right on the broad noggin :ingo:
     

    JosephR

    Shooter
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    0   0   0
    Apr 12, 2008
    1,466
    36
    NW IN
    According to my husband, who is never wrong......The school property extends to the middle of the roadway in front of it. That makes the sidewalk off limits as well as that part of the street. Cross the street to be safe and don't OC if you are going to be near a school. It will save you some hassle should someone get panicked.

    I'll step in now and let you know your husband is most likely wrong.

    School property is the property the school owns.

    Are there sidewalks in front of the school and on both sides of the street? Does the street have curbs? If yes, then chances are the right of way of the street extends to the back of the sidewalk.

    In most subdivisions, sidewalks are public property and are in the street right of way as is the lawn you mow in between the curb and sidewalk- that's all public. This is why it can be torn up for roadwork as long as the city/town/county pays to replace it.

    You do NOT own anything on the sidewalk or those trees you planted in your parkway...

    The only time you will see a school or anyone else own to the center of the road is if you are in a VERY rural area and there are no sidewalks. You will not see curbs either and will more than likely see roadside swales and no manholes/catch basins/inlets for drainage.

    Call your county recorder's office and ask for their plats department. Ask if there is someone you can talk to about the street width in front of "xx" school. If he has a number for you- be it 100', 60', 66' etc. the land has been subdivided and the school owns property NOT in the street.

    Hope this helps.
     

    SootKing

    Plinker
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    0   0   0
    Mar 31, 2009
    91
    6
    not tellin
    i brought mine to school and left it in my truck by accident today, really made me nervous cuz i couldnt hide it once i got there!
     

    agentl074

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    The funny thing about laws is interpretation. It's not exactly like fences and restricted area signs are present - marking the "school zone". The school carry law needs to be repealed IMHO.
     

    kludge

    Grandmaster
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    Mar 13, 2008
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    I do not own the sidewalk in front of my house or the strip of grass beyond it, but I am obligated to take care of it.
     

    jeremy

    Grandmaster
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    Feb 18, 2008
    16,482
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    Fiddler's Green
    Kludge, maybe you should think about sending them a bill for maintaining this "right of way" for them...

    That does not work. The county sent out a letter that us ag land owners were responsible for maintaining the side ditches in our locality. The first year we sent the county a bill for fuel and man hours. No response from them, was not really expecting one either. The second year we farmed to the road. That got a response. :D
     

    agentl074

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    That does not work. The county sent out a letter that us ag land owners were responsible for maintaining the side ditches in our locality. The first year we sent the county a bill for fuel and man hours. No response from them, was not really expecting one either. The second year we farmed to the road. That got a response. :D

    Yeah I know about that ... ain't that crap for farmers? ...Don't own it but you have to maintain it :noway: Ya lol if you maintain it - you should be allowed to USE IT :laugh:
     

    aikidoka

    Sharpshooter
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    0   0   0
    Apr 30, 2009
    531
    18
    Hammond
    The funny thing about laws is interpretation. It's not exactly like fences and restricted area signs are present - marking the "school zone". The school carry law needs to be repealed IMHO.

    Agreed! I walk and ride my bike on the weekend and where I'm at in Hammond I have a couple schools and PUC that I have to go out of my way to avoid.
     

    minuteman32

    Expert
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    Mar 23, 2008
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    Central IN
    Also, what a lot of folks don't realize is the same law applies to daycares, too. How many of us know every house in an area that is actually a daycare as well. They may have a big sign advertising the fact, a small, obscure sign, or no sign @ all!
     

    Beau

    Master
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    Jan 20, 2008
    2,385
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    Colorado
    Also, what a lot of folks don't realize is the same law applies to daycares, too. How many of us know every house in an area that is actually a daycare as well. They may have a big sign advertising the fact, a small, obscure sign, or no sign @ all!
    I'm not sure if I'm right on this but I think the law only applies to licensed daycares.
     

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