Day Care at IUK

[Scout103]

I know there is a day care on campus at IU in Kokomo. I know about carrying on campus and policy vs actual law, but what do I need to know about the day care on campus?


The questions are:

Am I still fine to leave my handgun in my car while taking classes there? (parking lot)

Is there a distance the handgun must be from the cay care?

Thanks again y'all

 

[cak387]

The daycare was not registered as of last year at IUK, however, it now is. I just graduated last December from there and that's a bummer now because now it is off limits. That would be for all of the parking lots also I would assume.

I had spoken with a few different faculty members about carrying and the policy just to see what they thought were the "rules" about it on campus. Even the security office was lost on the actual law and they all said it is against the law, not just against the rules.

So to answer your questions:

1: No, it is not because that would violate IC.

2: It can not be anywhere on the IUK campus which includes the observatory, student center, main building, Hunt Hall, etc. You could park in the neighborhood across the street or one of the houses driveways that some people park at (with permission of course) across the street.

 

[Indy_Guy_77]

The daycare was not registered as of last year at IUK, however, it now is. I just graduated last December from there and that's a bummer now because now it is off limits. That would be for all of the parking lots also I would assume.

I had spoken with a few different faculty members about carrying and the policy just to see what they thought were the "rules" about it on campus. Even the security office was lost on the actual law and they all said it is against the law, not just against the rules.

So to answer your questions:

1: No, it is not because that would violate IC.

2: It can not be anywhere on the IUK campus which includes the observatory, student center, main building, Hunt Hall, etc. You could park in the neighborhood across the street or one of the houses driveways that some people park at (with permission of course) across the street.

I believe that this is almost wholly incorrect.

Just because there is a daycare on a campus this doesn't mean that, automatically, every square inch of said campus is suddenly off limits.

I would argue, however, that the building in which the day-care is contained would indeed be off limits. One would be hard-pressed to even argue the entirety of the parking lot nearest the daycare, too.

-j-

 

[Scout103]

When I went there last semester I always parked above the parking garage, which is the farthest out you can park on campus (although I never had my handgun with me or in my car while on campus). Just to add that bit of info in there, like to hear from more of you on this topic I know this would help a lot of students there.

 

[canav844]

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:
(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.

IC 35-41-1-24.7
"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).

IC 12-17.2
ARTICLE 17.2. DAY CARE REGULATION
IC 12-17.2-1
Chapter 1. Applicability
IC 12-17.2-1-1
Application of article
Sec. 1. This article does not apply to the following:
(1) A child care center or child care home licensed or operated by any of the following:
(A) Programs for children in grades kindergarten through 12 that are operated under the authority of the department of education or that are operated with the assistance of the department of education.
(B) The division of mental health and addiction.
(C) The state department of health.
(D) The department of correction.
(2) A county jail or detention center.

IC 31-27
ARTICLE 27. CHILD SERVICES: REGULATION OF RESIDENTIAL CHILD CARE
IC 31-27-1
Chapter 1. Applicability
IC 31-27-1-1
Application
Sec. 1. This article does not apply to the following:
(1) A child caring institution, foster family home, group home, or child placing agency licensed or operated by any of the following:
(A) Programs for children in kindergarten through grade 12 that are operated under the authority of the department of education or that are operated with the assistance of the department of education.
(B) The division of mental health and addiction.
(C) The state department of health.
(D) The department of correction.
(2) A person who has received a child for adoption.
(3) A county jail or detention center.
As added by P.L.145-2006, SEC.273.

IC 31-27-1-2
Legalization of issuance of certain licenses
Sec. 2. Any license issued to a foster home, day care home, day care center, child caring institution, or children's home that:
(1) was issued before July 1, 1988, without the approval of the state board of health; and
(2) otherwise was issued in compliance with IC 12-3-2 (before its repeal, later codified at IC 12-17-4, before its repeal), as effective before July 1, 1988;
is legalized and validated.

Anything "adjacent to" or "in common with" the daycare is strictly off limits unless you meet the exemptions or wish to commit a class D felony.

Exemptions are:

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.

This is something that desperately needs to be addressed in the next attempt at campus carry IMO.

Though I would be interested to hear from a lawyer if, hypothetically at least; "Sec. 1. This chapter does not apply to the following:(2) A person who has been employed or authorized by: (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." One could say that an LTCH is authorization from the state to carry a firearm, that the state owns the property, and that being admitted as as student, the state would be authorizing you to participate in any activity authorized by the school; because if that would legally hold up (lawyers please feel free to comment) then you would be in violation of school policy not law, which is a whole different ballgame.