Carry within 500 foot of a school...

[Joniki]

I have read several articles about the Constitutional carry law that goes into affect on the 1st of July. ALL of them state it is against the law to carry a firearm within 500 feet of a school.

 

[ditcherman]

Not sure if this is more question or statement, but you might get more eyeballs on it over here…

What we know about the state of the permitless carry law going into effect July 1

So I scroll through it, seems pretty straight-forward. Covers this pretty good. Who is prohibited from possessing or carrying a handgun? Yes it is illegal to carry under ConC under the same circumstances it is under the current licensing system... since carrying without a license got a...

www.indianagunowners.com

 

[Joniki]

Not sure if this is more question or statement, but you might get more eyeballs on it over here…

What we know about the state of the permitless carry law going into effect July 1

So I scroll through it, seems pretty straight-forward. Covers this pretty good. Who is prohibited from possessing or carrying a handgun? Yes it is illegal to carry under ConC under the same circumstances it is under the current licensing system... since carrying without a license got a...

www.indianagunowners.com

Thanks for the link. This is the news statement I am wondering about:

• the offense is committed on or in school property, within 500 feet of school property, or on a school bus

If someone is stopped for a school bus and gets rear ended near a school, they are guilty of a felony???

 

[ditcherman]

Thanks for the link. This is the news statement I am wondering about:

• the offense is committed on or in school property, within 500 feet of school property, or on a school bus

If someone is stopped for a school bus and gets rear ended near a school, they are guilty of a felony???

Well, I can take my kids to school with a gun in the truck, on me, whatever, even locked in the car (if I go in). So I would assume since it’s legal to carry ‘incidentally’ on school grounds, that it is just the news trying to confuse and suppress.

 

[TheWiredFox]

There is a 500 ft rule if you are selling drugs or various other nefarious activity. Maybe a chomo can't be within that either.
You can have a firearm locked in your trunk on school property, and as previously stated, dropping your kids off with a CCW is not against the law. I am fairly confident it is "on school property outside of your vehicle" that you have to worry.

Otherwise if you commit some felony within a certain distance, that elevates it to the next criminal penalty level.

 

[actaeon277]

bump

 

[HoughMade]

***Not Legal Advice***

Seek out your own attorney for specific legal advice. You may not rely upon anything I may state below as I am not your attorney and I am not giving legal advice to any person.

That being said.

For my own personal purposes, I read the law in effect UNTIL July 1, 2022, Ind. Code sec 35-47-2-1. That is the law which made it a crime to carry a handgun without a license. Generally, doing so is a class A misdemeanor. However, included in that law is a provision that states that is someone carries a gun without a license in a school, on a bus or within 500 feet of a school, commits a level 5 felony.

One may rightly ask: "but what if carrying a gun without a license isn't a crime anymore (generally)"?

The version of 35-47-2-1 that takes affect on July 1, 2022, of course, does just this. Absent from that specific statute is any mention of schools or 500 feet.

There is still the statute (35-47-9-2) making it a felony to carry on school grounds, but it refers to "in or on school property or on a school bus". It says nothing about 500 feet.

So, this takes us to another new statute, 35-47-2-1.5. This gives a bunch or definitions and lists a bunch or people who cannot carry even under the new law (criminals of different varieties, alien, fugitive, mental defective, committed, etc.). It then contains a familiar provision:


(e) A person who violates this section commits unlawful carrying of a handgun, a Class A misdemeanor. However, the offense is a Level 5 felony if:
(1) the offense is committed:
(A) on or in school property;
(B) within five hundred (500) feet of school property; or
(C) on a school bus;...

So, I ask myself: "am I prohibited from carrying a handgun?" The answer is "No". Therefore, the 500 foot thing does not apply to me (but carrying in a school or on a bus is still off limits).

Unless I missed a statue (possible), I don't see it.

***THIS IS NOT LEGAL ADVICE*** This is me going through an academic exercise for my own use. Do not rely on anything I stated here.

 

[HoughMade]

On this point, the 500 feet of a school thing, this article is consistent with my read:

What we know about the permitless carry law that goes into effect July 1

The days are counting down until Indiana residents are no longer required to obtain or possess a license or permit to carry a handgun. Here’s where we stand amid a growing conversation around…

fox59.com

 

[Joniki]

***Not Legal Advice***

Seek out your own attorney for specific legal advice. You may not rely upon anything I may state below as I am not your attorney and I am not giving legal advice to any person.

That being said.

For my own personal purposes, I read the law in effect UNTIL July 1, 2022, Ind. Code sec 35-47-2-1. That is the law which made it a crime to carry a handgun without a license. Generally, doing so is a class A misdemeanor. However, included in that law is a provision that states that is someone carries a gun without a license in a school, on a bus or within 500 feet of a school, commits a level 5 felony.

One may rightly ask: "but what if carrying a gun without a license isn't a crime anymore (generally)"?

The version of 35-47-2-1 that takes affect on July 1, 2022, of course, does just this. Absent from that specific statute is any mention of schools or 500 feet.

There is still the statute (35-47-9-2) making it a felony to carry on school grounds, but it refers to "in or on school property or on a school bus". It says nothing about 500 feet.

So, this takes us to another new statute, 35-47-2-1.5. This gives a bunch or definitions and lists a bunch or people who cannot carry even under the new law (criminals of different varieties, alien, fugitive, mental defective, committed, etc.). It then contains a familiar provision:


(e) A person who violates this section commits unlawful carrying of a handgun, a Class A misdemeanor. However, the offense is a Level 5 felony if:
(1) the offense is committed:
(A) on or in school property;
(B) within five hundred (500) feet of school property; or
(C) on a school bus;...

So, I ask myself: "am I prohibited from carrying a handgun?" The answer is "No". Therefore, the 500 foot thing does not apply to me (but carrying in a school or on a bus is still off limits).

Unless I missed a statue (possible), I don't see it.

***THIS IS NOT LEGAL ADVICE*** This is me going through an academic exercise for my own use. Do not rely on anything I stated here.

I certainly appreciate your input.