Guns On School Property

[Gluemanz28]

A safety officer was on the local news talking about the new law that passed the house. He pointed out that parents dropping off or "passing through" as he called it was within the law. He pointed it out in a book that he had. I did a search and found the IC code he was referencing.

What say my fellow INGO brothers and sisters.

If this is a dupe then I just gave someone the opportunity to flash their Dupe Police badge and post DUPE.

IC 35-47-9
Chapter 9. Possession of Firearms on School Property and School Buses


IC 35-47-9-0.1
Repealed
(Repealed by P.L.63-2012, SEC.78.)


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 may legally possess a firearm and who has been authorized by:
(A) a school board (as defined by IC 20-26-9-4); or
(B) the body that administers a charter school established under IC 20-24;
to carry a firearm in or on school property.
(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.
(4) A person who is a school resource officer, as defined in IC 20-26-18.2-1.
As added by P.L.140-1994, SEC.11. Amended by P.L.172-2013, SEC.12.
IC 35-47-9-2 Version a
Possession of firearms on school property or on a school bus; felony
Note: This version of section amended by P.L.172-2013, SEC.13. See also following version of this section amended by P.L.158-2013, SEC.601, effective 7-1-2014.
Sec. 2. A person who possesses a firearm:
(1) in or on school property; or
(2) on a school bus;
commits a Class D felony.
As added by P.L.140-1994, SEC.11. Amended by P.L.172-2013, SEC.13.

 

[rockhopper46038]

It's been legal for a long time for an LTCH holder to have a firearm in the car with you on school property while in the process of dropping off or picking up a student so long as the person possessing the firearm is the operator of the vehicle and does not leave the driver's seat (or at least that is the commonly held interpretation).

The law that has recently passed the House contained an Amendment that would allow for a person in possession of a valid LTCH to be able to secure the firearm in their car while they left the vehicle. This has to be reconciled with a previously passed Senate bill that did not include that Amendment. There is a thread about this, search for "SB229". Ideally, call the House and Senate conferees and urge them to keep the Amendment in the reconciled bill. Supposedly the conferees could vote with as little as 1 hour notice beginning Monday.

 

[Hammerhead]

This is the law as it stands now. What is going through the statehouse is a bit better. It will make it so that you can get out of your vehicle and go inside if you leave your sidearm put away in your car.

It will also eliminate once and for all the "roving school zone" bs that we fought to get eliminated yet showed up again due to some idiotic clerical error.

We want this to go through so we can stop worrying about becoming accidental felons.

 

[Gluemanz28]

I agree with both Hammer and Rock. The reason I posted this was I read on another post that a guy posted that he hoped it passed so he could carry while dropping his kid a school. A person replied that it would take six months for the law to be put in place. He is already good to go with the current IC Code.

 

[Lectric102002]

I agree with both Hammer and Rock. The reason I posted this was I read on another post that a guy posted that he hoped it passed so he could carry while dropping his kid a school. A person replied that it would take six months for the law to be put in place. He is already good to go with the current IC Code.

It's my understanding that if it passes and is signed into law, it will be effective 7-1-14

 

[CathyInBlue]

Generally, laws passed by the GA have effective dates of June 1st of the year in which they are passed or, for measures declared emergency legislation, such as the statutory right to resist law enforcement bill after Barnes, they become effective immediately upon the governor's signature, whether individual agents of the state realize it or not. It's unusual, but not forbidden by rules of the legislature, law, or the Constitution, for the GA to establish any effective date they want, which I believe they did when they pushed back the effective date for the business door 8' radius smoking ban bill. June 1st is just tradition. It's the exact mid-year point date.

 

[Paul30]

I guess since our LTCH does not restrict how many you can carry, if your wife unit is carrying too you could always put yours in her purse until you leave school property or if you are the driver you could tuck hers in your jacket until you leave the property to stay inside the legal boundaries. Stupid to have to do so, but it would keep the passenger out of trouble if you are trying to stay inside the law. Many times you don't know you are going to the school. Example : Grandparents are out running errands and parent asks them to stop in and pick the kids up from school as they will be working late. You really don't want to drive 30 miles home to drop of a gun and remain unarmed during the entire journey to stay legal. Grandpa slips gun in grandma's purse and has grandma drive on and off property. Main problem is many schools require you to go in and sign them out. As the law is interpreted now, you can't carry the gun into the school, and you can't leave it locked in the car because then you aren't officially operating the vehicle at that point. Bottom line, the law needs to change so people are not either unreasonably restricted or committing felonies on a daily basis.

 

[Scott26]

If passes would this impact churches with licensed care on the property.

 

[Gluemanz28]

That is a good question. I don't have enough information to answer it though. Maybe someone else will.

 

[ATM]

If passes would this impact churches with licensed care on the property.

Yes. The only reason they are currently off limits is because they are included in the definition of "school property" in the code.

If the "school property" prohibition gets this new exception added, it should apply to every property that falls within that definition.

 

[Scott26]

Being able to leave a handgun in the car at church would be great

 

[rbMPSH12]

Here's a question: Let's say this law passes and a school worker (teacher or not) leaves his gun in the car in a legal manner. Suppose a nutjob enters the school and starts opening fire. The teacher has an opportunity and runs out the back door to his car to grab his gun and then back into the school to try to stop the attacker before LEOs arrive. This would be a reasonable thing for such a such a person to do if he had a gun in the car and the opportunity to quickly exit the school to retrieve it, and was not leaving students unattended to fend for themselves. I believe this may have even happened somewhere before. Is it a possibility that the prosecutor would not file charges against that school employee for carrying the firearm into the school? Is that just up to what the prosecutor feels like doing given the circumstances? Or is it an automatic felony? I would think there would at least be the possibility of leniency from the prosecutor for someone trying to protect students from an attacker.

 

[CathyInBlue]

https://en.wikipedia.org/wiki/Pearl_High_School_shooting
https://en.wikipedia.org/wiki/School_shooting#Political_impact

School shooter Luke Woodham at Pearl High School in Mississippi was taken down (not killed) when assistant principle Joel Myrick (not a teacher with students in their charge) sprinted a couple blocks away where he had his personal protection sidearm legally locked in his car (as it couldn't be so while the automobile was parked on school property).

 

[nakinate]

Being able to leave a handgun in the car at church would be great

You can carry it inside church if they don't have a preschool/daycare.

 

[SteveM4A1]

Unless everyone starts calling/emailing, this won't get pushed through it appears

 

[Scott26]

You can carry it inside church if they don't have a preschool/daycare.

Our church has daycare. Thks

 

[Jay]

I haven't seen it anywhere, but does SB229 extend to colleges, and universities, or just K-12 ?

 

[SteveM4A1]

I haven't seen it anywhere, but does SB229 extend to colleges, and universities, or just K-12 ?

Just K-12, because it is already legal to store your firearm in your car on campus parking lots.

 

[Jay]

Just K-12, because it is already legal to store your firearm in your car on campus parking lots.

Thanks Steve...

 

[SteveM4A1]

Thanks Steve...

Remember though, just because it is legal does not mean it isn't against the university's policies.