Legal Question

[youngda9]

I've read that you cannot leave your gun in the car when dropping your kid off at school. That if you bring your gun that you have to stay in the car with it.

Here is what the law reads:

IC 35-47-9
Chapter 9. Possession of Firearms on School Property and School Buses
<A name=IC35-47-9-1>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.

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.
As added by P.L.140-1994, SEC.11.



Is 35-47-9-1-(3)-(B) says "possesses the firearm in a motor vehicle"...is this where the implication that you must stay in the vehicle with your weapon comes from?

 

[kludge]

Yes, and there have been convictions. If you have to leave the vehicle, park somewhere off school property.

It also says "while operating" so, personally I always leave the engine running.

 

[melensdad]

I would presume so.

I know the law is sort of silly. I drop off and pick up my child at school daily. On the rare occasions when I have to go inside the school I must drive across the street, park on the public roadway, disarm, and then go inside. Seems to me that it would be safer for all concerned if I parked in the school parking lot, disarmed, and went inside because the parking lot is more secure than parking on a public roadway. JMO

 

[indyjoe]

Is 35-47-9-1-(3)-(B) says "possesses the firearm in a motor vehicle"...is this where the implication that you must stay in the vehicle with your weapon comes from?

Yes. And that any other state, i.e. Out of the vehicle carry, left in the vehicle not carrying, etc. are described as illegal.

 

[Nathan]

i went to a christmas band concert for my little sister who is a senior. all i did was park in the parking lot, and locked the firearm in the glove box. There are no serious consequences to locking a firearm in a glovebox and then locking the vehicle. been doing it for years. although i am admitting to breaking the law here, it in no way represents my ability to handle and carry a firearm.

 

[Rookie]

Yes, you are able to do that, if you accept the fact that you run the risk of being arrested if you were ever caught.

 

[AFA1CY]

For your viewing pleasure:

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