LEO Carry at Public Schools?

[bigdog25-06]

I was present for a conversation at the Little League field at my kids school, and a statement was made about the possibility of a "sociopath" appearing at a game (on school property). One of the parents said "well, that's why we keep (we'll call him 'Bill') Bill here: he's a police officer!" Well, Bill is a city police officer from a neighboring county, but lives in my kids school district. That's, more or less, the back-story.

The question I have is: is it legal/allowed for an off-duty (in street clothes) police officer to carry a concealed handgun on school property? I'm not so much concerned about jurisdiction, because I think I understand it for the most part.

A friend and I were discussing this at lunch the other day, and neither were sure at that time. Since then, my friend did a little research, and has gathered that it is only legal if the officer is acting in an official capacity. While I am agreeable with his findings, I would still like to hear from some of INGO's LEO's.

Please don't mistake this as me gripeing if an off-duty officer WAS carrying on school property: I would support it. Hell, I wish I could carry on school property, but being John Q. Public, I am not allowed. Sucks, because I spend A LOT of time at the school/school functions.

So, what say you, officers of INGO?

 

[printcraft]

IANAPO

Yes he can, no you can't.

/thread

 

[Donnelly]

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.
<A name=IC35-47-9-2>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.


The Indiana Code does not mention anything about the LEO being on duty.

 

[Dogman]

I think your friend is right, only an on duty LEO can carry on school property, if I remember right. This was one part of LEOSA that did not get passed. It was in the Senate's bill but not the House's bill which is the one that became law.
From Donnellys post it looks like I am mistaken.

 

[bigdog25-06]

IANAPO

Yes he can, no you can't.

/thread

Can you supply a source/reference to your answer?

 

[printcraft]

Can you supply a source/reference to your answer?

Donnelly already has.

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:

law enforcement officer.



The Indiana Code does not mention anything about the LEO being on duty.

He does not stop being a "law enforcement officer" while off duty.

 

[bigdog25-06]

Donnelly, thanks for the reference!

 

[kevman65]

Can you supply a source/reference to your answer?

By the below quoted post. There is no definition to whether named federal, state, or local LEO is on duty or off. An LEO on duty is also an LEO off duty, only difference is they are getting paid while on duty.

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.
<A name=IC35-47-9-2>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.


The Indiana Code does not mention anything about the LEO being on duty.

 

[ckcollins2003]

By the below quoted post. There is no definition to whether named federal, state, or local LEO is on duty or off. An LEO on duty is also an LEO off duty, only difference is they are getting paid while on duty.

So, even while off duty, are LEO's still allowed and encouraged to make arrests, issue tickets, etc.?

 

[Dogman]

So, even while off duty, are LEO's still allowed and encouraged to make arrests, issue tickets, etc.?

Allowed yes. Encouraged? some are some aren't. As long as the officer is in a marked car they can stop and issue tickets while off duty.

 

[kevman65]

So, even while off duty, are LEO's still allowed and encouraged to make arrests, issue tickets, etc.?

Write everyday tickets, from what I gather from my LEO friends, no not while off duty. Encouraged to prevent bodily harm to citizens, yes. Call it in and do what is necessary until uniforms arrive.
Not mandatory, but is encouraged.

 

[VUPDblue]

So, even while off duty, are LEO's still allowed and encouraged to make arrests, issue tickets, etc.?

See below.

Write everyday tickets, from what I gather from my LEO friends, no not while off duty. Encouraged to prevent bodily harm to citizens, yes. Call it in and do what is necessary until uniforms arrive.
Not mandatory, but is encouraged.

This.^^

 

[ckcollins2003]

Thanks, always wondered how that worked.

 

[Dogman]

Write everyday tickets, from what I gather from my LEO friends, no not while off duty. Encouraged to prevent bodily harm to citizens, yes. Call it in and do what is necessary until uniforms arrive.
Not mandatory, but is encouraged.

Your saying that officers off duty in marked cars can't stop someone and issue a ticket anymore? If so, when did it change? I believe they still can issue a ticket off duty if they want.

 

[Destro]

Your saying that officers off duty in marked cars can't stop someone and issue a ticket anymore?

I think in that context, "uniforms" should be "on duty officers"

off duty officers can also stop you in an unmarked vehicle of they are wearing a police uniform

 

[Dogman]

I think in that context, "uniforms" should be "on duty officers"

off duty officers can also stop you in an unmarked vehicle of they are wearing a police uniform

Right.

 

[VUPDblue]

How did this go from carry in a school to traffic-stop protocol?

 

[kevman65]

Your saying that officers off duty in marked cars can't stop someone and issue a ticket anymore? If so, when did it change? I believe they still can issue a ticket off duty if they want.

Key word was encouraged. From what I gather from conversations they are not encouraged to make every day traffic stops and write tickets while off duty. Can they do it, yes. Will they do it, yes if they deem the infraction severe enough. Are they encouraged to, again back to the conversation thing and the answer I gather is no.

I'm not an LEO, I am someone that has several friends dating all the way back to elementary school that have become LEO's in various departments around the State.

Back to the original content of the thread, off duty LEO's generally carry a sidearm somewhere on their person at all times. Be it in an ankle holster, fanny pack, IWB or OWB and the ones I know all carry concealed off duty.

 

[E'villeGunner]

How did this go from carry in a school to traffic-stop protocol?

So....what are the Colt's chances this year?

 

[4sarge]

How did this go from carry in a school to traffic-stop protocol?

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